Criminal records can be hidden from employers

Under changes announced by the Home Office offenders guilty of minor crimes will have them wiped from their records to stop them being denied jobs courtesy of "spent" convictions

 

Coming into effect on 28th November the change will mean that the Government "disclosure and barring service" would not automatically reveal minor assaults, thefts or drug possession to employers.

 

Under the current rules convictions for more than one minor offence including theft without violence, common assault without injury, drug possession, being drunk and disorderly, and motoring offences... have to be disclosed to prospective employers for the rest of their lives.

 

A requirement to reveal childhood reprimands or cautions will also be scrapped.

 

Other more serious offences will be unaffected by the change and will not be able to be "filtered" or become "spent" for standard and enhanced checks. These include assault causing bodily harm, sexual offences, supplying drugs and robbery, as well as any offence involving a suspended jail term or prison sentence.

 

Unlock, a charity which campaigns for reform, cited the case of a 30-year-old woman who had two convictions, for stealing a 99p book and failing to turn up to court, could then not get a job as a teacher.

 

Co-director of Unlock, Christopher Stacey, said: "For people who have been held back from employment and volunteering to help others because of mistakes they made years ago, the impact will be life changing. The changes coming in are a crucial first step towards achieving a fair system that takes a more balanced approach towards disclosing criminal records."

 

It is estimated that the change could free 45,000 people from disclosure in "standard" checks for jobs in professions like law, and "enhanced" alerts for posts involving work with children or vulnerable adults such as teaching, social work or youth work. About 4.25 million enhanced and standard checks are conducted every year.

 

The Ministry of Justice's white paper on sentencing has proposed reducing the length of time in which they are required to disclose certain convictions for non-sensitive roles. A Home Office minister, Victoria Atkins said: "These adjustments will ensure that those who have turned their lives around or live with the stigma of convictions from their youth are not held back."

 

However, the changes are not without opposition. A victims' campaigner said: "A potential employer may well decide to disregard an isolated case of shoplifting when a candidate was 14, but it is right that this group of employers should be given full information. If it is withheld from them, they can't fully protect their clients."

 

 

The Johnson Partnership

Derby Crime Solicitors