Important changes to the criminal records checks regime

Many employees, volunteers and other workers are subject to a criminal records check, for example because they carry out regulated financial activities or because they work with young people or vulnerable adults. This alert summarises two important and very recent developments that employers and other recruiting organisations should know about.

With effect from 29 May, you cannot require disclosure of, and make recruitment and dismissal decisions based on, a limited category of offences that resulted in: ‘protected convictions’ — where a conviction was for an offence that was not a violent or sexual offence, the conviction has not resulted in a prison sentence, the individual has not been convicted of any other offence and the conviction is at least 11 years old (if received by an adult); or ‘protected cautions’ — where the caution was for an offence that was not a violent or sexual offence and is at least six years old (if received by an adult).

These types of convictions and cautions are therefore very limited…

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