Criminal convictions declaration guidance for applicants (non-exempt role)
This role is not exempt from the Rehabilitation of Offenders Act 1974. We only ask applicants to disclose convictions which are not yet spent under the Rehabilitation of Offenders Act 1974.
When we assess your character and suitability for any such appointment, it is legally permitted we ask for and consider any information relating to:
- unspent (current) convictions
- police cautions, final warnings or reprimands which are not protected (or filtered out) by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013.
You are not legally obliged to declare any convictions or cautions which are protected or have become spent (old) under the Exceptions Order. We will not ask for or consider any such information as part of our recruitment process. Before completing this page, it will be important for you to read the useful guidance section below which provides additional advice about the type of criminal history information you must declare.
Where relevant to the role, we will also ask you to provide any information about any investigations and/or formal action taken against you by a regulatory or licensing body which may have had an impact on your professional registration and/or fitness to practise in your chosen profession. Any information you declare when completing this page will be verified by undertaking a follow-up check with the relevant body.
You can view our Policy for employment of persons with Criminal Convictions.
A person's criminal record may not debar that person from being appointed to this role. Suitable applicants will not be refused roles because of offences which do not make them a risk in the role applied for.
All cases will be examined on an individual basis and will take the following into consideration:
- whether the conviction is relevant to the position applied for
- the relevance, nature, and seriousness of the offence in relation to the role
- the age of the applicant at the time of the offence(s)
- the length of time since the offence(s) occurred
- whether the applicant has a pattern of offending behaviour
- the circumstances surrounding the offence(s) and the explanation(s) offered by the person concerned
- whether the applicant's circumstances have changed since the offending behaviour
Unlock is a charity body that provides information and advice to individuals to help them gain a greater understanding about the type of information employers are likely to seek about their criminal history. It also provides information about which convictions and cautions are protected under the Exceptions Order (for example, will never be disclosed as part of a DBS check and do not need to be declared when completing this page) and your rights.
There is also an easy to use disclosure calculator which will help identify any current unspent convictions and cautions that must be declared when completing the this page.
It is important that applicants understand that failure to disclose all unspent convictions could result in disciplinary proceedings or dismissal.