I have a very old conviction dating back over 20 years. Because of the sentence I received, it will never be spent. Over the years, I know I’ve missed out on loads of jobs because I’ve had to tick the box on the application form. This is despite the fact that I only have one conviction from when I was a teenager and since then I’ve got a degree, had a family and completely changed my life. Recently, I came across a job where the company didn’t ask on their form – although they did say they would ask for a disclosure to whoever was successful. I knew I would be a strong applicant, so this gave me the confidence to apply. When I was offered the job, I was told it was dependent on a few things, including if I had a criminal record. I sat down and spoke with them and once they listened to what I had to say, they went away, came back and said they were happy to still employ me. 6 months on, I’m loving my job and so thankful that they took such an inclusive approach. I wouldn’t have applied otherwise.”

I have an unspent criminal conviction. When I was applying for various jobs, from one employer I really appreciated the fact that I was not asked about criminal convictions until being offered a job – I was judged on my merits, skills and experience first. On receiving the draft contract, it was clear that my conviction would need to be declared. I phoned the HR contact and was given the opportunity, face to face, to explain my situation. I was told that they could not follow through with the offer and gave me a very clear (and understandable) explanation. Whilst disappointed, I also feel that I was very fairly treated and didn’t walk away with any ambiguous view of the employer. In essence, I was treated as a human being and was able to walk away thinking “they wanted me but they also explained why, given my specific situation, this wasn’t possible.”

1. Between a quarter and a third of unemployed people have a criminal record. You risk putting people off from applying by asking on the application form. This approach shows a commitment to diversity and inclusion.
2. People from black and minority ethnic (BAME) groups are over-represented in the criminal justice system and race is a protected characteristic under the Equality Act 2010 – waiting until after conditional job offer helps to eliminate unlawful discrimination.
3. You only need to consider the criminal record of the person you decide is the best person for the job.
4. A risk assessment process at interview can take time. If you carry out one of these for everyone who disclosed at application, shortlist or interview stage, this would be quite a burden and take resources to properly consider.
5. Those that are carrying out the interview may not be the same people that need to make a HR-decision based on suitability.
6. It is the only option where you can be clear that a persons’ criminal record did not have a bearing on whether there were the best applicant based on their skills.

1. It can be a very difficult process to disclose a criminal record.
2. Disclosing to complete strangers, in a situation where you were never going to get the job anyway because of your skills/experience, is counter-productive.
3. Interviews are generally the time to put yourself across in the best positive light, and that’s difficult if you also have to talk about your criminal record. Many people prefer to disclose in person, but once they know whether they’ve got a good chance of getting the job.
4. It is the only option where the applicant can know why they didn’t get the job – whether it was because they were not the best candidate, or whether it was because of their criminal record.

• If it’s only to be discussed if they become a preferred candidate, it’s unclear why it shouldn’t be delayed until that point in the process.
• It is difficult to be clear to the applicant how their information will be dealt with and shared during the interview process, raising questions like “who knows?” and “should I mention it at interview or will they ask me?”.

• If there are clear legal or regulatory reasons why it is not possible for you to recruit people with certain criminal records. However, this could instead be made clear to applicants at the application stage, and/or as part of your policy on applicants with criminal records.

• Although we recommend a face to face disclosure discussion, an interview is already a nerve wracking time and adding more pressure may make it unnecessarily difficult.
• Interviews tend to be time-limited. Questions on disclosure draw away time from questions about skills and abilities.
• It is difficult to isolate a discussion about an applicant’s criminal record and ensure it doesn’t effect the judgement of the individual’s skills and abilities.
• the interviewer/s may not be responsible for making an offer. Disclosures should be received by those responsible for making an assessment. We have separate guidance available on how to ask, which covers both written and verbal disclosures.
• Staff managing the disclosure should receive training and guidance on conducting this discussion effectively.

• If an applicant wishes to put their past forward as a positive part of their application, the interview environment should encourage this, but not force individuals to disclose at interview.
• If you are unable to change your recruitment process and so, instead, you ask at the end of the interview, and only where you believe there is a strong possibility that you would like to offer the applicant a position.