By Rik W, Training & Advocacy Manager, Offploy CIC
Navigating the complexities of disclosing a criminal offence can be challenging for ex-offenders seeking to rebuild their lives. As a Frontline Advisor, understanding when and how to disclose this information is crucial, particularly within the framework of the Rehabilitation of Offenders Act 1974, which plays a pivotal role in protecting individuals with spent convictions. You can’t un-ring that bell in the event of over-disclosure, here’s how you can help.
The Rehabilitation of Offenders Act 1974
The Rehabilitation of Offenders Act 1974 is designed to support the reintegration of ex-offenders into society. Under this Act, certain criminal convictions can become “spent” after a specified period, depending on the severity of the offence and the sentence imposed. Once a conviction is spent, the individual is not legally required to disclose it to most employers, helping to reduce the stigma associated with having a criminal record.
Understanding Spent and Unspent Convictions
A conviction becomes spent if the individual has not reoffended within the rehabilitation period, the length varies based on the nature of the offence and the penalty received. For example, a fine may become spent after one year, whereas longer custodial sentences take more time. It’s essential to check the status of your conviction to understand whether it is spent or unspent. Using an online calculator can be a useful guide: Disclosure Calculator – Unlock
Learn the intricacies of Spent vs Unspent in our next free webinar
Disclosure in Employment
For most job applications, you are not legally obliged to disclose spent convictions. However, there are exceptions for certain regulated roles, such as those involving work with vulnerable adults, children, or in financial services. These positions often require an enhanced Disclosure and Barring Service (DBS) check, which will reveal spent convictions. Therefore, when applying for such roles, it’s important to disclose all relevant information honestly and humbly.
The Risks of Over-Disclosure
Over-disclosure is a significant barrier to employment for ex-offenders. Many individuals disclose spent convictions unnecessarily, fearing that non-disclosure might be viewed as dishonesty. This can lead to immediate rejection or discrimination, even when the offence is no longer legally relevant. Understanding your rights under the Rehabilitation of Offenders Act can prevent over-disclosure and enhance your employment prospects.
We specifically talk about over-disclosure in our upcoming free webinar
When to Disclose a Conviction
- Applying for Non-Regulated Roles: If your conviction is spent, you do not need to disclose it for most job applications. However, if asked specifically about unspent convictions, you must provide accurate information.
- Applying for Regulated Roles: For positions requiring a DBS check, you must disclose both spent and unspent convictions. Honesty is crucial, as failure to disclose can result in job offers being withdrawn and damage your credibility.
- During Interviews: If the employer enquires about criminal history during an interview, clarify whether they are asking about spent or unspent convictions. Provide necessary details about unspent convictions only if relevant.
- Voluntary Disclosure: In some cases, you might choose to disclose spent convictions voluntarily to provide context, especially if the offence might otherwise be discovered through informal channels. Consider the potential impact and prepare to explain how you have rehabilitated yourself since.
Knowing when to disclose a criminal offence is essential for ex-offenders aiming to secure employment and reintegrate into society. The Rehabilitation of Offenders Act 1974 offers vital protection, ensuring that spent convictions do not have to be disclosed in most circumstances. By understanding the distinctions between spent and unspent convictions and the specific requirements for regulated roles, you can navigate the disclosure process more effectively, minimising the barriers to employment and fostering a fairer, more inclusive job market.
Become an expert on disclosure at our upcoming free webinar
About the Author
Rik has a combined honours degree in Law, and spent much of his career in the RAF as a Personnel Officer. Rik joined Offploy 5 years ago as a volunteer and then a Senior Social Employment Adviser and is now Offploy’s Training & Advocacy Manager. He delivers training all over the country to employers and frontline advisers. You can contact Rik through Rik@offploy.org
