Do you have to disclose a criminal conviction?

When the period is over, your conviction is called ‘spent’ and you may not need to tell an employer about it anymore. You’ll have to disclose criminal convictions immediately after you’ve been found guilty. But in most cases your rehabilitation period begins when your sentence ends.

Can you ask employees about criminal convictions?

Yes, but the question you should ask will depend on the job that you are recruiting for. All employers are entitled to ask applicants to disclose details of any convictions which are not yet spent (i.e. unspent) under the terms of the Rehabilitation of Offenders Act 1974 (as amended).

Do all employers ask about criminal records?

“A popular misconception amongst employers is that they have the right to know if any of their employees have a criminal record. This is not the case. In general, employers are only entitled to ask and be told if a candidate has an unspent conviction.

How do you explain a conviction to an employer?

On the application, write ”will discuss in interview” rather than a lengthy explanation of past convictions. In an interview, keep explanations brief, and stress what you have learned from your conviction and time in prison, how you have changed, and your skills or assets. Be positive!

Does no conviction mean no criminal record?

A section 10 is when you are guilty and sentenced but the court dismisses the offence without recording a conviction. Because the court has not recorded a conviction, you are not given a criminal record, even though found guilty.

Can you work with vulnerable adults with a criminal record?

Yes. Many employers – including those recruiting health and social care or legal professionals – employ people with criminal records and have incredibly positive experiences of doing so. In all other circumstances, it is completely at the discretion of the employer to make their own recruitment decisions.

Can my employer ask about my criminal record when I apply?

First of all, a number of states limit an employer’s right to ask applicants about certain offenses. Even if an employer has the right to ask about your criminal record, it may not be allowed to consider that history in making hiring decisions, unless the offense is related to the job for which you are applying.

Will my criminal record affect my chances of getting a job?

You are much better off being truthful. If you have impressed the employer with your qualifications and experience, your criminal record may not be a hindrance to being offered the job: Be prepared to share any changes that you have made to overcome any limitations that led to your crime.

What should employers consider when screening applicants with criminal history?

The EEOC advises that employers should instead consider the circumstances and context of the crime. They should also consider whether or not the criminal history will effect an applicant’s ability to add value to the team. You can download a printable PDF version of this guide to share with your team.

Is it illegal to run a background check on a job applicant?

Even when it isn’t illegal, the EEOC advises evaluating criminal history as only one factor of an applicant’s fit. You can run a background check only after making an offer and according to a written company policy.