Do you have accessibility tools for this information? 

There is an accessibility function on this webpage called Recite. On the desktop site, click on the icon in the top right-hand corner next to ‘Donate.’ On the mobile site, scroll right and click on the ‘Turn on accessibility’ icon. You can watch a short video about Recite here: www.youtube.com/watch?v=BQOUIgvqQQs

Overview

• You may have a conviction if you have pleaded guilty to or been found guilty of a crime.
• A criminal record has information about your contact with the police.
• Employers, insurance companies and visa applications for going abroad sometimes ask about previous convictions.
• You might not need to tell people about everything that is on your criminal record.
• If you have a conviction, you may only have to tell someone about it for a certain amount of time. After this time, the conviction becomes known as ‘spent’.
• If you don’t tell an employer about convictions when you should, they might take action. They might later dismiss you or start legal proceedings.

What is a criminal record?

A criminal record contains information about any contact you have had with the criminal justice system. This includes:

• the police,
• the courts, and
• prisons.

A criminal record can include:

• details of any offence you have admitted doing, and
• any offence you have been found guilty of.

The information is held on the Police National Computer (PNC). Each local police force may keep records on their own system.

These records can contain non-conviction information. Including any contact you have had with the police. This might involve your mental health.

This information is protected by the General Data Protection Regulations (GDPR). The Regulations states how personal information is stored and used. For example, information should be factually correct and should only be used for the reason it was collected.

You can read more about GDPR regulations here: www.ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/data-protection-principles/a-guide-to-the-data-protection-principles

What is a conviction and when does it become ‘spent’?

You may have a conviction if you have:

• pleaded guilty to a criminal offence, or
• been found guilty of an offence.

The following aren’t criminal convictions:

• fixed penalty notices like speed camera fines, littering, petty shoplifting, and
• penalty notices for disorder.

But they will be on your criminal record on police computers.

The Rehabilitation of Offenders Act 1974 says some criminal convictions become ‘spent’.

‘Spent’ means they are ignored after a certain amount of time. This time period is known as the rehabilitation period.

The rehabilitation period will depend on:

• the sentence given, not the offence, and
• how old you were when you were convicted of the offence.

After the rehabilitation period you no longer need to mention your convictions. Even if someone asks you. But there are some exceptions which are in the next section below.

Prison sentences and community orders have ‘buffer periods.’ This means the time it takes for the sentence to be spent starts from when your sentence ends. See the grid below for more information.

Other convictions and penalties don’t have ‘buffer periods.’ This means the time it takes for the sentence to be spent starts from the date you are convicted. See the grid below for more information.

The table below shows how long it takes for most sentences, orders, or warnings to become ‘spent’.

The information in the table only applies to people who are 18 years of age or over. The rules can be different if you are under 18.

What is disclosure and why is it important?

Disclosure means telling someone something about yourself. Like you have a conviction.

There are times when you may have to disclose, such as:

• applying for work,
• getting insurance, and
• going abroad.

It can be difficult telling someone about your convictions. This might be harder if you have lots of convictions and have a mental illness.

If you have a criminal record, some employers:

• may not employ you, maybe because of the type of work they do, or
• might treat you unfairly.

But some employers might be happy to employ you.

What can I do if I have been treated unfairly?

You might think you have been treated unfairly by an employer because of a criminal conviction.

If this happens you can get advice from the organisation Unlock. Their details are in the Useful contacts section at the bottom of this page.

When do I have to disclose criminal convictions?

You must disclose if:

• you are asked if you have any convictions, and
• you have ‘unspent’ convictions.

But you won’t always have to disclose your convictions.

You don’t have to disclose if:

• you’re not asked about previous convictions, or
• you have ‘spent’ convictions.

See the previous section above for more information on when convictions become spent.

But there are some exceptions which mean you must disclose ‘spent’ convictions for some jobs. See below.

When do I have to disclose spent convictions?

You must disclose ‘spent’ convictions if you are applying for a job in one of the following areas.

