We are often asked whether a client has to tell their employer or a prospective employer about their conviction or caution. It is natural to want to limit the effect of a run-in with the authorities on one’s professional life.

Whether you have to tell employers about your criminal record depends on whether the items on the record are ‘spent’ and the type of role you are seeking, together with the terms within your employment contract.

Convictions and cautions are together known as ‘disposals’.

What is a ‘spent’ record?

If convicted or given a caution, a record of this will be made on the police database until you reach the age of 100 years. You will usually also have to disclose the conviction to employers for a period proportional to the severity of the crime. After this period, the obligation to disclose is ‘spent’, meaning you do not have to inform prospective employers of your criminal disposals.

What is an ‘unspent’ record?

The opposite of a ‘spent’ record is an ‘unspent’ record. If a conviction is ‘unspent’, you must disclose it if asked.

When do I have to disclose my convictions?

Use the government tool to see if you need to disclose your conviction: https://check-when-to-disclose-caution-conviction.service.gov.uk/steps/check/kind

Failing to declare your convictions can have serious consequences. You may lose your job or even face prosecution for fraud.

For how long do I have to disclose my offending?

The period for a disposal to become spent can vary according to your age at the date of offending.

A simple caution, issued for low level offending, is ‘spent’ immediately. On the other hand, a life sentence for murder is never spent. While a murderer may be released from prison on license, their sentence is for life and therefore cannot be spent.

Some roles require candidates to complete a Disclosure and Barring Service (DBS) check. There are three types of DBS check. In ascending order of stringency, there are:

• Basic;
• Standard;
• Enhanced.

A spent conviction or caution will not appear on a basic DBS check but will appear on standard or enhanced DBS checks. Requiring a standard or enhanced DBS check for a role is uncommon. 

Will a conviction limit my chances of employment?

Though convictions can be looked upon negatively by employers, having a conviction will not make someone unemployable. If you are concerned about the effect of a conviction on your professional life, we recommend you seek immediate legal advice from an experienced practitioner.

How can I hire a lawyer?

At ABV we have a dedicated team with a wealth of experience defending those accused of criminal offences. Should you face any investigation, it is critical that you take immediate legal advice so you can benefit from the best possible defence. If proceedings are already underway, instructing a lawyer is still the best course of action.

Please call ABV Solicitors on 0344 587 9996 to speak to our specialists. We accept clients on both a private and a legal aid basis.