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DBS Checks: What to Do if You Have a Criminal Record: Advice for Individuals with a Criminal Record Applying for Jobs Requiring DBS Checks.

job interview with a criminal record

Having a criminal record can understandably lead to anxiety when applying for jobs, especially those requiring a DBS (Disclosure and Barring Service) check.  


It’s important to know that having a criminal record doesn’t automatically disqualify you from all positions, and there are steps you can take to approach the process with confidence and honesty.  
This blog post aims to provide advice and guidance for individuals with a criminal record who are navigating the DBS check process for employment. 

  

Understanding How DBS Checks Work 

Before addressing the steps you can take, it’s helpful to understand how DBS checks work.  
There are three main levels of checks: 

  • Basic Check: This check will disclose only unspent convictions and cautions. 
  •  Standard Check: This check will disclose both spent and unspent convictions, cautions, reprimands, and warnings held on the Police National Computer, subject to filtering rules. 
  •  Enhanced Check: This check will disclose the same information as a Standard check, and may include additional information held by local police forces, which is deemed relevant to the role. Certain roles will include a check of the Barred Lists. 

 

It’s important to note that “spent” convictions and cautions are those that, under the Rehabilitation of Offenders Act 1974, are no longer considered part of a person’s record for many purposes. However, spent convictions and cautions can still be disclosed on Standard and Enhanced DBS checks. 

  

Honesty and Transparency: The Best Policy 

When it comes to applying for jobs that require a DBS check, honesty and transparency are always the best policy. Here’s why: 

  • Avoid Surprises: It is far better to disclose your criminal record upfront than to have it come as a surprise on your DBS certificate. Employers appreciate candidates who are honest and forthcoming. 
  •  Build Trust: Being transparent from the start can build trust with a potential employer. It shows that you take responsibility for your past and are committed to moving forward. 
  •  Mitigate Risk: Withholding information can be seen as a red flag and can potentially lead to the revocation of a job offer. It could also put you in a vulnerable position. 
  • It May Not Disqualify You: Depending on the role and the nature of your conviction, it is possible that the disclosure won’t be a barrier to your application, if handled correctly. 

  

  

Steps You Can Take 

Here are some practical steps you can take when applying for jobs requiring a DBS check: 

  •  Know Your Record: Before applying for any jobs, familiarise yourself with your own criminal record. Request a copy of your criminal record from the police or relevant agency so you know exactly what information will be disclosed on your DBS certificate. 
  •  Understand the Filtering Rules: Be aware of the filtering rules under the Protection of Freedoms Act 2012. These rules determine what can be disclosed on Standard and Enhanced checks and mean that certain older and less serious convictions will not show. 
  •  Consider Disclosure Carefully: When completing a job application, carefully consider when and how to disclose your criminal record. Some applications may have a section specifically for this. If not, it may be worth making the potential employer aware early in the process. 
  •  Prepare to Discuss Your Situation: If an employer asks you about your criminal record, be prepared to discuss the details with honesty and transparency. Be ready to explain the circumstances surrounding the conviction, what you have learned from the experience, and how you have moved forward. 
  •  Focus on Your Skills and Abilities: In your application and interview process, focus on your skills, qualifications, and experiences. Your criminal record does not define your capabilities as an employee. 
  •  Seek Advice: There are many charities and organisations that offer advice and guidance to people with criminal records. They can provide valuable support and advice on job applications and navigating the DBS process. 

  

Specific Resources 

There are several organisations dedicated to helping people with criminal records find employment and navigate the DBS check process.  
Some useful resources include: 

  • Unlock: Unlock provides advice and support to people with criminal records and aims to challenge stigma and discrimination. You can find them at https://unlock.org.uk/ 
  • NACRO: NACRO offers support for people leaving prison and has information about employment opportunities and advice on DBS checks. You can find them at https://www.nacro.org.uk/ 
  • The Prince’s Trust: The Prince’s Trust supports young people who have faced challenges and helps them get into work or start businesses, also providing support for criminal records. You can find them at https://www.kingstrust.org.uk/ 
  • Local Citizens Advice: Your local Citizens Advice can provide free and impartial advice on employment issues and can signpost you to other local resources. You can find their details at https://www.kingstrust.org.uk/ 

  

Emphasis on Rehabilitation 

It is crucial for employers to understand the concept of rehabilitation.  

People can change, and many individuals with criminal records have turned their lives around and are committed to making a positive contribution to their communities and workplaces.  

Focusing on your rehabilitation journey can help employers see you in a new light.  

Highlight: 

  •  Positive steps taken: Highlight any steps you have taken to address your past, such as completing rehabilitation programmes, further education, or volunteer work. 
  •  Your commitment: Clearly demonstrate your commitment to living a law-abiding life and making a positive contribution to society and to your place of work. 
  •  What you have learned: Express what you have learned from your past and how it has made you a stronger, more determined person. 

  

Guidance on Interview Techniques 

If you’re asked about your criminal record during an interview, it’s important to handle the situation with poise and transparency.  
Here are some tips: 

  • Be Prepared: Be prepared to discuss the facts of the conviction or caution without embellishment, but also without defensiveness. Understand the facts around what happened, what law was broken, and why. 
  • Be Honest but Concise: While honesty is crucial, avoid giving excessive details. Stick to the facts, and avoid any unnecessary and irrelevant information. 
  • Focus on the Future: Shift the focus to your rehabilitation and your ability to do the job. Emphasise what you have learned and how it has made you a better candidate. Focus on the future, not the past. 
  • Focus on What You Can Bring: Make sure that you highlight your skills and experience for the job, making sure that they know that you have the correct attributes for the role that you are applying for. 

 

Finding the Right Employer  

It is important to find an employer that values fairness and is willing to consider candidates on their merits, even if they have a criminal record.  
Look for organisations that are: 

  • Committed to Diversity and Inclusion: Organisations that have clear policies for inclusivity are more likely to consider applicants from diverse backgrounds. 
  • Open to Rehabilitation: Organisations that understand rehabilitation and are willing to provide opportunities for people who have turned their lives around. 
  • Focused on Skills: Organisations that focus on the skills, qualifications, and experience that you bring to the role, and not just on your past. 

  

Conclusion 

Navigating the job market with a criminal record can be challenging, but it is not impossible.  
By being honest and transparent, preparing carefully, and focusing on your strengths, you can increase your chances of finding employment, even in roles that require a DBS check.  
Remember, you are more than your past, and with the right approach, you can achieve your professional goals. 

 

While every effort has been made to ensure the accuracy of the information in this blog post, it is intended for general guidance only and should not be taken as legal advice.  

For specific legal advice relevant to your situation, please consult with a qualified legal professional.