Skip to main content
For people with criminal records
For people with criminal records

Author: Debbie Sadler

The helpline will be closed over Christmas

Our helpline will be closed for the Christmas holidays from 4pm on Friday 18th December 2020 and will reopen at 10am on Monday 4th January 2021.

Whilst we’re closed, you can drop us an email, text or WhatsApp message or write to us. You can find our contact details here. We’ll respond to every enquiry we receive as soon as possible following our return to the office in January.

If you’ve got questions that you need answers to, you may find what you’re looking for on this self-help information site. In particular, check our top 10 things to know about criminal records which has links to the key things people with convictions may need to know about their criminal record. Alternatively, you may find the answer on our online forum.

The Christmas holidays can be a difficult time for some. If you’re feeling desperate and need to speak to someone while our helpline is closed, you can contact the Samaritans for free on 116 123, or email them at jo@samaritans.org. Details of other crisis services offering urgent support can be found here.

On behalf of everybody at Unlock, we’d like to take this opportunity to wish you a very merry Christmas and a happy and safe New Year.

Monthly summary – November 2020

Welcome to our monthly summary for November 2020.

This provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to people with a criminal record.

Have you stumbled across this? You can receive updates to your inbox every month for free by signing up to our mailing list (make sure you choose to receive ‘news for people with convictions’).

Updates to our information site

Here’s a summary of the updates we’ve made to the information hub. There are links within each update to where you can find more information.

About criminal records

  • Criminal records that don’t show (stay) on standard and enhanced DBS checks (filtering and protected cautions and convictions) – Following the long awaited changes to what is disclosed on (and removed from) standard and enhanced criminal record checks, we’ve published updated guidance which explains the new rules.

Insurance

theRecord posts

Below are links to recent posts to our online magazine, theRecord. These are often linked to the practical information that we have, to help give some personal experiences.

Success – Keep calm and volunteer – “As many of us know, getting a job with a criminal record can be hard and that was the position I found myself in several years ago. Getting those letters thanking me for my interest but telling me that my application wouldn’t be progressed was heart-breaking but even worse, were the employers that never even acknowledged them …..”

Struggles and stigma – Mistakes made by probation should be a cause of concern to all – “Several years ago, along with an accomplice, I “earned” approximately £2000 by claiming refunds for items I owned which I declared were faulty when in fact they were not – this is legally defined as fraud by false representation. I claimed for 6 items in total over a 2-week period before realising how stupid I had been …..”

Discussions on our online forum

Below are links to recent posts on our online forum. If you’d like to join the discussion but are not currently a forum member, find out how you can join here.

EU settlement scheme pre-settled status – Davy has recently received a caution for harassment without violence and wants to know whether this will affect his application for settled status. Can anybody help him?

Banned by the FA – Following a conviction earlier this year, 13TG has been banned by the Football Association from all football including coaching and playing. Have you had any similar experiences?

Other news and developments

Below are links to other news and developments that might be of interest to people with a criminal record. For more news, check out the news and media section of our main website.

Government announces date when planned changes to the criminal record disclosure rules will take effect

On 19 November the government confirmed that changes to the rules on filtering would come into effect on 28 November following the Supreme Court ruling in January 2019.

Unlock wins ‘outstanding national organisation’ at CJA Awards

At the end of what has been a big year at Unlock, we won the award for ‘Outstanding National Organisation’ at the Criminal Justice Alliance Awards.

A momentous day for tens of thousands of people with old and minor criminal records

On the day that changes to the law meant that tens of thousands of people would no longer have their old and minor criminal records show on standard and enhanced DBS checks, read Christopher Stacey’s blog on the changes to the rules and why there still remains a need for further reform.

Monthly update – November 2020

We’ve just published our update for November 2020.

This months update includes:

  1. New guidance explaining the rules on what is disclosed on (and removed from) standard and enhanced criminal record checks following changes to the filtering rules which came into effect on 28 November 2020.
  2. A personal story from Roger describing his experience of volunteering at Unlock.
  3. A link to a discussion on theForum from an individual wanting to find out whether his recent caution will affect his application for settled status.
  4. Details of the award given to Unlock by the Criminal Justice Alliance for ‘Outstanding National Organisation’.

 

The full update provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to individuals with a criminal record.

Read the November 2020 update in full.

Best wishes,

Unlock

Notes

Do you know whether your cautions and/or convictions will be removed from your standard or enhanced DBS? Changes from 28 November

Today (28 November 2020) the long awaited changes to the rules on what is disclosed on (and removed from) standard and enhanced criminal record checks come into effect. This is something Unlock has campaigned for over seven years.

Today we’ve published updated guidance which explains the new rules. You can:

If you’re applying for a job that involves a standard or enhanced Disclosure and Barring Service check, cautions or convictions that would be removed (filtered) won’t be included on your standard or enhanced certificate.

It’s thought that these changes will mean around 45,000 people a year will now have a clear standard or enhanced DBS check, although we know many more people have been put off applying in the past, so we think the number that benefit from these changes will be much higher, so it’s worth finding out whether you’ll be one of them.

More information

Government announces date when planned changes to criminal record disclosure rules will take effect

The government has today confirmed that planned changes to the rules on filtering will come into effect on Saturday 28 November. After years of campaigning for change, and after many months of holding the government to account on the implementation of the changes, the news was confirmed in a letter to Unlock from the Home Office yesterday.

The changes are simple; for jobs and voluntary roles that involve a standard or enhanced criminal record check issued by the Disclosure and Barring Service, childhood cautions will no longer be disclosed, and a rule that meant someone with more than one conviction had all their convictions disclosed, regardless of offence or length of time, has been abolished. For people who have been held back from employment and volunteering to help others because of mistakes they made years ago, the impact will be life changing.

These changes came as a result of a Supreme Court ruling in January 2019 which Unlock intervened in and, according to Home Office data, these changes will mean around 45,000 people a year will now have a clear standard or enhanced DBS check. One in five people who under the old rules would have their criminal records disclosed, will now have a clear certificate.

Some practical points

It’s important to remember that certificates applied for prior to 28 November 2020 will be produced in accordance with the current disclosure rules. Therefore, if you need to apply for a standard or enhanced DBS and you know that you will benefit from the changes being made, we would recommend delaying your application to the DBS until after 28 November.

If you subscribe to the DBS Update Service any cautions or convictions removed from your standard or enhanced certificate after 28 November would not result in a status change. Status changes are only prompted when new information is added, or an offence is changed or amended, whereas an offence which is filtered would result in information being removed. If you wish to have a new DBS certificate which does not disclose your newly removed cautions/convictions, you will need to apply for a new DBS check.

It is important that individuals with a criminal record understand the impact of these changes and we will be publishing updated guidance prior to the changes coming into effect.

Applying for a new job? Do you know what you need to disclose to an employer?

Spent? Filtered? Basic DBS check? Standard or enhanced?

If you’ve got a criminal record and you’re applying for a new job or volunteering role, it’s important to know if and what you need to disclose and what will show-up if an employer does a DBS check.

Make the mistake of over or under-disclosing and you run the risk of your application being unsuccessful.

We’ve published a ‘What do I need to disclose for what job?‘ form which can be used as a record of your convictions/cautions and when they’ll be spent/filtered and removed from your DBS certificate.

You can find all the information you need to complete the form on our information hub site but, if you’d prefer to go through it with one of our advisors, feel free to contact our helpline.

Click here to download the form

For more information

Monthly summary – October 2020

Welcome to our monthly summary for October 2020.

This provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to people with a criminal record.

Have you stumbled across this? You can receive updates to your inbox every month for free by signing up to our mailing list (make sure you choose to receive ‘news for people with convictions’).

Updates to our information site

Here’s a summary of the updates that we’ve made to the information hub. There are links within each update to where you can find more information.

Coming to (and staying) in the UK

  • Settled status: What you need to know if you are an EU citizen and have a criminal record – We’ve published new information about the EU Settlement Scheme for applicants with a criminal record which includes details of organisations that can provide specialist advice.

Travelling abroad

Work and volunteering

  • Becoming a police officer – We’ve updated this page to include links to, and information from, the 2017 Police Vetting Code of Practice which has replaced the 2012 policy.

theRecord posts

Below are links to recent posts to our online magazine, theRecord. These are often linked to the practical information that we have, to help give some personal experiences.

Success – How can one question determine your career opportunities – “The two words all prisoners hear, and most fear. These two words happen at the same time every day/week during their stay behind the walls. It is the time when they are left alone with their thoughts and realise that life goes on without them. It is then, and only then, that they can commit to taking action upon release …..”

