New legislation came into effect at the end of October 2023 which has reduced the period of time during which criminal convictions are legally required to be declared to employers. Under the previous legislation it was necessary for some offenders to disclose their convictions for the rest of their lives, which was seen as a barrier to employment. The Government has suggested that these changes should make it easier for over 120,000 former offenders to find work.
The table below sets out a summary of the changes:
| Length of custodial sentence for adults | Previous length of time to disclose | New length of time to disclose |
| Custodial sentence of over 4 years | Never spent | 7 years |
| Custodial sentence of 2 ½ years – 4 years | 7 years | 4 years |
| Custodial sentence of 1 – 2 ½ years | 4 years | 4 years |
| Custodial sentence of 6 months – 1 year | 4 years | 1 year |
| Custodial sentence of up to six months | 2 years | 1 year |
However, it still remains the case that some convictions are never
spent, e.g. convictions for serious violent, sexual and terrorism
offences and stricter disclosure rules will continue to apply for
jobs involving work with vulnerable people.
In light of these changes, employers will need to make sure any relevant forms and systems are updated to reflect the new time periods.
Originally published by 14 November, 2023
© Copyright 2023. The Mayer Brown Practices. All rights reserved.
This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.
Visit us at mayerbrown.com
Mayer Brown is a global services provider comprising associated legal practices that are separate entities, including Mayer Brown LLP (Illinois, USA), Mayer Brown International LLP (England & Wales), Mayer Brown (a Hong Kong partnership) and Tauil & Chequer Advogados (a Brazilian law partnership) and non-legal service providers, which provide consultancy services (collectively, the "Mayer Brown Practices"). The Mayer Brown Practices are established in various jurisdictions and may be a legal person or a partnership. PK Wong & Nair LLC ("PKWN") is the constituent Singapore law practice of our licensed joint law venture in Singapore, Mayer Brown PK Wong & Nair Pte. Ltd. Details of the individual Mayer Brown Practices and PKWN can be found in the Legal Notices section of our website. "Mayer Brown" and the Mayer Brown logo are the trademarks of Mayer Brown.
