How to find employment with a conviction

Second Chance

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Dear Reader,

In July 2006, the Learning and Skills Council (LSC) assumed responsibilityacross England and Wales for the planning, funding and delivery of a newintegrated service for offenders in the community and in prisons. The aim of theLSC is to ensure that all offenders, both adult and young people, in prison or inthe community, are given the training opportunities they need to gain skills thatwill give them the chance of meaningful employment, and to play a full, activeand valuable role in society.

The LSC will be investing £130 million in improving learning and skills pathwaysand quality of provision for offenders over the next three years to break thedownward spiral of unemployment and re-offending that so many offenders findit difficult to break away from. Their vision is that by 2010, young people andadults in England will have the knowledge and skills matching the best in theworld, and will be part of a truly competitive workforce. They will work locally,regionally and nationally with their partners and providers to achieve this.

Working in partnership with the Cumbria Youth Offending Service and NACRO,we have produced this resource which we hope will answer some of thequestions you may have in relation to disclosure and finding employment.

You have a valuable role to play in our society and we wish you every success inyour future endeavours.

Regards

John McNamee,Chief Executive,

Published by the Children’s Safety Education Foundation (Registered Charity No: 1103344).Thanks to Cumbria Youth Offending Service and NACRO for their assistance with this publication.

No part of this publication may be reproduced without prior permission from the publisher.The publisher shall not be liable for any accidents, losses or malpractice arising from or relating to the activities in the publication.

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If I have a criminal record canI get a job?Yes you can but there arerules you should follow.

Do I have to tell the employer I have a criminal record?If your conviction is still to betaken into consideration it issaid not to be ‘spent’.

If your conviction is not‘spent’ you do, but generallyif your conviction is ‘spent’you do not have to tell themabout your conviction,however, there are somejobs you might apply forwhere you have to tell themabout your conviction.

How do I know if myconviction is ‘spent’?The general rules for therehabilitation of offendersare set later on in thisbooklet.

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Commonly Asked Questions

IntroductionYoung people who have access to education training and employment, andtake advantage of it, are more likely to avoid social exclusion and economicdisadvantage.

We hope that by using this booklet, after or during, your programme. It willhelp you successfully gain employment and that this in turn will help youobtain financial independence.

The booklet has a number of useful tips for you to prepare for an interviewand it also contains a number of useful telephone numbers for otherorganisations who are able to help.

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Professions• Actuary• Barrister (in England and Wales),

advocate (in Scotland), solicitor• Chartered accountant,

certified accountant• Chartered psychologist• Dentist, dental hygienist,

dental auxiliary• Legal executive• Medical practitioner• Nurse, midwife• Ophthalmic optician,

dispensing optician• Pharmaceutical chemist• Registered chiropractor• Registered osteopath• Registered teacher (in Scotland)• Veterinary surgeon

Office and other employments• Care services to vulnerable adults• Health service appointments• Judicial appointments• Justices chief executives, justices’

clerks and their assistants• Police constables• Prison staff• Probation officers• Traffic wardens• Work with under 18 year olds

Regulated occupations• Taxi driver

What jobs will require me to always declare my convictions?There are some key jobs exempt from the act and these are:

The above list of exempted professions, occupations and employments maybe the subject of changing governmentlegislation, if you have any questions about this please contact the NACRO helpline on 020 7840 6464.2

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Applying for a JobAn organisation called the Criminal Records Bureau holds the criminal records and convictions of all people in the United Kingdom. Criminal record checks are called Standard Disclosures and EnhancedDisclosures. Standard Disclosures and Enhanced Disclosures cover those areasof work that are exempt from the Rehabilitation of Offenders Act (see page 4).

exempt - If the job you apply for is one where you have to tell the employer about the offence.

These areas of work include health work, private security work, the law,accountancy, work with children and the old, sick or disabled adults. If yourconviction is of a serious nature, or you have several convictions, you may havea greater problem in finding work in these exempt areas.

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Some employers will still employ you if they do not think your conviction is relevant to the work you will be doing. However, some employers will turn you down if you disclose any record.

You should approach any application for work by trying to reassure the employer that you are not a risk, and that your criminal behaviour is now in the past.

If your criminal record is old, you should make sure you tell them it was a long time ago and that you have changed and that the chances of it happening again is very unlikely.

