DISCLOSURE
What is disclosure?
Disclosure is your obligation to tell potential employers about your prison sentence after release. It is very important to understand the rules regarding disclosure, as a failure to follow them can lead to serious consequences, including losing your job or even being recalled to prison.
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You only have to disclose your prison sentence if asked. However, most employers will ask about this at some point during the application process, so it is best to be prepared for this. If you are asked, you must disclose any unspent convictions as it is an offence not to.
After a period of time, your prison sentence may become ‘spent’. Once your sentence is spent, you will no longer have to disclose that conviction for most jobs. To work out if/when your sentence will become spent, you need to calculate your disclosure period. The next section will cover this.
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Please note that this web page provides only a brief summary of your disclosure obligations. For further information, please consult the Rehabilitation of Offenders Act 1974, contact your rehabilitation officer, or read Unlock's detailed guide here:
Calculating your disclosure period
How long you have to disclose your conviction for depends on the length of your prison sentence, and the age at which you were convicted.
Please note, your disclosure period is calculated according to how long you were sentenced for, not how long you actually spent in prison. If you were released early on good behaviour, for example, this therefore will not change or shorten your disclosure period.
Use the table below to calculate your disclosure period.
Length of prison sentence
6 months or fewer
6 months - 2.5 years, including 2.5 years
2.5 years - 4 years, including 4 years
Over 4 years
Age when convicted: 18 or over
2 years from end of complete sentence
4 years from end of complete sentence
7 years from end of complete sentence
Never becomes spent
Age when convicted: under 18
1.5 years from end of complete sentence
2 years from end of complete sentence
3.5 years from end of complete sentence
Never becomes spent
Your disclosure period officially begins on the date that you were originally supposed to be released from prison. You will therefore have to disclose from the time you were actually released until when you were supposed to be released, and then for your full disclosure period too.
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If your sentence was for over four years then it will never become spent and you will always have to disclose it. In this case, it is best to focus on how to disclose it in a positive way that minimises its impact on your job application.
How to disclose
Since most employers will ask about your unspent convictions at some point during the application process, we recommend practising positive disclosure. This is when you proactively offer information about your conviction. The advantage of doing this is that you can offer more information and therefore give yourself a chance to explain your situation, how you have changed, and why your conviction should not prevent you from getting the job.
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There are two main ways in which you can positively disclose: either in writing, or in person at interview. If there is a tickbox asking about previous convictions on the job application form, you should tick this but may then write next to the box that you will give details either in a separate letter, or in person at interview.
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Whichever stage you choose to disclose at, there are some key details that you may wish to include. The idea is to include any mitigating factors that may help to explain your conviction or how you have changed since the offence. The aim is to honestly convince the employer that you are worthy of their trust. Think about:
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How long ago were the offence(s)?
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Did you commit multiple offences, or just one?
- What were the circumstances at the time of your offence(s)?
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How have your circumstances changed since the offence(s)?
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How have you changed since the offence(s)?
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The idea is not to make excuses, but simply to explain and to engage the employer's empathy. Perhaps consider asking a trusted friend or family member to help proofread your letter or to practise the interview with you.
If you choose to write a letter, ensure to address it to the correct person and mark it as confidential, and keep a copy for yourself as evidence of your disclosure. If you disclose at interview, consider giving a written copy of the details as well so that there is evidence of your disclosure.