Struggles and stigma – Organisations can’t be diverse or inclusive until HR professionals recognise the value of people with convictions – “I’ve been a nurse for over 11 years and have worked in the same hospital department for the last 10 years. One of the great things about working as a nurse and, in particular, being part of the NHS was the fact that there was always the opportunity for career progression …..”

Discussions on our online forum

Below are links to recent posts on our online forum. If you’d like to join the discussion but are not currently a forum member, find out how you can join here.

Royal ‘pardon’ for outstanding bravery – This month it was announced that following his act of outstanding bravery, Stephen Gallant would be referred to the parole board 10 months earlier than he would otherwise have been. Our forum members are of the opinion that this is the right call. Let us have your thoughts.

Sentencing – Are they too harsh/lenient? – Simmo asks the question “How do you feel about sentencing as a whole? Are sentences always fair and just?” Tell us about your experience of the criminal justice system.

Other news and developments

Below are links to other news and developments that might be of interest to people with a criminal record. For more news, check out the news and media section of our main website.

Our autumn newsletter – What we’ve been up to

We’ve published our autumn 2020 newsletter which provides an update of the news at Unlock in the last 3 months.

Criminal records webinar – Wednesday 2 December

Our criminal records webinars are useful for anybody helping people with convictions who are applying for work or those working in recruitment/HR responsible for making recruitment decisions. Find further details here.

Monthly update – October 2020

We’ve just published our update for October 2020.

This months update includes:

  1. New information about the EU Settlement Scheme for applicants with a criminal record.
  2. An advice post on travelling to the EU after 1 January 2021.
  3. A personal story from James setting out his experiences of applying to university with a criminal record.
  4. A link to a discussion on theForum around sentencing and whether sentences are considered fair and just.
  5. A link to our autumn 2020 newsletter which provides an update on the news at Unlock in the last 3 months.
  6. Details of our next criminal records webinar on Wednesday 2 December 2020.

 

The full update provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to individuals with a criminal record.

Read the October 2020 update in full.

Best wishes,

Unlock

Notes

Travelling to the EU after 1 January 2021

Back in January 2019, we published an advice post, travel to the EU post-Brexit which set out our understanding of the European Travel Information and Authorisation System (ETIAS) in particular, questions relating to criminal records.

The ETIAS form will ask applicants to disclose convictions relating to specific offences over the previous 10 years (20 years for terrorist offences) and we would therefore expect most applicants to be automatically approved.

However, Home Secretary Priti Patel’s recent announcement (22 October) that “EU criminals could be banned from entering the UK under tighter border rules” has led to our helpline receiving calls from individuals concerned that this announcement could lead to the EU implementing similar requirements for UK citizens travelling to the EU.

EU citizens coming to the UK

The changes laid out mean that from 1 January 2021, EU citizens will be subject to the same rules that apply to non-EU citizens, namely:

  • Those sentenced to at least one year in prison will be banned from entering the UK
  • Those sentenced to less than one year in prison could also be banned, with the Home Office taking into account a person’s criminal record as well as their links to the UK, such as family members
  • Individuals who haven’t received a prison sentence could be banned from entering the UK, if
    • Their offending is persistent or causes serious harm (such as sexual offences)
    • It is decided that their presence in the UK is not conducive to the public good, or
    • They have a criminal conviction of any kind in the past 12 months and are seeking to enter the UK for the first time.

EU, EEA and Swiss citizens arriving in the UK on or before 31 December who wish to work, study or visit and want to stay in the UK after 30 June 2021 should apply to the EU Settlement Scheme upon arrival in the UK. We have information on that here.

UK nationals travelling to the EU

As it stands, there is no long-term agreement with the EU on trade and some other key areas when the transition arrangement expires. The UK faces losing access to the European Criminal Records Information System (ECRIS) which means it will not be possible for UK authorities to check the criminal record of an EU citizen. Likewise, should a similar system be implemented by the EU, the criminal record of UK travellers couldn’t be checked either. Unless an agreement is reached with the EU in relation to the sharing of criminal record data, the system will be reliant on an individual’s honesty when self-disclosing.

Whilst visitors from the UK could, in theory, be asked to provide a police certificate to evidence their criminal record, this would increase the cost of a family holiday and is probably unlikely to get agreement from countries in the EU who are reliant on tourism.

