Convictions and disclosures checks
One of the questions on the application form asks whether you have any convictions for criminal offences.
If you have in the past been convicted of a criminal offence, then under certain circumstances, the Rehabilitation of Offenders act 1974 allows you to regard the conviction as "spent", and to answer the question as though the offence had never happened.
However if you are applying for a post that needs a disclosure and barred list check, then all convictions whether spent or not must be included on the disclosure certificate. This check would be made if you have been chosen for role, before a formal offer of employment is made.
When must I declare all my convictions?
For some posts you must declare all of your past convictions - spent and unspent, plus any cautions and bindover. These normally involve working unsupervised with children or vulnerable adults.
The job description and person specification will clearly state if you need to do this.
When is a conviction 'spent'?
Once you have completed your rehabilitation period. The length of the rehabilitation period depends on the type of conviction.
Rehabilitation periods
|
Sentence |
Rehabilitation period if aged 18 and over when convicted |
Rehabilitation period if under 18 when convicted |
|---|---|---|
|
Absolute Discharge |
6 months |
6 months |
|
Fines |
5 years |
2.5 years |
|
Compensation |
5 years |
2.5 years |
|
Probation (now called Community Rehabilitation Orders) |
5 years |
2.5 years |
|
Community service (now called Community Punishment Orders) |
5 years |
2.5 years |
|
Combination (now called Community Punishment and Rehabilitation Orders) |
5 years |
2.5 years |
|
Action plan |
5 years |
2.5 years |
|
Curfew |
5 years |
2.5 years |
|
Drug treatment and testing |
5 years |
2.5 years |
|
Reparation orders |
5 years |
2.5 years |
|
Prison sentences of less than six months |
7 years |
3.5 years |
|
Prison sentences of between six months and two and a half years |
10 years |
5 years |
|
Prison sentence of over two and a half years |
Never spent |
Never spent |
|
Borstal |
7 years |
7 years |
|
Detention centres |
3 years |
3 years |
