Can You Hire Someone with a Criminal Record in the UK?

Hiring someone with a criminal record can make you feel precarious, especially if you're running a small business or handling recruitment for the first time. You question yourself, “Is it legal? Will it affect my team? What will customers think?”

Let’s clear the doubts for you.

It is allowed to hire someone with a criminal history check in the UK. In fact, many businesses today do it and for good reason. It is allowed legally, and sometimes you could get lucky and the candidate with a conviction can bring unique value, resilience, and loyalty to your team.

But (don’t take this casually), there are rules, responsibilities, and practical things you need to consider, especially when it comes to criminal history records check and handling police record checks.

Confused? Let’s break this down for you.

Is It Legal to Hire Someone With a Criminal Record?

Yes, in most cases, it is completely legal.

Having a criminal record does not bar anyone from employment directly. In fact, the Rehabilitation of Offenders Act 1974 allows job applicants with convictions to be treated as if they’ve never committed an offence, but the conviction needs to be a “spent” conviction.

So, what is a “spent” conviction?

A conviction becomes spent after a set period, depending on the sentence. Once it’s spent, the person doesn’t legally have to declare it for most jobs.

However, for certain roles (especially those involving vulnerable people, finance, or security), employers are allowed and expected to do more detailed criminal history checks, including police checks via the Disclosure and Barring Service (DBS).

What Is a Criminal Records Check?

A criminal record check is a verification process for finding out if the job applicant has any past criminal convictions, cautions, or warnings. In the UK, these checks are handled by the criminal records bureau, which is now a part of the Disclosure and Barring Service (DBS).

There are three levels of DBS checks:

• Basic DBS check: Shows unspent convictions only.
• Standard DBS check: Includes spent and unspent convictions, cautions, reprimands, and warnings.
• Enhanced DBS check: All of the above, plus any relevant information held by local police.

The level of check to be conducted depends on the role you’re hiring for. Read our detailed blog here to know more about it.

If you’re hiring someone who’s lived abroad recently, you might also need an overseas police check.

Do You Always Have to Do a Criminal Background Check?

Not really.

Many employers choose to conduct a basic DBS check in the UK to add a safety net while making a new hire, which is a good idea, but they are not legally bounded to do it. Recruiters in the financial, security and sensitive industries mostly conduct a criminal history check before hiring.

Some roles, especially in healthcare and childcare, need a DBS check (the level depends upon the role) in the UK.

The key is consistency. If you decide to check the criminal background for one role, apply the same policy for all similar roles to avoid accusations of discrimination.

Can You Ask a Candidate About Their Criminal Record?

Yes, but you need to be careful about how you ask for it.

You can legally ask job applicants whether they have a criminal history record, but under the Rehabilitation of Offenders Act, they’re only required to disclose unspent convictions, unless the job is exempt.

A good way to phrase it on your application form is:

“Do you have any unspent criminal convictions? (You do not need to disclose spent convictions unless the role is exempt from the Rehabilitation of Offenders Act 1974.)”

Avoid using vague questions like “Have you ever committed a crime?” as it can be misleading and unfair.

What If the Candidate Does Have a Criminal Record?

This is where human judgement enters in.

Finding out someone has a criminal history does not necessarily imply you should rule them out. Instead, think of:

• The nature of the offence: Was it violent or financial? Was it relevant to the job?
• How long ago it happened: People can change. So, understanding how long ago anything happened is crucial. A small offence from 10 years ago is not the same as a recent significant one.
• The individual's behaviour since: Have they held any steady jobs? Is there evidence of rehabilitation?

In fact, several businesses find that candidates with past convictions are among their most committed and trustworthy employees.

Remember that rejecting someone solely based on their criminal background can constitute discrimination if it is not justified for the position.

What If You Want to Look Up Criminal Records for Free?

If you're considering obtaining a free police record check or searching the web for criminal records free online, proceed with caution. In the UK, there is no real free service for obtaining full criminal background information for free.

So, any online services offering criminal records free or “instant” results are likely to be scams or unreliable.

Always take reliable routes through the DBS or any other umbrella body.

How to Carry Out a Criminal Background Check Properly

If you're an employer trying to conduct a proper criminal history check, here's your checklist:

• Determine the right level of check (basic, standard, or enhanced).
• Always obtain the candidate’s consent.
• Apply using the official GOV.UK portal or a certified umbrella body, like Complygate.
• Keep information confidential and safe.
• Apply your decision-making fairly, with documented, role-specific risk assessments making.

For overseas candidates, you can conduct overseas police check through the respective country's embassy or an approved organisation. These can take longer, so plan accordingly in your hiring timeline.

Why Giving Someone a Second Chance Could Be Good for Business?

Here's something to consider.

Moreover 11 million people in the United Kingdom have a criminal record, accounting for approximately one in every six adults. Many of them are struggling to re-enter the workforce, not because they are inept, but because of antiquated stereotypes.

By broadening your hiring policy to include people with criminal records, you may gain access to a loyal, motivated, and frequently overlooked talent pool.

And in a tight labour market, that's a strategic advantage.

Final Thoughts: Hiring With Confidence

So, can you hire someone with a criminal history in the UK? Yes. Should you? That is up to you, but don't let fear or misconceptions influence your decision.

Make sure you understand your responsibilities for criminal record checks, are familiar with the law, and have established fair, consistent employment policies. A smart criminal check method safeguards your company without turning away those who deserve a second opportunity.

If you're not sure what level of police check is appropriate for your work or how to interpret criminal records, we're here to help.

Whether you're hiring your first employee or expanding your staff, making the correct decision starts with the right checks. We make criminal record checks simple, fast, and totally compliant, allowing you to hire with confidence.

Contact us today to get started with reliable, hassle-free criminal background checks for your company.

Let us take the guesswork out of your hiring process.