A criminal record doesn’t have to be a barrier to stable employment or a positive future in 2025. Attitudes are shifting, and more employers than ever are open to hiring people with previous convictions. In fact, many companies actively seek to create inclusive workplaces that give people a second chance.

Still, it’s important to understand how your criminal record might affect your job search and what your rights and responsibilities are when applying for work.

Understanding Your Criminal Record

When applying for a job, whether or not you need to tell an employer about your conviction depends on two things:

• Whether the conviction is spent or unspent

• The type of job you’re applying for

What Is a Conviction?

A conviction means a person has been found guilty of a criminal offence in a court of law. Offences can range from minor driving infractions to more serious crimes like theft or assault.

Spent vs Unspent Convictions

Unspent convictions:

• Will appear on all types of DBS (Disclosure and Barring Service) checks

• Must be disclosed if an employer asks – not disclosing when asked is a criminal offence

• Do not need to be disclosed if the employer doesn’t ask

Spent convictions:

• Will not appear on a basic DBS check

• May appear on standard or enhanced DBS checks (e.g. for roles involving children, vulnerable adults, or positions of trust)

• Generally do not need to be disclosed unless applying for a job that requires higher-level DBS checks

Is My Conviction Spent?

Convictions become spent after a set rehabilitation period, which begins at the end of your sentence (including any licence period). The length of this period depends on your sentence and your age at the time:

Sentence	Adults	Under 18s
Community order	Length of order	N/A
Youth rehabilitation order	N/A	Length of order
Custody less than 1 year	1 year	6 months
Custody between 1–4 years	4 years	2 years
Custody over 4 years*	7 years	3.5 years

*Note: Serious violent, sexual, and terrorist offences are never spent.

Talking to Employers About Your Conviction

If Your Conviction Is Unspent:

You must tell the employer if they ask. Failing to disclose it can lead to job loss or even legal action. While discussing your past may feel difficult, remember this: as of August 2024, 9.4 million working-age people in the UK have a criminal record—that’s nearly 1 in 4. Many employers are familiar with the disclosure process and focus more on your current character and future potential.

If Your Conviction Is Spent:

You generally don’t need to disclose it, except when applying for roles requiring standard or enhanced DBS checks. In those cases, the conviction may still appear on your record, so voluntary disclosure can show honesty and transparency.

How and When to Disclose a Conviction

There’s no one-size-fits-all approach, but here are some options:

Verbal disclosure: Some prefer to discuss their conviction face-to-face during an interview. This allows you to explain what happened and how your life has changed since.

Written disclosure: Others choose to prepare a written disclosure statement. This can be reviewed in advance and tailored to each job application.

When to disclose: Often, this happens at the interview stage or after a conditional job offer. If the employer asks, disclose then. It’s best to be honest upfront rather than risk surprises during a background check.

Be sure to focus on:

• What you’ve learned from the experience

• How you’ve changed or improved your circumstances

• Any training, work, or volunteering you’ve done since

DBS Checks and Costs

Basic DBS check: Shows unspent convictions only. Can be requested by individuals or employers.

Standard or Enhanced DBS checks: Can only be requested by employers and show both spent and unspent convictions.

In most cases, the employer covers the cost of a DBS check. If you’re self-employed and need a basic DBS check, you’ll need to pay for it yourself.

Final Thoughts

Having a criminal record does not define your future. By understanding your rights, knowing how and when to disclose, and preparing for conversations with employers, you give yourself the best chance of moving forward confidently. With changing attitudes and increasing support, your next opportunity may be closer than you think.

Disclaimer

This article is for general informational purposes only and does not constitute legal advice. If you are unsure about how your criminal record may affect your employment options or disclosure requirements, you should seek professional legal guidance.