From Lawpack's Employment Contracts Kit.
Job applicants can be asked to disclose any criminal convictions and these can be checked with the Criminal Records Bureau.
After a certain period of time, people who have been convicted of criminal offences and who have served their sentences are not under a duty to disclose those convictions to a prospective employer. These convictions are known as 'spent' convictions. If spent convictions are disclosed to prospective employers, it's unlawful for them to take the offences into account when considering someone for a job and if they do so, they will be guilty of unlawful discrimination.
The periods of time (known as 'rehabilitation periods') depend on the seriousness of the offence; they are set out below. In certain professions, offices and occupations, all previous offences must be disclosed regardless of the period of time that has expired.
- Sentence: Imprisonment, corrective training or sentence of detention in a young offenders' institution for between 6 and 30 months
Rehabilitation period: 10 years - Sentence: Imprisonment or sentence of detention in a young offenders' institution for a term not exceeding 6 months
Rehabilitation period: 7 years - Sentence: A fine or the sentence not expressly covered by the Rehabilitation of Offenders Act 1974
Rehabilitation period: 5 years - Sentence: Order for detention in a detention centre
Rehabilitation period: 3 years - Sentence: Absolute discharge
Rehabilitation period: 6 months - Sentence: Conditional discharge
Rehabilitation period: 1 year - Sentence: Probation
Rehabilitation period: 5 years
Law stated as at 1 April, 2005