Criminal convictions declaration guidance for applicants (exempt role)
The position you have applied for is exempt from the Rehabilitation of Offenders Act 1974 (as amended in England and Wales).
When we assess your character and suitability for any such appointment, we are legally permitted to ask for and consider any information relating to:
- unspent (current) and spent (old) criminal convictions
- police cautions, final warnings or reprimands which are not protected (or filtered out) by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013
You are not legally obliged to declare any convictions or cautions which are protected under the Exceptions Order. We will not ask for or consider any such information as part of our recruitment process. Before completing this form, it will be important for you to read the useful guidance section below which provides additional advice about the type of criminal history information you must declare.
Where relevant to the role, we may also ask you to provide any information about any investigations and/or formal action taken against you by a regulatory or licencing body which may have had an impact on your professional registration and/or fitness to practise in your chosen profession. Any information you declare when completing this form will be verified by undertaking a follow-up check with the relevant body. We will also carry out a standard or enhanced disclosure through the Disclosure and Barring Services (known as a DBS check).
Enhanced disclosures may also include other non-conviction information which may be held on central police databases, where this is regarded as relevant to the position you are applying for. If the position has, in addition, been identified as a 'regulated activity' under the Safeguarding Vulnerable Groups Act 2006 (as amended by the Protection of Freedom's Act 2012), the enhanced disclosure will also include any information that may be held about you on the children's and/or adults barred list(s).
You can view our Policy for employment of persons with Criminal Convictions.
A person's criminal record may not debar that person from being appointed to this role. Suitable applicants will not be refused roles because of offences which do not make them a risk in the role applied for. All cases will be examined on an individual basis and the following will be taken into consideration:
- whether the conviction is relevant to the position applied for
- the relevance, nature, and seriousness of the offence in relation to the role
- the age of the applicant at the time of the offence(s)
- the length of time since the offence(s) occurred
- whether the applicant has a pattern of offending behaviour
- the circumstances surrounding the offence(s) and the explanation(s) offered by the person concerned
- whether the applicant's circumstances have changed since the offending behaviour
Unlock is a charity body that provides information and advice to individuals to help them gain a greater understanding about the type of information employers are likely to seek about their criminal history. It also provides information about which convictions and cautions are protected under the Exceptions Order (for example, will never be disclosed as part of a DBS check and do not need to be declared when completing this form) and your rights. There is also an easy to use disclosure calculator which will help identify any current unspent convictions and cautions that must be declared when completing the below questions.
It is important that applicants understand that failure to disclose all relevant convictions could result in disciplinary proceedings or dismissal.