There are still a lot of arrangements which need to be finalised before the transition period ends at the end of this year (travel included) and we will publish more details as we become aware of them.

Monthly summary – September 2020

Welcome to our monthly summary for September 2020.

This provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to people with a criminal record.

Have you stumbled across this? You can receive updates to your inbox every month for free by signing up to our mailing list (make sure you choose to receive ‘news for people with convictions’).

Updates to our information site

Here’s a summary of the updates that we’ve made to the information hub. There are links within each update to where you can find more information.

Work and volunteering

  • A-Z of job roles and their eligibility for basic, standard and enhanced criminal record checks – We’ve updated some of the information on this page and set out the job roles in an easy to navigate spreadsheet.
  • Moving on: Criminal record checks for employment – We’ve written a further article for InsideTime providing information on the type of criminal record checks employers carry out and what’s disclosed on them.

theRecord posts

Below are links to recent posts to our online magazine, theRecord. These are often linked to the practical information that we have, to help give some personal experiences.

Success – I’m following a different path but looking forward to the journey – accepted to study at university – “I don’t think I’m a bad person but I’ve definitely made some bad choices. Unfortunately, it was one of these which led to a conviction for assault and a 12-month suspended prison sentence. I acted without thinking and will always regret what I did but I can’t change that now …..”

Struggles and stigma – Google, “Do the right thing” – don’t take my spent conviction into account when making recruitment decisions – “I’ll start my ‘story’ back in 2017 when I was a serving police officer, a role I enjoyed and took great pride in. That year, whilst on holiday in Germany with my then partner, she reported me to the local German police following a domestic incident. It took the German police approximately 18 months to consider my case at which time I was given the option to attend a court hearing in Germany or pay a fine …..”

Success – “Computer says no” – appealing the disclosure of my spent conviction – “Nine years ago I entered a guilty plea for the possession of indecent images and was sentenced to a 3 year community order, an SOR notification requirement for 5 years and a Sexual Offences Prevention Order for 15 years. I complied with all the requirements expected of me and last year the police supported my application to the court to reduce the length of my SOPO to 5 years …..”

Discussions on our online forum

Below are links to recent posts on our online forum. If you’d like to join the discussion but are not currently a forum member, find out how you can join here.

Is this a small step forward? Disclosure amendments – looking forward to hearing what will be ….. – JASB has started a discussion around the government’s White Paper, ‘A smarter approach to sentencing’. This sets out the government’s proposals for changes to sentencing and release from prison in England and Wales. Let us have your thoughts on the proposed changes.

The dreaded “can we have a chat” – Square has posted details of a recent experience at work when, following a call from an anonymous ‘whistleblower’, his spent conviction was disclosed to his HR director. Has anybody else had similar experiences?

Other news and developments

Below are links to other news and developments that might be of interest to people with a criminal record. For more news, check out the news and media section of our main website.

Introducing two new team members

In September Unlock welcomed two new colleagues to the team; Sam Doohan – our first policy officer and Ruth Davies – our first digital and communications manager.

Unlock’s response to Ministry of Justice plans to make reforms to the Rehabilitation of Offenders Act 1974

Following the announcement that the Ministry of Justice was planning to make changes to the ROA and the disclosure of criminal records, Christopher Stacey, Unlock’s co-director has commented on these changes and highlighted the continuing need for a root-and-branch review of the criminal records regime.

Better advice and information could increase employers’ confidence in hiring people convicted of sexual offences

Unlock has published a report with the Prison Reform Trust, Thinking Differently, exploring employers’ attitudes towards hiring people convicted of sexual offences. Read more and download the report here.

Open letter to Ministers Victoria Atkins and Chris Philp

After learning that the timetable for implementing changes to the filtering system are likely to be delayed for several months due to the DBS needing more time to prepare their systems, Unlock, together with Liberty and Just for Kids Law have written to the ministers responsible. Read the letter here.

Scottish Government reforms criminal record disclosure

We’ve set out details of the reforms made by the Scottish Government to their criminal records regime.

We want to make sure that our website is as helpful as possible.

Letting us know if you easily found what you were looking for or not enables us to continue to improve our service for you and others.

Was it easy to find what you were looking for?

Thank you for your feedback.

12 million people have criminal records in the UK. We need your help to help them.

Help support us now