New Changes to Reporting Spent Convictions in the UK

To make it easier in the U.K. for potential employees with criminal records to rejoin the workforce, changes made last year to the Police, Crime, Sentencing and Courts Act 2022 shorten the period when certain convictions need to be reported in criminal background checks for employers.

“The changes that came in in October reduced the period for which some convictions are unspent,” meaning the person is still in rehabilitation for the conviction or it is staying on their criminal record, said Mike Hibberd, legal director at Doyle Clayton Solicitors in Reading, England. “It means a basic check would reveal fewer previous criminal records or criminal offenses, as spent convictions”—those that have been removed from someone’s record—“are not revealed in such searches.”

What Are the Changes?

While for certain categories of offenses, including sexual, violent or terrorist crimes, there is no change, for most other categories, the time before a conviction is spent and no longer needs to appear on a criminal background check is reduced. Sentences of one year or less become spent one year after the sentence term, reduced from two to four years; while sentences of one to four years become spent four years after the sentence term and sentences of more than four years become spent after seven years. This means that after the proscribed amount of time, criminal offenses will no longer appear on basic criminal background checks.

“The government said that these changes will mean that over 120,000 former offenders will find it easier to get work and turn their lives away from crime,” said Amy Treppass, an attorney with Reed Smith in London. “The requirement to disclose unspent convictions can often be a significant barrier to offenders rebuilding their lives, as they may struggle to get back into employment.”

Employers Should Take Note

Employers should be aware of how the changes fit into the pre-existing rules about criminal background checks. Not all roles require criminal background checks, and they can’t be required for many professional roles. An employer in the U.K. cannot force someone to undergo a criminal record check, so for the basic background check, the employee submits their application to the government’s Disclosure and Barring Service.

As the changes come into effect, employers should ensure recruitment paperwork, background check systems and the disclosure of criminal records are updated to be compliant. Employers “should also ensure their recruitment teams are aware of the changes,” Treppass said.

Points for Employers to Consider

Employers should also consider how to weigh prior convictions in the hiring process as they come up. While less information will be disclosed under the new changes, some convictions will still show up in record checks. Employers should consider the following when they are thinking of hiring someone with previous convictions: whether the conviction is relevant to the role in question, the seriousness of the offense, the length of time since the offense was committed, whether there is a pattern of offending, whether the applicant’s circumstances have changed since the offense was committed and any explanation offered by the individual regarding their conviction, Treppass said.

If a spent criminal conviction comes to an employer’s attention after the employee has been hired, there are other points to consider. “[Employers] have to assess whether the new information is relevant to the individual in that role,” Hibberd said. “Does it prevent them from doing that role? Does it make them unsuitable to do that role? For example, does it make them a risk to members of the public they interact with? Or are there elements of the job where that conviction, if it had been disclosed, would have been material in whether to offer the job in the first place?”

It’s also important to remember that criminal background checks are only one piece of evaluating whether a potential employee would be a suitable choice. “Employers can also undertake other checks, such as obtaining references and checking an applicant’s qualifications,” Treppass said. “In addition, employers should effectively use probationary periods to assess an individual’s capability for the role and evaluate their actual performance against a detailed job description.”

Katie Nadworny is a freelance writer in Istanbul.