Asking about someone's criminal history

If you decide it’s relevant to know whether a potential new staff member or volunteer has a criminal record, plus 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
• this doesn’t include a subject access request (which is designed to find out any information the police hold about them). You cannot ask this as part of the criminal history check.

• The Disclosure and Barring Service has a downloadable example policy on recruiting ex-offenders.
• Unlock has guidance on asking about criminal records.
• To understand ‘spent’ convictions, read GOV.UK's information on rehabilitation periods.
• The Information Commissioner's Office has information about subject access requests (pdf) and why you’re not allowed to use them.
• If you work with children, NSPCC Learning has example self-disclosure forms to use as part of your recruitment process.
• Unlock also has templates for different types of self-disclosure forms that you can use with staff and volunteers.