Why this matters commercially
Employers who assess applicants on capability reach a larger pool, fill hard-to-recruit roles faster, and often see better retention. Narrowing a shortlist by a criminal record rather than by relevance to the role removes capable people for no gain.
The legal picture, in outline
This is general information, not legal advice, and the detail differs across the UK.
- Under the Rehabilitation of Offenders Act 1974, most convictions become spent after a rehabilitation period. For most roles, a spent conviction does not have to be disclosed and you must not refuse someone because of one.
- Some roles are excepted from that protection, and are eligible for a higher level of check. The exceptions are specific. A role is not excepted because it feels sensitive.
- Some old and minor cautions and convictions are filtered and will not appear even on a standard or enhanced certificate. You must not ask about filtered matters, and must not take them into account if you learn of them.
- Scotland and Northern Ireland have their own regimes and their own checking bodies.
What we will not let you do
The platform blocks requests for a level of check the role is not eligible for, does not let you search candidates by offence, and does not show you spent or filtered information.
Carrying out an individual assessment
Where a record is lawfully relevant, consider and record:
- what the offence actually was;
- how relevant it is to the duties of this role;
- how long ago it happened, and the person's age at the time;
- the sentence or disposal, and whether it is complete;
- the pattern — a single matter or a repeated one;
- what the person has done since: work, training, references, rehabilitation;
- what safeguards the role already has — supervision, systems, working arrangements;
- the candidate's own explanation.
Then decide, and record your reasoning. If you decline the candidate, tell them why and give them a chance to respond. The platform keeps that record for you.
Practical things that make the difference
- Say plainly in the advert that you consider applicants with criminal records.
- Separate "essential" from "nice to have", and say when experience is accepted instead of a certificate.
- Offer the training the role needs rather than requiring it up front.
- Be flexible about a first pay date, a bank account, or documents still being replaced.
- Provide work clothing or equipment where you can.