If your circumstances have changed and you have ‘grown up’ and taken on othercommitments, such as your own house or flat, a stable relationship andcontinued with your education or training which shows that you have too muchto lose by getting into trouble again, you should make sure you tell the employer.

You should make sure that anyexplanation you give for your pastoffending does not sound like anexcuse, or employers will not wantto know you. Try to think of yourselfas the ‘boss’ and think how youmight react if someone you don’tknow makes excuses for theirprevious bad behaviour.

If you mean it you should tell themthat you regret your offending andthat you will not re-offend as you arekeen to obtain and keep a job. Youshould also try to show the employerthat you will be trusty andhardworking. Do not let yourexplanation for your offending takeover your application. You mustensure that you put across themessage that you are applying forthe job because you are able to do it.

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How do I disclose my conviction?

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An employer will probably ask you about your conviction on the applicationform. A lot of application forms ask you if you have a criminal conviction and itis often best to say “please see covering letter” and in the letter give somedetail of your offence and your current attitude towards it. You may want to sayyou will discuss this at the interview (see covering letter). Talking about yourconviction at the interview, will allow the employer to see you and not theconviction and you will have the opportunity to sell yourself as yourself and notas an ex offender. Remember that it takes a lot of confidence and courage todiscuss this at an interview and you should therefore practice well before youget to the interview.

Remember that an application for a job is not just aboutdisclosing your convictions in the correct way, you should also:

• Spend a lot of time applying for a few jobs rather than a little time trying for a lot.

• Concentrate on applying for jobs that you are most likely to get.

• Make every word in your application form count and ensure that it is always positive.

• Explain and convince the employer in the application that you can do the job.

• Make sure that your writing is neat and tidy and set out well so that the application looks good.

• Read the job description and the person specification and ensure that you give the employer what they want.

• Pay attention to detail – read all the words in the job description.

• Ensure that you practice and prepare for the interview.

• If possible find out as much as you can about the organisation from such things as the internet or local business papers.

• Make sure you get out and about as many jobs are not advertised and recruitment sometimes takes place informally.

Remember that if your convictions are not ‘spent’ and you fail to disclose them if asked by an employer and they find out, they may dismiss you on thegrounds of you having deceived them and you may possibly be prosecuted.

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When do I disclose my conviction?

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Rehabilitation of Offenders Act does notenforce your right not to be refusedemployment on the ground of a ‘spent’conviction. However, if you can prove thatyou have been dismissed for a ‘spent’conviction and you have been employed bythe company for a year or more, you shouldseek advice from a solicitor to claim unfairdismissal under employment law.

What if my convictions are ‘spent’ and I am refused the jobor later on get sacked by my employer?

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The Rehabilitation of Offenders Act 1974The following sentences become spent after fixed rehabilitation periods from the date ofconviction:

Sentence Rehabilitation period Rehabilitation periodPeople aged under 18 People aged 18 or

when convicted over when convicted

Prison sentences’ of 6 months or less 31/2 years 7 years

Prison sentences’ of more than 6 months to 21/2 years 5 years 10 years

Fines2compensation, probation3

community service4, combination5, action plan, curfew, drug treatment and testing and reparation orders 21/2 years 5 years

Absolute discharge 6 months 6 months1 Even if subsequently imprisoned for fine default2 For people convicted on or after 3rd February 1995. These orders are now called community rehabilitation orders3These orders are now called community punishment and rehabilitation orders

The Crime and Disorder Act 1998 introduced a new custodial sentence for young people withdifferent rehabilitation periods:

Sentence Rehabilitation period Rehabilitation periodYoung people aged Young people aged

12-14 when convicted 15-17 when convicted

Detention and training order of 1 year after 6 months or less the order expires 31/2 years

Detention and training order of 1 year after more than 6 months the order expires 5 years

With some sentences the rehabilitation period varies:

Sentence Rehabilitation period

Probation1supervision, care order2conditional 1 year or until the orderdischarge and bindover expires (whichever is longer)

Secure training (abolished 2000) and attendance centre orders 1 year after the order expires

Hospital order (with or without a restriction order) 5 years or 2 years after the order expires (whichever is longer)

1 Only for people convicted before 3rd February 1995, otherwise see above2 Care orders in criminal proceedings were abolished by the Childrens Act 1998 and effectively replaced with a

supervision order with residence requirements

Reproduced with the kind permission of Nacro.

