Help for ex-offenders

Getting back to work or learning

If you did any training or study before you went to prison, or while you were there, you could build on that experience.

This article:

•  tells you about organisations which help and support ex-offenders and their families
•  gives basic details of the disclosure process.

Apex Scotland gives ex-offenders and their families help, support and advice on education, training and looking for a job. You can contact their offices in Edinburgh or Glasgow, as follows:

You can find details of other local branches and the services they offer on their website: http://www.apexscotland.org.uk/.

You can also get help at your local Careers Scotland Centre or Jobcentre Plus office.

Telling an employer that you have a criminal record

By law, if a possible employer asks you if you have any convictions, you must tell about them. However, there are some particular rules and regulations you should be aware of. These are all part of a law called The Rehabilitation of Offenders Act 1974. You can read the full details on the Apex website given above, but the main points are given briefly below. 

“Spent” convictions

The law states that if you have not committed another offence during a specified period of time, your previous conviction is “spent”.

You can then ignore the conviction as if it had never happened. If you are asked by an employer if you have a criminal record, you can answer ‘no’.

It is illegal for an employer to discriminate against you because of a “spent” conviction.

Exceptions

The length of time before the conviction is “spent” depends on the age you were at the time and the length of your sentence.

A conviction carrying a custodial sentence of more than 30 months (two-and-a-half years) can never become spent. In these cases, if the employer asks you if you have convictions you must declare it.

In the case of certain jobs, particularly work involving contact with vulnerable people (children, elderly or sick people, those with disabilities) the law does not apply and you must, if asked, disclose all convictions including spent ones.

Disclosures

If you are applying for a job, the employer can ask you for a Disclosure. This is a document which either gives information about any past convictions you have or states that you have no such convictions. You apply for the Disclosure from an organisation called Disclosure Scotland. This is a service designed to increase public safety by providing potential employers and the voluntary sector with criminal history information on individuals applying for jobs.

There are three different types of Disclosure: Basic Disclosure, Standard Disclosure and Enhanced Disclosure. You have to pay a fee for a Disclosure. This costs £20.00 for any of the three types. Sometimes the employer will pay the cost back to you.

The Basic Disclosure either gives details of convictions which are not “spent”, or states that there are no such convictions.

For some jobs, the employer will ask you for the Standard Disclosure.  The Standard Disclosure lists all convictions on record - whether “spent” or “unspent” and any cautions, warnings and reprimands.

In other cases, the employer will ask you for an Enhanced Disclosure. These are mainly for jobs working with children or adults at risk or involving certain legal and licensing requirements. The Enhanced Disclosure lists all the details contained in the Standard Disclosure, plus any other relevant information which the local police believe is relevant to the job in question. 

You can contact Disclosure Scotland, as follows:

Disclosure Scotland

PO Box 250

Glasgow

G51 1YU

Tel: 0870 609 6006

Fax: 0870 609 6996

E-mail: info@disclosurescotland.co.uk

web: http://www.disclosurescotland.co.uk/    

Finding a home

Sacro is an organisation which offers a range of services to reduce conflict and offending in society. As part of its work, it provides accommodation services for ex-offenders who require support or supervision. These services can help ex-offenders to rebuild their lives and reduce the risk of them re-offending.

You can get more information from Sacro, as follows: