Buddy says: It is not uncommon for many employers to be apprehensive about employing ex-offenders.  However, the simplest way to obtain criminal records information is to ask prospective employees for this, either by including a question on your application form or by raising the issue at an interview. 

If a prospective employee is asked whether they have a criminal record, what they have to say in response depends on:-

• whether his/her convictions are “spent” (i.e. forgotten); and
• whether he /she has applied to do an “excepted” job.

Job applicants are not required to disclose details of any spent convictions and any question asked of an applicant may be answered on the basis that they do not refer to spent convictions. 

In contrast, if a prospective employee carries out or wants to do an “excepted” job and they are asked about past convictions, they must tell their employer about both spent and unspent convictions.  Most excepted jobs are in health, education, the police force and jobs involving children and/or vulnerable adults. 

Employer Information: The legislation that covers the disclosure of criminal offences is the Rehabilitation of Offenders Act 1974 (ROA).  Under the ROA, a spent conviction or failure to disclose such a conviction are not grounds for dismissing or excluding a person from any office, profession, occupation or employment or for prejudicing him in any way in any occupation or employment. 

Access to records information has been improved under the Criminal Records Bureau disclosure service.  However, the disclosure service is only available where a position falls within the scope of the Rehabilitation of Offenders 1974 (Exceptions Order) 1975.  As a result, individuals applying for a position covered by the Exceptions Order may be asked about both spent and unspent convictions and will be under an obligation to answer fully. 

If it is discovered that an employee has been dishonest in their response for criminal records information, it would be possible for an employer to take appropriate action.  It is important to be aware that a spent conviction is not proper grounds for not employing someone (unless that person falls within a category to which the Exceptions Order applies).  In addition, if an employee can prove that they have been dismissed for a spent conviction and they have been in employment a year or more, they may be able to claim unfair dismissal. 

Depending upon how much this is a concern for your business, it may be prudent to implement a written policy on the Recruitment of Ex-Offenders, which should be made available to the disclosure subjects on request.  Furthermore, only employees who need to see the disclosed information in the course of their jobs should have access to this information.  It is important to be aware that it is an offence under the ROA to disclose disclosure information to an unauthorised third party.