Crime Disclosure Period May Be Cut

The period in which some offenders are required to disclose their convictions to employers could be shortened to three years under Scottish Government plans.

Published 20th May 2015

The period in which some offenders are required to disclose their convictions to employers could be shortened to three years under Scottish Government plans.

Ministers are considering making the change from four years in a bid to reduce re-offending rates by helping criminals find work.

Three-quarters of employers admit to discriminating against those with previous convictions when they are recruiting new staff, with the Scottish Government saying it is eight times harder for offenders to find work.

Paul Wheelhouse, Minister for Community Safety and Legal Affairs, said: It is clear that if we are serious about reducing re-offending in Scotland's communities, we need to do more to support people back into work after they've repaid their debts to society.''

Reducing the period where past crimes have to be disclosed from four years to three for more minor offences brings Scotland in line with England and Wales.

But Mr Wheelhouse stressed the change would not apply to those who had committed more serious crimes and were sentenced to four years or more in jail, and those wanting to work in certain jobs such as with children or the elderly.

He was speaking as the Scottish Government hosted its Working2Change conference in Edinburgh, with the event focused on how best to help offenders find work after they have served their time.

Mr Wheelhouse said: It is absolutely right that those who have committed crimes serve their sentences, but it is equally important that once those who have committed crimes have paid back, they are allowed to try and move on with their lives in a positive way.

We know that getting people back into a job drastically reduces their chances of re-offending as it gives them financial security, a stable environment, routine and improves their self-esteem. Often, these individuals also have children and families to support, so by improving access to employment not only benefits those with criminal convictions, but wider society too, and reduces inequality.''

But he added: Let me be clear, this consultation is about getting the balance right between protecting the public and enabling those people with previous criminal records to enter the workforce. This is not a proposal that will affect those who work with children or the elderly - they will still be subjected to the same existing levels of protection.''

The Scottish Government is to consult on changing the Rehabilitation of Offenders Act 1974 to shorten the time frame for disclosing convictions to employers.

Mr Wheelhouse said: With one in three men in Scotland having previous criminal convictions, the issue of disclosing these convictions for longer than is necessary needs to be addressed and we need to take a more sophisticated and progressive approach.''

Sir Harry Burns, professor of global public health at the University of Strathclyde, said: A criminal record can make it impossible to lead a normal life. Having a job, however, enhances a person's ability to take control and live normal, productive lives. They are far less likely to re-offend and ultimately we all stand to benefit when our communities are more inclusive.

Children who experience adversity in early life often have problems relating to others and, as a result, they are much more likely to end up with a criminal conviction.

The Working2Change summit is an opportunity to start to change perceptions and to remove the barriers for one of the most marginalised groups in Scotland. I am very excited about the discussion and possible solutions that might emerge.''