Make a job offer and pre-employment checks

Applying for a criminal records check

If a job requires a criminal records check, the applicant should apply for a disclosure from the Criminal Records Bureau (CRB). An organisation registered with the CRB, usually the employer, then countersigns the form. Check the applicant's identity before signing an application and let the applicant know if you expect them to pay for the application.

Copies of standard and enhanced disclosures are posted to the applicant and to the body that countersigned the application.

Registering with the CRB
Employers needing standard or enhanced disclosures for their staff must register with the CRB in writing or use the service of an "umbrella body" already registered with the CRB. The registration fee is £300 - find out about registering at the Disclosure service website.

Timing of applications
Disclosures should not be requested until a job offer is made but make it clear that the job is subject to production of a disclosure.

Avoiding discrimination
Generally someone convicted of a criminal offence and who does not receive any further convictions during "the rehabilitation period", becomes a rehabilitated person. Their conviction is regarded as spent - therefore after a certain period of time, you should treat the person as if the conviction had not happened.

In most cases you cannot:

• insist on being told about a criminal offence that is spent
• take into account offences which are spent

A conviction resulting in a prison sentence of more than 30 months can never be spent.

A person must disclose all convictions, including spent ones, if the job offered falls into an exempted category including:

• work with children and vulnerable adults
• accountants and barristers
• police
• posts relating to the administration of justice or financial regulation

Whether the conviction is spent or unspent, you should carefully weigh a number of factors, including:

• how long ago the offence was committed
• their age at the time
• the relevance of the offence to the job offered
• the penalty awarded
• whether the offence was isolated or part of a pattern of offending
• what is known about the person's behaviour before and since

People should not be unfairly discriminated against due to past convictions.

Subjects covered in this guide

• Introduction
• Make the decision
• Making the offer
• References
• Health checks - when are they appropriate?
• Checking qualifications
• Work with at risk adults and children
• Applying for a criminal records check
• Withdrawing job offers where checks are not satisfactory
• Pre-employment checks - data protection issues