Criminal records

If you decide it’s relevant to know whether a new staff member or volunteer has a criminal record and the details of it, remember that:

• they don’t have to volunteer any information unless you ask for it
• they should only be asked once they've met other recruitment criteria and after you’ve made them a conditional offer (but before they start in the role)
• you can use a criminal record self-disclosure form so that people understand how to answer
• most convictions and all reprimands, cautions and warnings are considered ‘spent’ after a period of time, and in most cases people have a legal right not to disclose them
• you should have a policy in place for the recruitment of ex-offenders.

If you find out someone has a criminal record, either because they tell you or it's on their DBS check, you should conduct a risk assessment.

This should focus on whether their offences make them unsuitable for their role and/or what measures could be put in place to still enable them to do their role safely.

You shouldn’t discriminate unfairly against people with a criminal record.

Things to think about

When hiring someone with a criminal record, think about:

• what are the offences and how serious are they?
• what were the circumstances of it?
• how relevant are the offences to the role?
• what are the risks to people who will be in contact with them?
• how long ago was the offence, and how old were they?
• was this a one-off or is there a pattern of re-offending?
• what were the circumstances of the person at the time of the criminal offence and now?

Read the GOV.UK guidance on recruitment of ex-offenders.

• For guidance on risk assessments for any role, read Nacro's guide to recruiting safely and fairly.
• View Unlock's practical guidance on recruiting people with criminal records.
• If you work with children, NSPCC Learning has example self-disclosure forms to use as part of your recruitment process.