Getting a job with a criminal conviction and removing links from search engines
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Have you ever felt that your past mistakes are standing in the way of a brighter future? For countless individuals with a criminal record, this unfair stigma looms large, especially when trying to turn over a new leaf and re-enter the workforce. Unfortunately, it’s not just a feeling – a 2016 YouGov study revealed that a staggering 50% of employers are hesitant to hire ex-offenders.
If you've served your time and completed rehabilitation, this guide will empower you to confidently navigate the job market. We will also introduce you to helpful legal tools, such as the Right to Be Forgotten (Right to Erasure), to remove information about your criminal conviction from search results. Doing so can enhance your employment prospects and move forward with your life. |
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In the UK, around 11 million people (roughly one in six) carry the label of 'criminal' or 'ex-offender’. If you're in this position and searching for work, here are key insights on what you need to disclose, your employment opportunities, and how removing online content about your conviction can improve your chances of success.
Spent vs Unspent Convictions
Understanding the crucial difference between 'spent' and ‘unspent’ convictions is the first step in navigating the job market with a criminal record. This knowledge will determine whether you are legally required to disclose your record to potential employers.
What Are Spent and Unspent Convictions?
Under the Rehabilitation of Offenders Act 1974 (ROA), most convictions (as well as all final warnings, reprimands, and cautions) are classified as ‘spent’ after a set period. This time frame varies depending on the type of sentence received – it could be immediate, a few months, or several years.
Once you have served this rehabilitation period, your conviction is considered ‘spent’, and you are not obligated to disclose it, although it will remain on the Police National Computer. This framework allows individuals to move on with their lives after a reasonable period.
Declaring Convictions for Employment
Understanding when and what you need to disclose about your criminal record is essential for navigating the job market. Here’s a breakdown of your legal obligations regarding sharing convictions with potential employers.
Do I Have to Declare Unspent Convictions When Applying for a Job?
If your conviction is currently ‘unspent’, and an employer asks about it, you must legally disclose it. Failure to do so is a criminal offence and could jeopardise your employment. While you don’t need to volunteer the information unless asked, it will appear on all DBS checks.
Do I Have to Declare Spent Convictions When Applying for a Job?
For most jobs, you are not required to disclose ‘spent’ convictions, and they won’t appear on basic DBS checks. However, specific roles, particularly those involving vulnerable individuals or positions of public trust, will require full disclosure of all cautions and convictions, even if they’re ‘spent’.
The employer may carry out a Standard or Enhanced DBS check in these cases. For transparency, it’s wise to inform the employer about any spent convictions so the information you provide aligns with what they will see on your DBS certificate.
Employment Opportunities for Individuals with Criminal Records
Having a criminal record should not be a barrier to finding employment and building a positive future. With shifting attitudes and many companies open to hiring individuals with criminal records, there are numerous opportunities available.
In fact, you can apply for any role with a criminal record as long as you are not on the:
Jobs You Can Do with a Criminal Record in the UK:
Many jobs do not demand a criminal record check, especially in the retail, construction, and technology sectors. A few examples include:
Jobs You Cannot Do with a Criminal Record in the UK:
Other jobs can be more challenging to obtain with a criminal record, even if your conviction is classified as ‘spent.’ These more sensitive roles are exempt from the Rehabilitation of Offenders Act, allowing employers to request full disclosure of your criminal history. Examples of these professions include:
Can I Be Denied a Job in the UK If I Have a Criminal Record?
Legally, an employer can’t refuse you a job if you have a criminal record unless:
Although unlawful, many employers may still turn down candidates with spent convictions. For example, the YouGov survey mentioned above discovered that 40% of employers worry that ex-offenders may damage their business’s public image, while 45% are concerned about their reliability.
How Can Someone Search for My Criminal Record Online?
The most common way employers can find out about your criminal record is by using the Disclosure Barring Service (DBS). However, even if a background check isn't requested, a simple online search of your name can reveal much about your past.
If there are articles or information online about your past offence, potential employers will likely come across them. With many employers being cautious about hiring individuals with a previous criminal record, this lingering online content could cast a shadow over your job search.
Can I Erase My Criminal Record from Search Engines?Yes, you can request the removal of links from Google and other search engines under the ‘Right to be Forgotten’ law. The Right to Be Forgotten (also known as The Right to Erasure’ allows you to request the removal of outdated or irrelevant private information from online platforms. This right is enshrined in Article 17 of the UK's General Data Protection Regulation (GDPR).
While you cannot erase information from official records, you can remove certain online content related to your criminal conviction, such as:
Trust Internet Erasure to Remove Links About Your Criminal Conviction
Internet Erasure’s team of privacy lawyers are experts in the Right to Be Forgotten, and our in-depth knowledge has allowed us to remove over 50,000 articles for over 900 clients. We’re also the only company operating in this area of law with an excellent Trustpilot rating.
