Beyond The Record: How To Approach Criminal Record Disclosures With Empathy

It is estimated that 1 in 4 people in the UK of working age has a criminal record. This means you are likely to interview someone who needs to disclose their criminal history to you when you are recruiting.

 

The adult care sector and criminal record disclosures

It is important to note that having a previous conviction does not mean someone is automatically unable to work in the care sector. Only people on the DBS barred list (for vulnerable adults) are not legally allowed to work in the adult care sector, so it’s up to your discretion and your internal risk assessment processes to make these decisions. In fact, at Working Chance, we have found that a substantial number of the women we support seek employment in support work or within the care sector.

For most roles in other sectors, employers are not legally required to ask candidates about their criminal record. However, in the care sector, many positions require an Enhanced DBS check, meaning candidates may choose to disclose a conviction voluntarily to be open and honest with you before the checks take place.

This is why it is important to understand the challenges of disclosing, what to do if someone discloses a conviction to you, and the issues around Googling someone.

 

The challenges of disclosing

Disclosing criminal records can be an extremely difficult experience. In many instances, the circumstances behind someone’s offending may relate to pain, trauma, or abuse that they’ve experienced. Even discussing their offence(s) can be distressing – forcing individuals to relive painful periods in their lives, which may be deeply triggering.

Many talented and qualified people with criminal records avoid applying for jobs due to the shame and embarrassment they feel associated with their past, as well as the fear of being judged or ‘retried’ by potential employers for their past mistakes.

 

 “It’s one tiny bit of my past, a blip, but I’m going to have to go over it all again every time I apply for a job.”
– Hannah, Working Chance client

 

At the same time, hearing these disclosures can also be challenging or distressing for hiring managers. At Working Chance, we have heard of instances where interviewers have become emotional or even had to pause an interview because of how upset they were when listening to the disclosure. While this reaction may be uncontrollable or a reflex, it is unprofessional and can make an already difficult situation even more uncomfortable for the candidate.

This is why dealing with criminal record disclosures objectively, sensitively, and with empathy is crucial.

 

What to do if someone discloses a conviction at interview

When gathering information about convictions, you should do it in a way that encourages honesty, provides the applicant with plenty of opportunity to explain the context, circumstances and any mitigation surrounding their offences, but that also minimises any potential distress for the candidate or you as the interviewer.

If someone discloses a conviction verbally at interview, here are some things to remember:

• The shame and perceived stigma of having a criminal record is really difficult to talk about. Thank them for being open and sharing with you.
• Feel free to show empathy but stay professional.
• Be aware of your visible reactions and body language.
• If someone is over-sharing the details of their conviction (in a way you feel is detrimental to their emotional wellbeing) try to gently and diplomatically intervene.
• Keep details of a disclosure strictly confidential unless someone else (e.g. in HR) has to be informed.
• Remind them that you’re interested in hearing about their strengths, and you want them to do well at interview. Take into account relevant transferrable skills and value these.
• Don’t treat them as fragile.
• Resist the temptation to Google news stories about someone’s convictions

The ‘Google Effect’

The last point above is incredibly important as it highlights the issue of information about someone’s conviction being in the public domain, rather than private – an issue known as the ‘Google Effect’.

The ‘Google Effect’ can present challenges for candidates, employers, new recruits, and existing employees. This is for three main reasons:

1. Inaccurate – media coverage or social media posts are likely to be sensationalist and factually inaccurate so they can be used as ‘clickbait’
2. Out of date – a person’s conviction may have become spent[1] since the articles were written (meaning that the candidate does not have to disclose them to you, and it would be illegal to base a hiring decision on that conviction)
3. One-sided – Googling details, instead of listening to the person’s story, doesn’t give the candidate a fair chance to offer context or explain their side of the story

So, it can be hugely damaging to individuals and their families for information about their crime(s) to be on the internet for the rest of their lives.

 

“Articles online said I was convicted of an offence that was actually thrown out in court. The information wasn’t even correct, but they were still allowed to publish it.”
– Jade, Working Chance client

 

If you need to Google someone (e.g. as part of an internal policy or procedure), it’s imperative that you do not make recruitment decisions based on coverage of an offence. Instead, have a meeting with them and give them a fair opportunity to learn the facts, get more context about the information, and address any concerns that you may have.

Once someone is in post, if you discover that colleagues are searching online, gossiping, or bring information about an employee’s conviction to your attention, this may constitute bullying or harassment, and you should consider whether disciplinary action is appropriate.

We hope this information has given you a better understanding of the challenges of disclosing, what to do if someone discloses to you, and the issues of the ‘Google effect’. People with convictions are fantastic employees and can bring so much to the teams they work in. If you can navigate through these processes effectively, we are confident that you will bring in great members of staff.

If you would like to hear more about any of the information in this blog, please do read Hiring with Conviction or reach out to us at info@workingchance.org.

[1] The vast majority of roles in England and Wales are covered by the Rehabilitation of Offenders Act 1974 (ROA) which allows conditional cautions and convictions to be considered spent (‘legally ignored’) after a specified period of time. This is legally known as the ‘rehabilitation period’; in practice it is a disclosure period.