{"id":13118,"date":"2023-07-08T12:28:43","date_gmt":"2023-07-08T12:28:43","guid":{"rendered":"https:\/\/www.theukrules.co.uk\/?page_id=13118"},"modified":"2023-09-20T06:56:49","modified_gmt":"2023-09-20T06:56:49","slug":"ex-offenders","status":"publish","type":"page","link":"https:\/\/www.theukrules.co.uk\/rules\/employment\/employing\/recruiting\/ex-offenders\/","title":{"rendered":"Ex Offenders and Employment UK | Spent Conviction Rules"},"content":{"rendered":"
SPENT CONVICTIONS<\/strong>: Employers must follow all recruitment rules<\/a>.<\/p>\n That means they need a valid reason to turn someone down for a job.<\/p>\n Being convicted of an offence is not a valid reason by itself – providing it is a ‘spent conviction<\/strong>‘.<\/p>\n As a rule, there is no legal requirement for job applicants to inform their potential employers about any spent convictions or cautions.<\/p>\n Note<\/strong>: Some exceptions apply to ex-offender employment rights (see below).<\/p>\n <\/p>\n <\/p>\n There are several different types of prison sentences<\/a> in the United Kingdom. Having a conviction with a 4 year sentence (or less) will ‘eventually<\/strong>‘ become spent at some point.<\/p>\n The time that a conviction takes to become spent is also known as the ‘rehabilitation period<\/strong>‘. The length of this period gets determined by the severity of the penalty.<\/p>\n <\/p>\n <\/p>\n <\/p>\n This list shows non-custodial sentences and the rehabilitation period from end of each different type of sentence.<\/p>\n Being convicted and under 18 when it happened means the rehabilitation period gets halved. There is an exception for sentences up to 6 months. In this case, it would be the sentence period plus an extra 18 months.<\/p>\n Note<\/strong>: Different rehabilitation periods apply in Scotland and in Northern Ireland<\/a>.<\/p>\n <\/p>\n <\/p>\n In some cases, the job position may require a criminal record check<\/a> (DBS). The check may show that the applicant is not suitable for the job due to a spent conviction or caution.<\/p>\n In cases such as these, the employer may withdraw the job offer and not breach any discrimination rights<\/a>. The employer should then inform the applicant that an exception applies.<\/p>\n The Disclosure and Barring Service carry out these types of criminal record checks. It replaces the Criminal Records Bureau (CRB). Thus, CRB checks are now called Disclosure and Barring Service<\/a> (DBS) checks.<\/p>\n Note<\/strong>: Refusing to give someone a job because they have a spent conviction or caution is against the law. An exception would apply if the basic DBS check<\/a> shows the person is unsuitable for the job.<\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n As an employer, you can register with the Ministry of Justice<\/a> to get further information about offering training and employment to ex-offenders.<\/p>\n <\/p>\n <\/p>\n
\nWhat is a Spent Conviction?<\/h2>\n
\nRehabilitation Periods: England and Wales<\/h2>\n
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\nCriminal Record Check Exceptions<\/h2>\n
\nSimple Cautions and Conditional Cautions<\/h2>\n
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\nEmploying Ex-offenders<\/h2>\n
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