Criminals at Work

Criminals at Work

Do you know how many people of working age have a criminal record for something more serious than a motoring offence?

Probably not, because when offenders apply for jobs, they don’t always disclose their convictions in case it prevents them getting work. Many offenders have tried to use agencies as the first step back into employment but found that like some employers, some agencies won’t take anyone with a criminal record or in other cases anyone with an ‘unspent’conviction. These exclusions of offenders will rule out a significant part of the workforce who could be productive employees.

To improve their chances, offenders who really want to work, as many do, will not disclose their convictions.

There are many reasons why employers and agencies do not consider employing offenders even if they are suitably qualified and experienced. Employers are concerned about the reputation of the company, security of property and safety of staff. Or it could be due to a  personal experience or lack of confidence and knowledge of working with offenders. However, in reality, employers may already have offenders working for them but don’t always know it.

Approximately 25% of people of working age have a criminal record for something more serious than a driving offence. Certain employment e.g working with children or vulnerable adults, excludes offenders with particular types of offence. Therefore this could increase the percentage of offenders working in other areas of employment.

But what does all this mean? What are the rules? What is a ‘unspent’ and an ‘spent’ conviction? When should an offender disclose their conviction? Where can you get help and advice?
The law covering this is (ROA)The Rehabilitation of Offenders Act 1974 (amended 1995).

A conviction is ‘unspent’ for a given length of time after the date of the conviction and this length of time is known as the rehabilitation period. The length of the rehabilitation period varies from months to forever, depending on the age of the offender and the type and length of the sentence. (See table for full details) During the rehabilitation period, a conviction is ‘unspent’ and an offender is required by law to disclose his/her offences when asked.

If, when asked an offender does not disclose ‘unspent’ offences, they are breaking the law. If an offender isn’t asked if they have any convictions, by law, they do not have to disclose their convictions even unspent ones.

At the end of the rehabilitation period, a conviction becomes ‘spent’ and normally would not need be disclosed. However, some jobs are exempt from the ROA, for example in schools, working with vulnerable people and within the Criminal Justice system. When applying for these positions, all convictions, even those which are ‘spent’ must be disclosed. For these jobs, applicants will also be checked through the Criminal Record Bureau. (CRB) which provides a certificate showing both ‘spent’ and ‘unspent’ convictions.

Most jobs will not be CRB checked and so an employer may never know if an employee has not dislosed ‘unspent’  conviction.

Why are some convictions ‘never spent’?
When someone is given a custodial sentence of more than 30 months, it is never spent and the offender always has to disclose the conviction.

Suppose an 19 year old offender is given a 36 month custodial sentence; if not released early ‘on parole’ they will be 22 years old when released. Even if that person never re-offends, because the conviction is never spent, for the rest of their life they are excluded from applying for certain jobs with employers and agencies who will not consider any applicant with an unspent conviction.

The practice of not recruiting offenders fosters a culture where offenders do not disclose and this can also penalise those who do. For example, imagine you have two applications for a position which is not exempted from the Rehabilitation of Offenders Act. Both applicants are similar in every way except one of them declares they have a conviction giving no details but stating they will discuss it at interview. Which of the two applicants are you most likely to short list? If it would be the one who hasn’t declared a criminal conviction you are assuming that the applicant is being truthful and of course that may be the case, but equally so, it may not.  You know  the applicant who has disclosed is being honest and is prepared to be open about their past.

Being an employer is a responsible position. Every person that you recruit needs to be an asset to your business, the best person for the job. What happens if that person happens to have a criminal record?

Suddenly, things don’t look quite so clear cut and this can raise many questions and issues for employers. Click here for our frequently asked questions.

Your local probation office has staff who specialise in employment issues and they will be pleased to talk to you and assist you in any way possible. NOMS (National Offenders Management Service) combines the prisons, probation and partners and has the lead responsibility for reducing re-offending. Their Corporate Alliance brings together employers from the public, private and voluntary and community sectors and others with skills in the business world, to find ways of of increasing the number of offenders in employment.

What are the positive aspects of considering employing an offender?
As an employer you are greatly increasing your access to a valuable source of skills, experience and determination.

You are also playing a responsible part in the effects on society as:

• an offender is 30% – 50 % less likely to re-offend if they are in employment
• they are less likely to cause disruption and harm in the community
• they contribute to the economy rather than taking from it (the financial cost to take a re-offender to court is £65,000 and the first  year in prison and additional £37,000)
• the individual has an opportunity to develop their self respect and confidence 
• it demonstrates a companys commitment to policies of equality, social inclusion and diversity

The Managing Director of a Nottingham promotions company said:
‘After taking on two employees with convictions, I find them to be both trustworthy and loyal members of our team. Both have become valuable assets to the company’.
An Area Manager of a national catering company told us:
‘I wish every member of staff was as hard working. Let me know if you have anyone else.’

These are just two success stories.
In Nottinghamshire alone in the last year, with the probation services support to employers and offenders, while under probation service supervision
556 offenders gained employment.
Across the country there are thousands more success stories but as in every aspect of life, usually you only hear about the negative experiences.

If you would like to know more, to ask any questions or discuss your issues, ask your local Probation Service or contact
Wendy Moore
Employer Engagement Advisor
0115 845 5115
0792 193 4080