Do I have to ask about criminal records?
- For most organisations, whether you ask about criminal records as part of your recruitment process is up to you. It’s rare that you legally have to.
- We will be producing detailed guidance on this soon.
When should we ask applicants about their criminal record?
- If you currently ask about criminal records as part of your recruitment process, when do you ask for these details?
- Our guidance advises on asking at conditional offer of employment stage
- More information: When to ask about criminal records [Detailed guidance]
What am I allowed to ask for in terms of criminal records?
- It’s important that, if you’re asking about criminal records, you make sure you are clear about what information you want.
- Generally, there’s two ‘types’ of roles – those ‘covered by the ROA’ and those ‘exempt from the ROA’. The question you can ask will depend on the specific role in question.
- More information: Wording of questions that ask about criminal records [Detailed guidance]
I’ve offered somebody a job and want to use a form for them to disclose their criminal record?
- A criminal record self-disclosure form provides a helpful foundation for understanding and assessing the criminal record of the applicant. If significantly important information is disclosed, it might be the first stage in an assessment process. If old or minor information is disclosed, it might be the end of the assessment process.
- More information: Criminal record self-disclosure forms [Detailed guidance and templates]