Guide for people with a criminal record
Finding a job with a criminal record can feel challenging. This guide explains:
If you’d like to talk confidentially and impartially about your situation, contact the Careers and Employability Service: careers@port.ac.uk.
What the law says about criminal convictions
The Rehabilitation of Offenders Act (ROA) allows most convictions and all cautions, reprimands and final warnings to be considered ‘spent’ after a set period.
Once your conviction is spent, you do not need to disclose it for most jobs, courses or insurance.
The time it takes for a conviction to become spent depends on the sentence, not the type of offence.
Exceptions to the ROA
Some jobs are not covered by the ROA. This means employers can ask about both spent and unspent convictions.
These roles often involve working with vulnerable people or positions of trust, for example:
- working with children or vulnerable adults
- legal professionals (e.g. solicitors, barristers)
- accountants
- veterinary surgeons
- nurses or midwives
Unlock has an A-Z list of roles that are eligible for basic, standard and enhanced criminal record checks.
Further information on exceptions can be found on Nacro and the Government website.
Job searching with a criminal record
Your approach will depend on:
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whether your conviction is spent or unspent
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the type of work you’re applying for
Check an employer's policy on criminal records — often found on their website in the recruitment section.
Use our guide to researching an employer to help.
You can also contact our Careers team for one-to-one advice: careers@port.ac.uk.
Disclosing your criminal record
You only need to disclose your criminal record if:
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your conviction is unspent
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an employer asks you to
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the role requires a criminal record check
When to disclose
Disclose your conviction at the stage of the application process where you are asked for a declaration. Do not put this information on your CV. Your CV should focus on your skills, experience and suitability for the job.
You provide a written statement with your application or discuss it at an interview, but we recommend preparing what you will say ahead of time.
See our guidance below on when to disclose your criminal record to an employer
The benefit of providing a written statement is that it allows you to talk about your conviction on your own terms and prepares you for what you may want to say if you get a job interview.
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Be genuine - Try to put yourself in the shoes of the employer who is making a judgement about the information you’re providing. Accurately provide a reflection of your circumstances and attitudes, and emphasise that you are no longer at risk of offending. For example, if personal problems contributed to the reasons behind your offence(s), it might be worth stating that these problems are now resolved and your circumstances are now very different. You could even provide a positive character reference to strengthen your statement. If highlighting any mitigating circumstances that contributed towards your offence, you should avoid disowning yourself of responsibility for what happened.
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Relate what you say to the job for which you are applying - Start your statement with something positive, such as why you’re applying, and the skills and experiences you have that are relevant to the role.
You might be better at explaining things verbally rather than in writing, although it is important to also have a written statement to provide as well. If disclosing verbally, you should prepare beforehand what you are going to say. This will help you explain things more clearly and also ensure that your written statement aligns with your verbal disclosure, particularly thinking about legalities.
If this is the first stage of disclosure and the employer isn’t already aware, preparing what you will say, how and when, will be particularly important. Highlight your strengths and positives at the beginning of the interview and avoid presenting your conviction as something that would cause a problem in the future. You could consider advising them in advance of the interview that you would like to discuss something of a personal nature that you would like to discuss at the end of the interview.
At the end of the interview, you can provide the panel a copy of your written statement to keep with your application to support your verbal statement, or even as an alternative of a verbal disclosure. This will also act as having evidence that you disclosed your criminal record. Final decisions made about recruitment may need to be made by the HR team following a DBS check.
Nacro has a Criminal Record Support Service with any questions you might have about disclosing to an employer, such as helping you prepare what to say or write, and providing feedback on draft statements.
Understanding your rights
- Many organisations employ people with a criminal record. Changes to the DBS Regime mean that some older convictions are filtered so they will not be disclosed on standard or enhanced DBS checks
- Many employers will deal with criminal records on a case-by-case basis, so even if your criminal conviction is unspent, you may still be considered for a role.
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If an employer doesn’t ask about criminal records, you are not legally required to disclose unspent convictions.
- It is unlawful for an employer to subject you to any prejudice because of a conviction if it is spent, for jobs that are protected by the ROA. In practice, this should not arise very often as it would be difficult for an employer to discover a spent conviction without any kind of DBS check. You should seek legal advice if you believe that you have experienced unfair or unlawful treatment during the application process, during employment, or if you have experienced unfair dismissal due to a spent conviction. You can find more detailed information about your employment rights with spent or unspent convictions on Unlock’s website.
Support and advice
These organisations offer help with job searching, disclosure and criminal record advice:
- Nacro - supports people through their housing, justice, and education services- provides further details about the length of spent cautions and convictions.
- Apex Trust - offers advice and guidance to people who have experienced difficult lives as a result of their personal circumstances and integrate them back into society and work.
- Unlock - an independent advocacy charity that provides advice on employment issues and barriers to those with criminal convictions.
- Motiv8 - supports young people and their families who are at risk of offending and anti-social behaviour in the Hampshire area.
We're here for you
If you need confidential, impartial advice about finding work with a criminal record, contact:
Careers and Employability Service
Email: careers@port.ac.uk
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