The Rehabilitation of Offenders Act 1974 allows for criminal convictions to become ‘spent’, i.e. to be ignored, after a specified period of time. After this rehabilitation period, you may not need to mention your conviction to a prospective employer when applying for a job - you can simply answer ‘no’ when asked if you have any previous convictions.
ExceptionsThere are a number of important exceptions to this rule, depending on the sentence you were given and the nature of the work you are applying for. Areas of employment where you must disclose convictions, even if they are spent, include work involving contact with disabled, elderly or mentally ill people, or under 18s. The same applies to certain professions, including lawyers, teachers, medics, nurses, and social workers. For a full list, see the Liberty Guide to Human Rights ('Right to privacy' section).
Rehabilitation periodsThe rehabilitation period depends on the sentence - some sentences carry a fixed period, while others have a variable period. If you receive a custodial sentence, the rehabilitation period depends on the length of your sentence, not the time actually spent in prison, and is usually halved if you were under 18 when convicted. Here are some examples: - Any prison sentence, including detention in a Young Offenders Institution, of between six months and 30 months, has a rehabilitation period of ten years (five years if you were under 18 when convicted).
- A community punishment order, previously a community service order, has a five-year rehabilitation period (two-and-a-half years if you were under 18 when convicted).
- Absolute discharges carry a rehabilitation period of six months.
- Under current legislation, a prison sentence of over 30 months is never spent, but this may change.
- Cautions, reprimands and final warnings are not convictions and are therefore not covered by the Act, although they will appear on a Criminal Records Bureau check. The government’s intention for the future is to include them in the Act but give them a rehabilitation period of ‘nil’ so that they will be ‘spent’ as soon as they are administered.
Full details of rehabilitation periods are available in the Rehabilitation of Offenders Act 1974. The Home Office has announced its intention to review the ROA. Among other things, it proposes to reduce the periods of time it takes for offences to become ‘spent’. For information on the review, see the Home Office website.
Your rightsIt is illegal for an employer to dismiss or refuse to employ you on the grounds of spent convictions. It is also illegal for anybody to reveal information about your conviction after the end of the rehabilitation period. Seek advice if this happens.
Work abroadThe ROA only applies in the UK, so if you want to work abroad you may be under a duty to disclose ‘spent’ convictions.
For further information and guidance, consult one of the specialist organisations, such as the National Association for the Care and Resettlement of Offenders (NACRO). You can phone their helpline on 0800 0181 259 or email helpline@nacro.org.uk. The Apex Charitable Trust also run a telephone helpline for enquiries on 0870 608 4567. In Scotland, you can contact Apex Scotland on 01382 525031. back to top Many organisations working in areas exempt from the Rehabilitation of Offenders Act require a Criminal Records Bureau (CRB) check, in England either ‘Enhanced’ or ‘Standard’, before confirming an offer of employment, a placement or voluntary work. (In Scotland, Disclosure Scotland provides a similar service but there is also a ‘Basic’ disclosure available to anyone on payment of a fee which contains details of all unspent convictions.) The CRB checks police records and sometimes records held by the Department of Health (DH) and Department for Business, Innovation and Skills (BIS) for information about an individual’s record. This information includes spent and unspent convictions recorded on the police national computer as well as cautions, reprimands and final warnings. Enhanced disclosures may also show any other information on local police records. If you are applying for a job or a type of work where CRB checks are required, it will be in your interests to disclose information about your convictions which may come to light. Check whether the employer has a criminal records policy (see finding positive employers) and discuss your strategy with a careers adviser or one of the specialist organisations listed in contacts and resources. Bear in mind that it is for the employer to make the final recruitment decision once they have received the results of the CRB check.
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