Criminal records and work
What you have to say, what you do not, and which checks a job can actually ask for. Nothing here is recorded about you, and you do not need an account to read it.
The short version
- Most convictions become spent after a set period. Once a conviction is spent, for most jobs you do not have to mention it and an employer must not refuse you because of it.
- Some jobs are excepted — mostly those involving children, vulnerable adults, healthcare, security, finance and the law. For those, more can be asked.
- Old and minor matters are filtered and do not appear on a certificate at all. An employer must not ask about them or take them into account.
- A charge, an allegation, an arrest that went nowhere and an acquittal are not convictions. For most jobs you do not have to mention any of them.
- You never have to tell us anything about a record to use this site.
How long until a conviction is spent?
It depends on the sentence, not the offence, and it usually runs from the end of the sentence rather than the date of conviction. These are the periods we hold for England:
| Sentence or disposal | If you were 18 or over | If you were under 18 |
|---|---|---|
| 1 year or less | 1 year | 6 months |
| Over 1 year and up to 4 years | 4 years | 2 years |
| More than 4 years | Depends on the details | Depends on the details |
| Suspended sentence of 1 year or less | 1 year | 6 months |
| Suspended sentence over 1 year and up to 4 years | 4 years | 2 years |
| Community order or youth rehabilitation order | Spent straight away | Spent straight away |
| Fine | 1 year | 6 months |
| Conditional discharge | Spent straight away | Spent straight away |
| Absolute discharge | Spent straight away | Spent straight away |
| Simple caution | Spent straight away | Spent straight away |
| Conditional caution | 3 months | 3 months |
| Youth caution | Spent straight away | Spent straight away |
| Compensation order | Depends on the details | Depends on the details |
Which check can a job ask for?
Not every job can ask for every check. These are the kinds of role we recognise and the highest level each is normally eligible for in England:
An ordinary role with no special exception
Most roles are not excepted. Only a basic check is normally available, and spent convictions do not have to be disclosed.
For example: Warehouse operative, Driver, Retail assistant, Cleaner, Kitchen porter, Administrator
Regulated activity with children
Roles in regulated activity with children are excepted and may be eligible for an enhanced check with the children's barred list. Confirm the role meets the statutory definition of regulated activity.
For example: Teacher, Teaching assistant, Childminder, Youth worker, Children's home worker
Regulated activity with adults who need care or support
Roles in regulated activity with adults may be eligible for an enhanced check with the adults' barred list. Confirm the role meets the statutory definition.
For example: Care assistant, Support worker, Personal assistant providing personal care
Working with children, but not regulated activity
Some roles involving children are eligible for an enhanced check but NOT a barred-list check. A barred-list check is only lawful where the role is regulated activity.
For example: Occasional volunteer supervised at all times, Some sports coaching roles
Healthcare role
Many healthcare roles are excepted. Whether a barred-list check applies depends on whether the role is regulated activity.
For example: Healthcare assistant, Pharmacy technician, Hospital porter with patient contact
Security role requiring an SIA licence
SIA-licensable roles are excepted. The SIA runs its own criminality check as part of licensing.
For example: Door supervisor, Security guard, CCTV operator
Regulated financial services role
Certain financial-services roles are excepted, particularly where approval or certification applies.
For example: Roles requiring FCA approval, Some accountancy roles
Legal or court-related role
Several legal roles are listed in the exceptions order.
For example: Solicitor, Barrister, Legal executive, Court officer
Taxi or private-hire driver
Licensing authorities normally require an enhanced check for taxi and private-hire drivers.
For example: Taxi driver, Private-hire driver
Prison, police or approved-premises role
These roles are excepted and are normally eligible for an enhanced check.
For example: Prison officer, Police staff, Approved-premises worker
Licensed gambling role
Certain gambling roles are excepted under the exceptions order.
For example: Casino staff, Betting shop manager
Work in a private home with vulnerable people present
Whether this is regulated activity depends on what the worker actually does and how often. Check carefully.
For example: Domiciliary cleaner where care is also provided, Home maintenance in supported housing
What an employer must not do
- Ask for a higher level of check than the role is eligible for.
- Ask about a spent conviction where the job is not excepted.
- Ask about, or take into account, anything that has been filtered.
- Refuse you automatically because of an offence category, without looking at your situation.
If one of them does, tell us. We investigate, and we can suspend an employer.
Talking about it at interview
If a record is lawfully relevant, most employers want three things: that you are straight with them, that you can explain what has changed, and that you can do the job. Short, factual and forward-looking works better than a long explanation. We can practise it with you — ask for interview coaching on your action plan.