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Will I Still be Able to Get a Job with a Criminal Record?

You may be surprised at what a high number of people in the UK have a criminal record. According to government figures, 1 in 6 UK people have a criminal record. Many of these crimes are what are termed minor offences and may be something like failing to pay parking fines. But having any form of criminal record can deter people from applying for jobs where a DBS Check is required in case this crops up and puts prospective employers off. This article explores whether you can still get a job when you have a criminal record:

Is Your Conviction Spent or Unspent?

Depending on what level DBS Check you have done, will determine whether your conviction shows on it. This will also depend on whether your conviction is spent or unspent. If you simply have a Basic DBS Check, spent convictions will not show on this; only unspent. However, spent, and unspent convictions will show on Standard and Enhanced DBS Checks (except for some old or minor offences known as ‘protected’ offences that may be filtered out.) If your job will involve working with children or vulnerable adults, then you are likely to need a Standard or Enhanced DBS Check. Some jobs such as ‘law’ or ‘accountancy’ where you hold a position of responsibility may need a Standard or Enhanced check too.

Convictions that are Spent

With time, some criminal records will be classed as ‘spent’ once the allocated time has passed. Spent convictions will not show on a Basic DBS Check.

Different convictions have different lengths of time that they require, until they are classed as spent. The more severe the crime, the longer they will take to be spent.

If for example you are given a fine, or a community order, then usually after a year these will be spent. If you are sentenced to prison for up to six months, usually two years after the prison sentence the crime will be spent. If you receive a prison sentence of 6 to 30 months, then usually four years after the prison sentence the crime will be spent. If you receive a sentence of 30 months to 4 years, then usually seven years after the prison sentence the crime will be spent.

Convictions that are Unspent

If you have an unspent conviction, you legally need to disclose this to prospective employers; and they will appear on every level of DBS Checks, including a Basic DBS Check. It is good advice to be upfront and honest with employers, rather than trying to conceal your conviction, because if you lie and are found out, this will typically result in dismissal.

 

Will a Criminal Conviction Be Viewed Negatively by Prospective Employers?

It will depend upon what your crime was, how long ago it was, and the attitude of your prospective employer to some extent. Some employers actively try to encourage ex-offenders back into the workforce. If you previously had a drink-driving conviction and were applying for a job as a driver, the conviction may be held against you.

General advice would be to be upfront and honest with prospective employers about past crimes and let them know that you learned from past crimes and have endeavoured to be an upstanding citizen ever since.

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