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Unspent Criminal Conviction process

Anna Edwards

Hi

I'm currently completing a L5 HR Consultant Apprenticeship and am about to embark on a research project for one of my units.  My aim is to investigate the current policy and guidelines within my organisation for recruiters making decisions on whether to progress applicants who state they have an unspent criminal conviction.

The Rehabilitation of Offenders Act 1974 entitles all employers to take into account unspent convictions when determining whether an applicant is suitable for the role applied for, but I was really hoping to hear from other organisations as to the process they take when they are faced with applicants who have unspent convictions.  Does your organisation have a policy or framework to follow when making these decisions?  What considerations do you make when looking at applicants with unspent convictions?  At what point (if any) do you ask candidates to declare they have an unspent conviction? Etc.

Any info I can get from other organisations would be a great addition to my current research.

Many thanks

Anna

Parents
  • I work in a regulated sector and we have to DBS check everyone - some to Standard and some to Enhanced. Even spent convictions, cautions etc will show up in the results. We expect people to declare in advance and take a dim view of anyone who doesn't. When we get a DBS that isn't 'clear' we interview the candidate about what actually happened (although we have no way of checking this is true or not), and do a risk assessment on an individual basis. This will take into account the type of work they will be doing, the type of offence/caution, timescale (a surprising number of people have some youthful indiscretions) and number of offences, and their explanation.
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  • I work in a regulated sector and we have to DBS check everyone - some to Standard and some to Enhanced. Even spent convictions, cautions etc will show up in the results. We expect people to declare in advance and take a dim view of anyone who doesn't. When we get a DBS that isn't 'clear' we interview the candidate about what actually happened (although we have no way of checking this is true or not), and do a risk assessment on an individual basis. This will take into account the type of work they will be doing, the type of offence/caution, timescale (a surprising number of people have some youthful indiscretions) and number of offences, and their explanation.
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