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(Your Address)

(Company Address)

Dear .............

I wish to apply for the post of .................. As you see from my CV, I believeI have all the skills you are looking for. I have experience in all the areas inthe job description and have had experience of this work before (or havereceived training relevant to this post). I believe I will make a goodhardworking and conscientious employee and I feel sure that myreferences will confirm this to you. I have always been a good time-keeperand have not missed any employment/training or I have only lost ...........days employment/training because of sickness.

Unfortunately, I have convictions for ................ which are now more than ....... years old and this arose from (financial hardship) at the time of theconvictions took place. The circumstances which I was in when theseconvictions were committed, no longer apply. I can also inform you thatthe convictions are ‘spent’ under the Rehabilitation of Offenders Act 1974,although I am aware that I have to disclose them for this job. Since thistroubled time in my life, I have worked hard to turn my life andcircumstances around. Since my last conviction, I have settled down andnow have my own flat/house and I am in a long term relationship. Itherefore have a lot of positive things in my life, which I believe will preventany re-occurrence of offending.

As my CV/application shows, I have a good record and hope you willjudge me on this rather than my past behaviour, of which I am not proud. Iwill be of course, prepared to discuss this matter with you at anyinterview.

Yours faithfully

Application Letter

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(Your Address)

(Company Address)

Dear

I am writing to you in connection with the above vacancy, which wasadvertised recently in ……….. Please find enclosed a copy of myCurriculum Vitae.

As you will see from my CV, I have a qualification/experience in …………….and I believe that this has equipped me with valuable knowledge and skillsrelevant to the above role. In particular, I would like to highlight thefollowing aspects of this experience which I believe would add value toyour organisation.

(Insert your communication and interpersonal skills and knowledgeregarding the job you are applying for)

You will notice from my CV that there are a few unexplained gaps in mycareer history. This is due to time I spent in an offenders’ institution when Iwas younger for a number of criminal offences. I would certainly be happyto discuss this with you in more detail at a later stage but would like topoint out that I firstly enormously regret the mistakes I made and feel that Ihave learnt a huge amount from my experiences. I particularly feel that theyhelped inspire me to improve my circumstances by returning to educationand building a new career. I would also hope to bring to your organisationthe same qualities of perseverance and determination to succeed that havehelped me achieve my degree.

I have a very strong desire to develop a career in ………. and amparticularly interested in working for you as I have read about yourorganisation with great interest.

I am available for interview at any time and would appreciate such anopportunity which would allow me to discuss with you in more detail why Ibelieve I meet the requirements for the position.

I look forward to hearing from you.

Yours

(Your name)

Covering Letter for a young person with a conviction

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Curriculum Vitae

(Your Name)(Your Address)

(Your Postcode)(Your Contact Number)

(Your Date of Birth)

Personal Profile(This is about the person you consider yourself to be.)i.e. I consider myself to be a hard-working individual, who is willing to learnnew things. I am also prepared to undertake any further trainingappropriate to the post.

Education(This is the last school and/or college you attended.)If you achieved any GCSE results put them in here, if not, state whichsubjects you studied instead, remembering to always include Maths andEnglish, then say a few words about which ones you particularly enjoyed – DO NOT LEAVE IT BLANK.

Training(Use this heading if you have been on any sort of programme before andanything at all you may have achieved.)

Work Experience(Don’t worry if you have never had a job before, work experience can meana bit of babysitting you have done for friends and family, any painting anddecorating, gardening, anything really that can fit into this category.)

Hobbies and Interests(This can include any sport you like watching or playing etc.)

Additional Information(This can include any information relating to a certain job or anything reallythat you would like to add, that you think might help you to getemployment.)

References(State the names of two people here that have known you for a while, orthat you have worked for, together with their address and contact number.)

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Commonly Asked Questions

Q. How will I know when my conviction becomes spent?

A. See the table on Page 7, but if you want to be absolutely surephone the Nacro helpline on 0207 840 6464.

Q. A lot of employers ask if you have conviction, are theyentitled to?

A. Yes, some will ask, but you only need to disclose spentconvictions where they state that the job on offer is ‘exemptfrom the Rehabilitation Of Offenders Act.’