• Working with children or vulnerable adults
• Healthcare
• National security
• Taxi driving
• Finances
• The law
• HM Courts and Tribunals Service and the Judicial Office
• Employment in law enforcement
• Offices responsible for the enforcement of warrants and writs
• Employment in the financial sector
• Employment where a licence is required to work or operate

This is because these jobs are not covered by the Rehabilitation of Offenders Act 1974.

When do I disclose to an employer?

You might be asked about your convictions:

• on an application form,
• in an interview, or
• after you have been offered a job.

When applying for work you will probably need to do a written application and have an interview.

Should I disclose on an application form?

You might be asked about criminal convictions on an application form.

If the application asks about previous convictions, it might be best to say:

• ‘yes – please see the covering letter’, or
• ‘yes – I’m happy to discuss at interview’.

By including a covering letter, you can explain the situation. For example:

• the circumstances that lead to the conviction,
• details of the offence,
• if being your mental health and being unwell played a part,
• what you’ve done since in your life, if appropriate, and
• anything else relevant you want to tell the employer.

There are rules on what an employer can ask about your health. An employer should not ask general health questions on application forms.

See our webpage on Work and mental illness – Getting a job for more information.

Should I disclose during an interview?

You could talk about your conviction during an interview.

This could help as:

• it might be easier to explain about the conviction and your situation, and
• your employer can ask you questions about it.

But you might find it difficult disclosing in person.

You could write a letter and either read this out or hand it to the interviewer or interviewers.

Do I disclose when they offered me the job?

You might think there is no point in telling an employer about previous convictions until they have offered you a job. They will probably ask you about any previous convictions before this point.

But the employer might ask you about your convictions for the first time when they are offering you a job.

It is important to think about how to tell the employer without risking them withdrawing the offer. You can explain things like:

• the circumstances that lead to the conviction,
• details of the offence,
• if being your mental health and being unwell played a part,
• what you’ve done since in your life, if appropriate, and
• anything else relevant you want to tell the employer.

What might happen if I don't disclose?

If you don’t disclose convictions to an employer and they find out later, the following things could happen.

• They could dismiss you for lying.
• You could face other disciplinary proceedings.
• They could take legal action against you.
• If you do not get a good reference, it could make it harder to get a new job.
• If you lose your job for this reason, it may affect your entitlement to benefits.

It is probably best to be open and honest about your history from the start. It can help make the right impression with the employer.

How do I disclose my convictions?

You can think about telling the employer that having a conviction doesn’t mean that you are:

• risky,
• unreliable, or
• unsuitable for the job.

It is important to focus on the positives, such as your skills and abilities. And remind the employer that your crimes are in the past.

You might want to try the following.

• You can point out if the offence was related to certain circumstances. You might have been very ill at the time. But maybe you have been on a recovery journey and are now in a much better situation.
• Focus on how things have changed. You might have been young when convicted. You have since grown up and now have responsibilities.
• Speak generally. Don’t go into detail about the offence. If you have more than one conviction, you could group them together. For example, ‘I have 4 offences that are all theft related.’
• Mention anything you have achieved since your conviction. Perhaps you have started a family, got some qualifications, or got some help for your mental health.
• The conviction might not be relevant to the job. Ask the employer to consider you for your ability and not your past.
• Tell the employer if you have been on education or offending behaviour programmes.

If you have spent time in prison, you could tell the employer the following.

• How you have made the most of your time.
• If you got some help for your mental health.
• Say you have decided to find employment rather than returning to crime.
• You have a character reference to show an employer that you are right for the job. You could get this from a professional such as probation officers or healthcare staff.

It is important to remember that if you aren’t offered a job, it might not be because of your convictions. So, don’t give up trying!

Most employers will give you feedback if you were not successful at interview. You can ask for feedback. You can use it to think about how to do better at your next interview.

Research shows that many organisations:

• have positive experiences of employing ex-offenders, and
• actively try to employ them.

What is a DBS check?

A DBS check is when an employer checks the criminal record of someone applying for a job. DBS stands for Disclosure and Barring Service. They are the service who arrange the check.

Employers can ask for a DBS check if you are applying for a job that would involve a ‘regulated activity’.

‘Regulated activity’ means work with vulnerable groups, such as children or the elderly. ,

See our webpage on What is a criminal record check? DBS checks and mental health for more information.

