Under the Rehabilitation of Offenders Act 1974 someone with a criminal record does not have to disclose what are regarded as spent convictions unless the position they are applying to work in is listed as an exception under the Act.
Before considering asking someone to make an application for a Standard or Enhanced Disclosure, a recruiter is legally responsible for ensuring that they are entitled to ask that person to reveal their conviction history and their spent convictions.
Types of CRB (now DBS) Disclosure
The Standard Disclosure is primarily available for regulatory purposes, for example certain high level positions within the financial industry.
The Enhanced Disclosure is only available for those roles which will involve the individual working with vulnerable groups. Any individual undertaking a “Regulated Activity”, either through employment or as a volunteer, will require an Enhanced CRB (now DBS) Disclosure.
For more information on positions that are exempt from the ROA, click here.