An applicant has disclosed a criminal record – what’s my first step?
- You should establish whether it’s something that you can legally take into account. This means understanding whether the role in question is covered by the Rehabilitation of Offenders Act 1974 (ROA).
- If the role is covered by the ROA, you should ignore spent criminal records.
- More information: Ignoring spent criminal records [Detailed guidance]
- If the role is exempt from the ROA, you should ignore filtered criminal records.
- More information: Ignoring filtered criminal records [Detailed guidance]
An applicant has disclosed unspent criminal convictions – what should I do?
- There is a lot of confusion about criminal records. Confusion can create anxiety. Anxiety can lead to risk-averseness. Often, it’s easy to make assumptions about what was involved in someone receiving a criminal record. However, when you have a clear process in place for assessing criminal records, you are better able to understand specific situations and make confident recruitment decisions as a result.
- More information: Carrying out a criminal record assessment [Detailed guidance]
- If you’re looking for a formalised way of working through an applicant’s criminal record, we have a criminal record assessment template as a downloadable resource
- If an applicant has disclosed a criminal record, there’s a number of factors to consider to better understand the relevance of this to the role in question.
- More information: Factors to consider when assessing criminal records [Detailed guidance]
I want to establish a process for assessing criminal record
- More information: Assessing criminal records [Detailed guidance]