Past Convictions
Criminal Records and Employment. The Rehabilitation of Offenders (Northern Ireland) Act 1978 gives a person who has been convicted and has served his sentence or fine the right to be treated as if the conviction had not happened.
The convictions become spent after a period of time. After that time has lapsed, he is entitled to answer no to questions about conviction.
The length of time concerned before the conviction becomes spent is lesser for convictions of persons under 17. Over 17, the position is as follows: absolute discharge, six months; probation, supervision, care order, conditional discharge binding over, one year; attendance centre order, one year; hospital order, with or without restrictions, five years or three years after the order expires; minor community service, five years; prison of six months or less, seven years; prison for more than six months but less than two and a half years, 10 years.
Equivalent periods for younger persons for fines, community service orders, imprisonment are half the above length in each case.
The Rehabilitation of Offenders Order does not apply to certain employments and offices, professions. It does not apply to applications for certain licenses, certificates, and registrations and in certain judicial proceedings. In these cases, a person does not enjoy the protection of the Order, and a prospective employer may be justified in refusing employment or, in some cases, dismissal.
- Judicial office,
- employment in the DPP,
- employment in the civil service, police, army,
- employment in the Prison Service, traffic wardens, probation officers;
- employment of any type, paid or unpaid, which involves access to persons under 18, employment connected with the provision of social services to the young, old, mentally or physically handicapped, chronically sick or disabled; employment concerned with the provision of health services within the NHS,
- emplyment which involves access to patients,
- firearms dealer, director, controller, manager of an insurance company or;
- employment providing investment insurance and financial services; director or officer of a building society;
- employment in homes for persons in need;
- occupations with a certificate of fitness to keep explosives.
A person may be asked to disclose spent convictions in these cases. He must be warned when the question is asked. Questions would be asked on the grounds of safeguarding national security, protection, public safety, and order.
The excepted professions in respect of which convictions may be taken into account in considering a person’s suitability for admission as such, include a medical practitioner, barrister, solicitor, chartered accountant, certified accountant, dentist, dental hygienist, dental auxiliary, nurse, midwife, veterinary surgeon, ophthalmic optician, dispensing optician, pharmaceutical chemist, registered osteopath, range of medical professions. A person may be refused admission to the role on the basis of a spent conviction in the above cases.
Criminal records will disclose details of cautions, although they are not criminal offences.
If a person is convicted of another offence during the rehabilitation period, the new period may affect the periods depending on the offence and the sentence imposed. If the second conviction is for a minor offence, which can only be tried in a magistrate’s court, it does not affect the rehabilitation period for the first conviction.
If it is an indictable offence, then neither conviction is spent up to the rehabilitation period for both is over. If, in the second conviction, the person is given a sentence of more than three years, neither offence will ever become spent.
A person with access to criminal records may not disclose spent convictions except in the course of official functions. A person who has been convicted may obtain information on police records through the data protection legislation.
Criminal records remain held even though a conviction is spent. The practice under the police national computer is to delete offences after 20 years. However, they will not be deleted if there is evidence of mental illness, prison sentences more than six years, indecency, or serious offences.
The Department of Health, Social Services, and Public Safety and Education maintain records of persons unfit to work with children or vulnerable adults. An employer must undertake a detailed background check in any such case. He has to verify that record of convicted sex offenders.