When you are applying for a job, most criminal convictions do not have to be declared after a certain time; they are considered to be 'spent'. This is called the rehabilitation period, and its length is depen-dent on the offence and the sentence received.
People aged 17 or over when convicted, who are given a sentence of more than six months but less than two and a half years have a rehabilitation period of ten years. Those under 17 at the time of the conviction would be given a five-year rehabilitation period. Over 17-year-olds who are given prison sentences of six months or less would have rehabilitation periods of seven years and those under 17 at the time of conviction would have to wait three and a half years before they could state that they had no criminal record. There are shorter rehabilitation periods for offences which incur fines, community services orders, probation, supervision or care orders. The rehabilitation period is calculated from the date of conviction. After this period, in most cases, provided your sentence was not more than two and a half years, you do not need to tell an employer about it even if you are asked.
If you have a criminal record which is not yet spent, you have to declare it only if you are asked. However, it is always worth spending time thinking about how to tackle this question if it arises.
When you apply for a job you need to present yourself in the most positive way you can. The best way to handle questions about previous convictions is to give a clear, straightforward description of the offence with dates and a description of the sentence you received. Then reassure the interviewer by giving him good reasons why he shouldn't dwell too deeply on this aspect of your history. The factors which led you to commit the offence may no longer apply, perhaps it was a minor offence, a one-off incident or perhaps you were simply young and foolish. You may also be able to tell the interviewer that you have since developed a more positive side to your character.
When applying for a job, there are four occasions when you may be asked about previous convictions. Some application forms ask for details of criminal convictions. The best advice here is to write 'see letter enclosed', and give a short description of your offence in a letter to the employer. Include in your letter reasons why the employer shouldn't be put off by your record. Seal the letter in an envelope and mark it 'Confidential', for the attention of the manager or personnel officer responsible for recruiting to this post.
Application forms also usually ask you to describe your employment history. This can be difficult if you have spent time in prison. Here, you could write 'Unavailable for work', or 'Not in employment'. Once again, an enclosed 'Confidential' letter could be included. In this way, you ensure that the application form puts in you a positive light and that you have the chance to explain the situation fully in your enclosed letter.
At interview, an employer who doesn't know of your past may ask you about previous convictions. This is often a general question and some interviewers could be shocked by your unexpected disclosure. If you feel that the interview is the best place for you to disclose your convictions, it may be worth telling your interviewer that you have something of a personal nature to discuss with him. He won't know what it is but at least he'll be ready to discuss something slightly out of the ordinary. Before the interview, rehearse what you intend to say and make sure that you promote the positive aspects of your life since the offence was committed.
Some people prefer not to disclose information until they are offered the job. This is a risky strategy. The employer will almost certainly be taken aback. If he makes the offer of employment subject to references, however, and you feel that his enquiries may lead him to discover your convictions, it is better that he hears the truth from you rather than anyone else. If you avoid telling him until you take up employment, his reaction could be unpredictable. He may feel cheated and look for ways of dismissing you. Declaring convictions at this stage carries a high level of risk. If you've come so far and he hasn't asked you about previous convictions it may be better not to raise the matter. After all, if he doesn't ask, you needn't tell him.
There are some jobs to which the Rehabilitation of Offenders Act does not apply. When applying for jobs which are excepted from the Act, you must declare all criminal convictions no matter how old they are. Your statement is often tested by a police check. Jobs which are excepted include:
- Those, paid or voluntary, in which there would be substantial access to people under the age of 18.
- Professions which have legal protection such as lawyers, doctors, dentists, nurses and chemists.
- Jobs where national security may be at risk, such as some civil service posts, defense contractors and sensitive jobs within the BBC, British Telecom or the Post Office. Application forms for excepted posts are usually clearly marked.
The National Association for the Care and Resettlement of Offenders (NACRO), 169 Clapham Road, London SW9 OPU; 0171-582 6500.
