29/07/2025
By Jacob Hill, Founder of Offploy
Navigating the jobs market with a criminal conviction can be challenging. Understanding the rights of your participants is crucial, particularly if they face rejection due to their criminal record. The 1974 Rehabilitation of Offenders Act (ROA) plays a significant role in determining these rights, especially distinguishing between spent and unspent convictions.
The Rehabilitation of Offenders Act 1974
The ROA 1974 is a pivotal piece of legislation designed to support the reintegration of individuals with criminal records into society. It allows certain convictions to become “spent” after a specified period, meaning that they do not have to be disclosed to most employers and in other life circumstances such as applying for insurance. This period varies depending on the severity of the offence and the sentence imposed. For instance, a fine may become spent after one year, while longer custodial sentences take more time.
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Rights with Spent Convictions
Once a conviction is spent, individuals have the legal right not to disclose it for most job roles. This protection aims to reduce the stigma associated with a criminal record and improve employment prospects for ex-offenders. Employers cannot legally discriminate against applicants based on spent convictions, with some exceptions.
The primary exception is for regulated roles, which involve working with groups such as children or vulnerable adults, or in certain professions like healthcare or financial services. These positions usually require Enhanced Disclosure and Barring Service (DBS) checks, which will reveal most spent and unspent convictions. In these cases, the employer is within their rights to consider all convictions when making hiring decisions.
Rights with Unspent Convictions
For those with unspent convictions, the situation is more difficult. Individuals are legally required to disclose unspent convictions when asked by an employer. Unfortunately, if rejected for a job due to an unspent conviction, there are limited legal protections against such discrimination. Employers have the right to make hiring decisions based on unspent convictions, and applicants may find it challenging to contest these decisions. Having an unspent criminal conviction is not a protected characteristic.
Challenging Discrimination
If you believe your participant has been unfairly rejected for a job due to a spent conviction, they may have grounds to challenge the decision. Here are some suggested steps they can take:
- Review the Job Role: Ensure that the job does not fall under the exceptions requiring disclosure of spent convictions. If it does not, the employer should not have considered the spent conviction.
- Seek Legal Advice: Consult with a legal expert, employment adviser or the Citizens’ Advice Bureau to understand their rights and explore potential actions. Organisations such as Unlock provide advice and support to individuals with criminal records facing employment issues.
- File a Complaint: The participant can file a complaint with the employer, outlining their understanding of the Rehabilitation of Offenders Act and why they believe the rejection was unfair. This may lead to a review of the hiring decision.
- Contact Regulatory Bodies: For certain professions, contacting regulatory bodies or industry Ombudsmen may be an option if you believe the rejection was not compliant with industry standards or regulations.
Understanding your participant’s rights when facing job rejections due to a criminal conviction is crucial. The Rehabilitation of Offenders Act 1974 provides significant protections for those with spent convictions, ensuring they are not unfairly discriminated against in most job applications. However, individuals with unspent convictions have fewer protections and may face more obstacles. By knowing your participant’s rights and seeking appropriate advice, you can better navigate the complexities of employment with a criminal record.
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About the Author
Jacob Hill is the founder and MD of Offploy. He had the idea of Offploy while serving a prison sentence back in 2016. Today Offploy is a team of 30 people, around 70% of whom have lived experience of the Criminal Justice system.