To speak about your circumstances, please contact us for a free consultation by emailing [email protected], calling 020 3576 0356, or messaging via SMS or WhatsApp at 07565 130 116. Alternatively, submit a convenient online initial enquiry form. If we can assist you, we will do everything possible to accomplish the clean slate you deserve.
Spent vs Unspent Convictions
Understanding the crucial difference between 'spent' and ‘unspent’ convictions is the first step in navigating the job market with a criminal record. This knowledge will determine whether you are legally required to disclose your record to potential employers.
What Are Spent and Unspent Convictions?
Under the Rehabilitation of Offenders Act 1974 (ROA), most convictions (as well as all final warnings, reprimands, and cautions) are classified as ‘spent’ after a set period. This time frame varies depending on the type of sentence received – it could be immediate, a few months, or several years.
Once you have served this rehabilitation period, your conviction is considered ‘spent’, and you are not obligated to disclose it, although it will remain on the Police National Computer. This framework allows individuals to move on with their lives after a reasonable period.
Declaring Convictions for Employment
Understanding when and what you need to disclose about your criminal record is essential for navigating the job market. Here’s a breakdown of your legal obligations regarding sharing convictions with potential employers.
Do I Have to Declare Unspent Convictions When Applying for a Job?
If your conviction is currently ‘unspent’, and an employer asks about it, you must legally disclose it. Failure to do so is a criminal offence and could jeopardise your employment. While you don’t need to volunteer the information unless asked, it will appear on all DBS checks.
Do I Have to Declare Spent Convictions When Applying for a Job?
For most jobs, you are not required to disclose ‘spent’ convictions, and they won’t appear on basic DBS checks. However, specific roles, particularly those involving vulnerable individuals or positions of public trust, will require full disclosure of all cautions and convictions, even if they’re ‘spent’.
The employer may carry out a Standard or Enhanced DBS check in these cases. For transparency, it’s wise to inform the employer about any spent convictions so the information you provide aligns with what they will see on your DBS certificate.
Employment Opportunities for Individuals with Criminal Records
Having a criminal record should not be a barrier to finding employment and building a positive future. With shifting attitudes and many companies open to hiring individuals with criminal records, there are numerous opportunities available.
In fact, you can apply for any role with a criminal record as long as you are not on the:
- Children’s Barred list
- Adult Barred list
Jobs You Can Do with a Criminal Record in the UK:
Many jobs do not demand a criminal record check, especially in the retail, construction, and technology sectors. A few examples include:
- Customer service
- IT
- Engineering
- Creative industries
Jobs You Cannot Do with a Criminal Record in the UK:
Other jobs can be more challenging to obtain with a criminal record, even if your conviction is classified as ‘spent.’ These more sensitive roles are exempt from the Rehabilitation of Offenders Act, allowing employers to request full disclosure of your criminal history. Examples of these professions include:
- Teachers and childcare
- Doctors and nurses
- Transport workers, such as taxi drivers
- Legal and financial professions, like accounting
Can I Be Denied a Job in the UK If I Have a Criminal Record?
Legally, an employer can’t refuse you a job if you have a criminal record unless:
- The company or organisation is exempt from the Rehabilitation of Offenders Act 1974, such as those involving vulnerable individuals or positions of public trust.
- Your conviction is ‘unspent’.
- Your conviction cannot be ‘spent’, such as for terrorism-related or sexual offences.
Although unlawful, many employers may still turn down candidates with spent convictions. For example, the YouGov survey mentioned above discovered that 40% of employers worry that ex-offenders may damage their business’s public image, while 45% are concerned about their reliability.
How Can Someone Search for My Criminal Record Online?
The most common way employers can find out about your criminal record is by using the Disclosure Barring Service (DBS). However, even if a background check isn't requested, a simple online search of your name can reveal much about your past.
If there are articles or information online about your past offence, potential employers will likely come across them. With many employers being cautious about hiring individuals with a previous criminal record, this lingering online content could cast a shadow over your job search.
Can I Erase My Criminal Record from Search Engines?Yes, you can request the removal of links from Google and other search engines under the ‘Right to be Forgotten’ law. The Right to Be Forgotten (also known as The Right to Erasure’ allows you to request the removal of outdated or irrelevant private information from online platforms. This right is enshrined in Article 17 of the UK's General Data Protection Regulation (GDPR).
While you cannot erase information from official records, you can remove certain online content related to your criminal conviction, such as:
- Old news articles
- Old social media posts
- Slander and negative comments
Trust Internet Erasure to Remove Links About Your Criminal Conviction
Internet Erasure’s team of privacy lawyers are experts in the Right to Be Forgotten, and our in-depth knowledge has allowed us to remove over 50,000 articles for over 900 clients. We’re also the only company operating in this area of law with an excellent Trustpilot rating.
To speak about your circumstances, please contact us for a free consultation by emailing [email protected], calling 020 3576 0356, or messaging via SMS or WhatsApp at 07565 130 116. Alternatively, submit a convenient online initial enquiry form. If we can assist you, we will do everything possible to accomplish the clean slate you deserve.
