RECRUITMENT - 07.10.2020

Criminal records reform to support ex-offenders into work

The government has announced new legislation to reduce the time it takes for certain criminal convictions to become “spent”. What does this mean in practice?

Rationale for proposal

The proposal to reduce the rehabilitation periods in England and Wales is aimed at helping reformed offenders to find a job (see Follow up ). Job applicants must disclose “unspent” convictions on request, and so the longer it takes for a conviction to become “spent” , the longer it needs to be disclosed for.

New rehabilitation periods

Custodial sentences of up to one year will become spent after one year, instead of the current two years, and custody of between one and four years will become spent after four years, instead of either four or seven years. Custody of more than four years must currently be disclosed for the rest of the offender’s life, but the changes mean this will become spent after seven years. The rehab periods for those under 18 are half those of adults. It’s not yet known when the changes will take effect, but they won’t apply to those convicted of serious sexual, violent or terrorist offences and those in sensitive roles.

Pro advice. Anyone who re-offends during their rehab period must disclose both offences for the duration of whichever rehab period is longer.

Government press release

Unless it’s a sensitive role, it means you could unknowingly recruit someone who has a more recent criminal record than is currently the case.

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