Will criminal convictions affect my insurance?

You might be asked about previous convictions when applying for insurance.

You must disclose criminal convictions which are ‘unspent’ if you are asked about them.

If you have ‘unspent’ convictions it might affect your insurance.

If you don’t disclose ‘unspent’ convictions there might be issues later, like insurers refusing to pay out on a claim.

The organisation Unlock have the following useful information on their website:

• Insurance and convictions - A detailed guide: www.unlock.org.uk/advice/insurance-convictions-detailed-guide

Unlock have a list of insurance brokers who specialise in insurance for people with ‘unspent’ convictions. Their contact details are in Useful contacts section at the bottom of this page.

You might complain about insurance company, but still be unhappy at the end of their complaints process. If you are, you can contact the Financial Ombudsman Service (FOS). Their contact details are in the Useful contacts section at the bottom of this page.

Will criminal convictions affect me going abroad?

Having a criminal record does stop you from travelling abroad, and your passport is not linked to your criminal record.

But The Rehabilitation of Offenders Act only covers England and Wales. It doesn’t apply in other countries. This means in other countries your convictions aren’t seen as ‘spent’.

Some countries have entry restrictions, like the USA and Australia. You may need to apply for a visa to go there. Countries have different entry requirements. So, it is best to check with their Embassy.

The organisation Unlock has information on their website about travelling abroad if you have criminal convictions:
www.unlock.org.uk/guide/travelling-abroad.

What if I am currently under licence conditions?

You may have been released from prison and are currently on license. You will need to speak to your offender manager at probation to get permission to travel.

Further reading

For more information see our webpages on the following:

• What is a criminal record check? DBS checks and mental health
• Prison – Planning for release
• Work and mental illness – Getting a job

Useful contacts

Financial Ombudsman Service (FOS)
They can look at complaints about most financial issues, such as insurance, banking, and mortgages.

Phone: 0800 023 4567 (free from mobiles and landlines)
Calls using Relay UK: (18002) 020 7964 1000
Address: The Financial Ombudsman Service, Exchange Tower, London E14 9SR
Email: complaint.info@financial-ombudsman.org.uk
Website: www.financial-ombudsman.org.uk

Foreign, Commonwealth and Development Office
They have information on travel and living abroad.

Phone: 020 7008 5000
Address: King Charles Street London SW1A 2AH
Email: fcdo.correspondence@fcdo.gov.uk
Website: www.gov.uk/government/organisations/foreign-commonwealth-development-office

Nacro
A charity that supports and advocate for people with criminal records to be able to move on positively in their lives.

Helpline: 01634 247350
Address: Walkden House, 16-17 Devonshire Square, London, EC2M 4SQ
Email: website@nacro.org.uk
Website: www.nacro.org.uk

Unlock
This is an independent charity and membership organisation, led by reformed offenders. Their website has lots of information for ex-offenders.

Phone: 01634 247350
Address: The Helpline, Unlock, Maidstone Community Support Centre, 39-48 Marsham Street, Maidstone, Kent, ME14 1HH
Email: Use website form here: www.unlock.org.uk/the-helpline/#contact
Text or WhatsApp: 07824 113848
Website: www.unlock.org.uk

How do I know I can trust this information?

We are a trusted information creator as we are accredited by the Patient Information Forum https://pifonline.org.uk/about-us

Want a fully referenced, printable PDF version?

You can download a fully referenced, printable PDF version of this information by using the link at the top of this page.

Broken links?

All links to other pages on our website, and other websites, worked when we last reviewed this page. If you notice that any links no longer work, you can help us by emailing us at feedback@rethink.org and we will fix them. Many thanks.

Incorrect information?

All the information on this webpage and the accompanying PDF document (if applicable) was correct, to the best of our knowledge, when we published it. If you think any information is incorrect you can help us by emailing us at feedback@rethink.org. Many thanks.

Did this help?

We’d love to know if this information helped you. You can email us at feedback@rethink.org

© Rethink Mental Illness 2023
Last updated June 2023
Next update June 2026

Version number 5