Disclosing Criminal Records to Employers

Disclosing a criminal record to an employer can feel daunting, but understanding your rights and responsibilities can help you navigate the process confidently. Employers may ask about your criminal record at various stages of the recruitment process. Whether you need to disclose depends on whether your conviction is spent or unspent under the Rehabilitation of Offenders Act 1974 and the type of role you are applying for. 

Key Guidelines on Disclosure 

• Unspent Convictions: By law you must disclose any unspent convictions if an employer asks about your criminal record. 

  
  

• Spent Convictions: For most jobs, once a conviction is spent, you are not required to disclose it. 

  
  

• Roles Requiring Enhanced DBS Checks: Certain jobs, such as those in education, healthcare, and law enforcement, require Standard or Enhanced DBS checks, where both spent and unspent convictions may be disclosed and considered by the employer. 

Best Practices for Discussing Your Criminal Record 

Understand Your Record: Before applying, check whether your conviction is spent by using a disclosure calculator or seeking professional advice.

Be Honest and Prepared: If disclosure is necessary, be upfront and ready to explain what happened, how you’ve moved forward, and why it does not impact your ability to perform the job. Consider whether you prefer to disclose verbally or in writing and do what is right for you: 

• Verbally – has the advantage of being able to convey your sincerity and regret at past mistakes 

• Writing – allows you to think about all the facts you want to convey and get them down in an ordered way in an unpressured environment  

Focus on Skills and Experience: Employers should assess your qualifications and experience rather than making a decision based solely on your past. 

Know Your Rights: If an employer asks for a DBS check, ensure it is appropriate for the role. Employers must comply with the Rehabilitation of Offenders Act 1974 and Data Protection Laws when handling criminal record information. 

While disclosing a criminal record can be stressful, honesty, preparation, and a focus on your skills can help you navigate the recruitment process successfully.  

Understanding your rights and the role of disclosure in different sectors can ensure that you approach potential employers with confidence.