Use of criminal offence data for employment and education | Nacro *

Use of criminal offence data for employment and education

Ban the box: Data protection and the use of criminal offence data for employment and education purposes.

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Background

The Rehabilitation of Offenders Act (ROA) allows most convictions and all cautions, reprimands and final warnings to be considered spent after a certain period. This period – known as the rehabilitation period – is determined by the sentence or disposal given, rather than by the type of offence. The ROA gives people with spent convictions, cautions, reprimands and final warnings the legal right not to disclose them when applying for most jobs and courses.

Most jobs and courses are covered by the ROA, but some are exempt. If a person applies for a job or course that is exempt from the ROA, the organisation is entitled to request details of spent and unspent convictions, cautions, reprimands and final warnings that are not protected. It is then entitled to take this information into account when determining the person’s suitability for the role.

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Discover our Employer Advice Service

If you’re an employer looking for advice about employing people with a criminal record, asking about a criminal record, carrying out a criminal record check or risk assessing a person with a criminal record, our Employer Advice Service provides confidential advice and guidance on criminal record related issues.

We provide free, accessible guides and expert consultation and training for businesses across the UK. We deliver training and consultancy across England and Wales and have clients which include West London NHS Trust, Housing Group Plus, Birmingham City Council, Maximum UK, Middlesborough College, Girlguiding, Dorset NHS Trust, and St Mungos to name a few.

To find out more, see our Employer Advice Service information.