Q. Do I always have to tell employers about my conviction?

A. Yes if it is not ‘Spent’ because if your employer finds out youhave not told them when asked, they will dismiss you.

Q. What if my employer sacks me because I have had acriminal record in the past?

A. If you are not in a job, which isexempt from the RehabilitationOf Offenders Act then theemployer will be actingunlawfully if you can prove thisis why they have sacked you.SP

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Useful Website Addresses

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Charity-relatedCharities Aid Foundationwww.cafonline.org

Employee volunteeringwww.volunteering.org.uk

Crime prevention/reductionBBCi Crime sitewww.bbc.co.uk/crime

Community Safety Advisory Servicewww.csas.org.uk

Crime Reduction websitewww.crimereduction.gov.uk

DyspelAddressing the relationship betweendyslexia and offendingwww.dyspel.org.uk

Jill Dando Institute of Crime Sciencewww.jdi.ucl.ac.uk

The Hampton Trustwww.hamptontrust.org.uk

Nacro www.nacro.org.uk

New Start www.newstartmag.co.uk

Renewal.netThe online guide to what works inneighbourhood renewalwww.renewal.net

Restorative Justice Consortiumwww.restorativejustice.org.uk

Restorative Justice TrainingFoundationwww.restorativejusticetrainingfoundation.co.uk

Rethinking Crime & Punishmentwww.rethinking.org.uk

Safer Travel at nightwww.london.gov.uk/mayor/safer_travel/index.jsp

The Suzy Lamplugh Trustwww.suzylamplugh.org

CommunityCommission for Racial Equalitywww.cre.gov.uk

Crimestopperswww.crimestoppers-uk.org

National Council for VoluntaryOrganisations www.ncvo-vol.org.uk

National Neighbourhood WatchAssociationwww.neighbourhoodwatch.net

Neighbourhood Watchwww.ukwatch.org.uk

Oasis Trust www.oasistrust.org

The Quest Trust www.quest-net.org

Victim Supportwww.victimsupport.com

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Useful Website Addresses

GovernmentHome Office www.homeoffice.gov.uk

Department for Transportwww.dft.gov.uk

Government RegionsGovernment Office for the North East www.go-ne.gov.uk

Government Office for the North West www.gos.gov.uk/gonw

Government Office for Yorkshire and The Humberwww.goyh.gov.uk

Government Office for East Midlands www.goem.gov.uk

Government Office for West Midlands www.go-wm.gov.uk

National Assembly for Wales www.wales.gov.uk

Government Office for the East of England www.go-east.gov.uk

Government Office for the South East www.go-se.gov.uk

Government Office for the South West www.gosw.gov.uk

Improvement and DevelopmentAgency The development agency forlocal governmentwww.idea-knowledge.gov.uk

Lord Chancellor's DepartmentConsultation paper on Court workingdresswww.dca.gov.uk/consult/courtdress/index.htm

Neighbourhood Renewal Unitwww.neighbourhood.gov.uk

Communities and Local Governmentwww.communities.gov.uk

Social Exclusion Unitwww.socialexclusionunit.gov.uk

Youth Justice Boardwww.yjb.gov.uk/en-gb

Police Police Services of the UKwww.police.uk/

Young PeopleBullying Online www.bullying.co.uk

Chance UK www.chanceuk.com

Childline www.childline.org.uk

Council for Education in WorldCitizenship (CEWC-Cymru)www.cewc-cymru.org.uk

DrugScope www.drugscope.org.uk

Get Connectedwww.getconnected.org

Leeds Childrens Fundwww.leedschildrensfund.org.uk

National Children's Bureauwww.ncb.org.uk

National Crimebeatwww.national-crimebeat.org.uk

National Family Parenting Institutewww.familyandparenting.org

Philip Lawrence Awardswww.4children.org.uk/pla/

Rizer Information for young peopleabout crime and the law from theGalleries of Justice, Nottinghamwww.rizer.co.uk

Youth Informationwww.youthinformation.com

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This publication has been designed and supplied by The Children’s Safety Education Foundation

Telephone: 0161 477 5122 Fax: 0161 476 2786 www.csef.net

‘This is an excellent piece of work which I am sure

will provide very practical help to many young people

facing difficult decisions about disclosure.

Robert Newman,

Head of Policy for Education and Training

Youth Justice Board for England and Wales

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