Can I Employ Someone with a Criminal Record? The Facts Every Employer Should Know

Around one in four working-age adults in the UK holds a criminal record, according to this 2024 study by the Ministry of Justice.

This represents a significant part of the UK’s talent pool. As an employer or HR professional, you may be uncertain about what you are allowed to ask, how to manage disclosures, or whether hiring someone with a conviction poses a risk.

In reality, employing someone with a criminal record is not only completely legal in most cases but can also be a valuable and forward-thinking decision. Businesses such as Timpson, Greggs, and Pret a Manger have integrated inclusive hiring into their long-term strategies, reporting positive outcomes, including improved retention and increased staff engagement in specific areas of their workforce.

We've put together this guide to help you navigate the facts with confidence.

What the Law Says About Employing People with Convictions

Many employers we work with are surprised to learn that, in most cases, there is no legal barrier to hiring someone with a criminal record.

It is important to note that there are several different legal regimes across England & Wales, Scotland, and Northern Ireland. Disclosure guidance varies depending on the region, and for this section we will focus primarily on England & Wales.

The Rehabilitation of Offenders Act 1974

The Rehabilitation of Offenders Act (ROA) is the key piece of legislation in this context. However, it has been amended to varying degrees across the different UK nations. In essence, this legislation allows certain convictions to become “spent” after a set period. Once a conviction is spent, the person is no longer legally required to disclose it for most types of employment, and you, as an employer, are not permitted to take it into account.

For example, in England & Wales:

• A custodial sentence for an adult up to and including 12 months becomes spent 1 year following the end of the sentence (as long as there are no further offences). For those under 18 years old, the conviction becomes spent after 6 months.

• A fine becomes spent after 1 year for adults, and 6 months for those under 18.

  
  

The rehabilitation period depends on the type and length of the sentence, the age at time of sentencing, as well as whether the individual has remained conviction-free during that time.

See the Police Crime Sentencing & Courts Act of 2022 for the latest changes in England & Wales.

When can you ask about criminal records?

You are only legally entitled to ask about:

• Unspent convictions, for most roles.

• Spent and unspent convictions, if the role is exempt from the ROA.

  
  

Exempt roles include:

• Jobs involving regular/repeated contact with children. You can find more advice on regulated activity with children here.

• Specific financial, legal, and security roles

• Some regulated professional positions (e.g. healthcare, education, law enforcement)

  
  

These exemptions are covered under the Exceptions Order 1975, which allows employers to request a standard or enhanced DBS check through the Disclosure and Barring Service.

For most other roles, however, you should only request a basic DBS check, which shows unspent convictions only.

How ready is your business to hire inclusively?

Find out where your organisation stands and what you can do next to create fair, effective hiring practices for people with convictions. Take our free quiz here for your detailed report.

7 Common Misconceptions About Hiring People with Criminal Records

Despite growing awareness around inclusive hiring, many employers still hesitate when it comes to people with criminal records. Often, that hesitation is based on outdated information, legal misunderstandings, or misplaced concerns about risk.

Below are some of the most common myths we hear, alongside the facts backed by law, research, and employer experience:

Myth	What the Evidence Says
“It’s illegal to hire someone with a criminal record.”	In most cases, it’s entirely legal to employ someone with a criminal record. The only exceptions are roles that are legally exempt under the Rehabilitation of Offenders Act (GOV.UK). It is also illegal to hire someone into a role they are barred from.
“I need to ask every candidate if they have a criminal record.”	You can only ask about unspent convictions for most roles. You may ask about spent convictions only if the role is legally exempt.
“People with convictions are less reliable.”	Timpson reports that employees with convictions often have better retention rates than other staff.
“Customers will be uncomfortable with this.”	This government survey found that 81% of the UK public support employers who offer opportunities to people with criminal records.
“I have to pay for DBS checks for everyone I hire.”	Only some roles require DBS checks. Most jobs only need a basic check, or none at all, unless legally specified.
“What if they hide something serious?”	If a candidate lies about a conviction they were required to disclose, this is a criminal offence in its own right and punishable by up to 5 years in prison. A transparent disclosure process protects both parties.

More Businesses Are Choosing Another Chance Employment - Will Yours Be Next?

Hiring someone with a criminal record can offer significant benefits, not just for the individual, but also for the business. Employers across various industries have integrated inclusive hiring into their long-term strategies, and with the right structures in place, have achieved encouraging results.

• Timpson is one of the UK’s most well-known advocates for employing people with criminal convictions. Over 10% of its workforce has had a conviction, and the company has publicly shared that this group demonstrates high levels of commitment and retention.

• Greggs operates a prison work placement programme, offering structured roles within the business to individuals leaving custody. Several participants have moved into permanent positions, supported by internal mentoring and development opportunities.

• Pret A Manger’s Rising Stars programme supports people who have experienced homelessness or barriers to employment, including criminal convictions. The initiative provides paid roles, mentoring, and the chance to progress into permanent employment.

These examples show that inclusive recruitment is not only possible but often a smart and sustainable approach to workforce development. In sectors facing recruitment challenges or skills shortages, this broader talent pool offers potential that is too often overlooked.

Your Responsibilities as an Employer

When considering a candidate with a criminal record, employers are often unsure what’s required of them. In most cases, the focus is simply on making a fair and informed decision. That means understanding the role of risk assessments, being clear about your process, and knowing when a DBS check is appropriate.

Making a balanced risk assessment

If a candidate discloses a conviction, it can help to consider:

• How long ago did the offence take place

• Whether it’s relevant to the role

• The seriousness of the offence

• Any steps taken since, such as rehabilitation or training

  
  

There’s no one-size-fits-all rule here. The aim is to weigh the information fairly and make a decision that reflects the responsibilities of the role.

Being clear is key

Letting applicants know when and how criminal records will be discussed can help set expectations and reduce uncertainty. Many employers choose to outline this as part of their recruitment policy or include a short explanation during the application process.

Creating space for someone to share the context of a conviction, if they wish to, can support fairer outcomes and often builds trust on both sides.

FAQs: Answers to Common Employer Questions

Q. Can I employ someone with a spent conviction?

A. Yes. If the role is not legally exempt from the Rehabilitation of Offenders Act, candidates are not required to disclose spent convictions, and you are not entitled to ask about them. Read more here.

Q. What’s the difference between a spent and unspent conviction?

A. An unspent conviction is still within its rehabilitation period and must be disclosed for most roles. A spent conviction is no longer considered relevant for most employment purposes and does not need to be disclosed unless the role is exempt.

Q. What if someone lies about their criminal record?

A. If you’re legally allowed to ask about a conviction and someone fails to disclose it, this is a criminal offence. It’s important to ensure your process is clear and that the question was asked in a lawful and appropriate way.

Summing up

When conducted fairly and honestly, hiring someone with a criminal record can be a beneficial, forward-thinking decision for your organisation. With the right approach, you can tap into a broader talent pool, support social mobility, and demonstrate a commitment to fair employment practices.

Transparent processes, open communication, and a thorough understanding of the legal framework all contribute to creating a recruitment policy that is both inclusive and responsible.

Need support?

Our Employing with Conviction guide is a practical starting point, covering everything from disclosure to decision-making. It’s designed to help employers like you build fair and effective recruitment policies.

Take our quick and free quiz to assess your organisation’s readiness to employ people with criminal convictions, and get tailored recommendations to strengthen your recruitment strategy.

If you'd like tailored advice or support with training, policy development, or candidate engagement, our team is here to help. Get in touch today to take the next step.