When applying for jobs some criminal convictions do not have to be declared
Even if asked by the Employer
After a set length of time has gone by they become spent or forgotten.
This length of time is called the rehabilitation period and depends
on the sentence given for the offence not the offence itself.
The length of the rehabilitation period starts from the date of conviction.
The length of a prison sentence you actually serve is irrelevant.
The rehabilitation period depends on the original sentence you were
given.
If you were given a prison sentence of more than 2 and a half years it can
never become spent.
| Sentence |
Under 18 when Convicted |
Over 18 when convicted |
| 6 months or less |
3 and a half years |
7 years |
| 6 months to 2 and a half years |
5 years |
10 years |
| Community Service, Fines |
2 and a half years |
5 years |
| Probation or care orders conditional discharge |
1 year or until the order expires (whichever is the
longer) |
|
| Attendance Centre order |
1 year after the order expires |
|
| Hospital order |
5 years or two years after the order expires (whichever
is the longer) |
|
N.B. A sentence includes suspended sentences
 Further
Convictions
| 1 |
If the further conviction was for a minor offence which can only
be tried in a Magistrates Court the rehabilitation period for both
offences will expire separately |
| 2 |
If the further conviction was for a serious offence which could
be tried in a Crown Court (even if it wasn't) then neither
conviction will become spent until the rehabilitation period for both
offences are over. |
| 3 |
If a prison sentence of more than 2 and a half years was given before
an earlier conviction became spent, neither conviction ever
becomes spent. |
But once a conviction becomes spent it remains spent even if later
convictions arise.
Occupations
Expected from the Act
Convictions must be declared even
if spent if applying for or in one of the following occupations:
| 1 |
Any post providing accommodation care, education, social service
or leisure facilities to those under 18 e.g. Teachers, Social Workers
|
| 2 |
Any post providing Social Services to the elderly, physically or
mentally disabled, drug abusers or chronically sick. |
| 3 |
Any post providing health care in the N.H.S. |
| 4 |
Any post involving justice e.g. Police, Probation Officers, Traffic
Wardens. |
| 5 |
Any post involving national security e.g. certain Civil Service
jobs or Defence Contractors. |
Admission to professions which have legal
protection e.g. Lawyers, Doctors, Dentists, Accountants, Nurses, Chemists.
Declaring
Convictions
| 1 |
If a conviction is not spent or the post which is being applied
for is an excepted one the conviction must be declared if
asked |
| 2 |
If an employer does not ask they do not have to be declared |
| 3 |
If a conviction is not declared when asked by an employer there
is a risk of
a. Dismissal
b. Prosecution
|
The above is a general outline only and should not be regarded as a complete
or authorative statement of the law |
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