The criminal records of some job applicants could be kept from potential employers under a review of rules by the home secretary after a supreme court ruling deemed them “disproportionate”.
Sajid Javid said the government needs to “look again” at how much is revealed about people who have committed certain crimes when they apply for jobs.
Currently anyone with more than one conviction automatically has details shared with potential employers, no matter how much time has passed and even if both crimes were carried out when the person was under 18.
The rethink by the Home Office and Ministry of Justice follows a law commission inquiry which called for a wide-ranging review and supreme court ruling in favour of three people who said the rules had negatively impacted their lives.
Javid said: “One thing I am looking at, to give you one example, is the disclosure service, youth criminality disclosure, and whether we can look again at the approach that is sometimes taken there.
“So for example if a young person today has committed two offences, no matter what they are, so could be twice they shoplifted when they were 11 and 12 or something, that record can linger for years and years when they are an adult.
“They may find they are never getting a proper chance to turn around, I think we need to be sensible and look again at issues like this.”
He shared details of the rethink after a speech in east London in which he said he “could have actually turned out to have a life of crime” as a youngster.
In January, the Supreme Court rejected a government appeal against a human rights ruling won by individuals who said their lives were unfairly haunted by past minor convictions.
The judges found the scheme was “disproportionate” after the Home and Justice secretaries challenged a Court of Appeal judgement in 2017 over the legality of the scheme.
The rules cover jobs such as law or accountancy, and those working with children or vulnerable people like youth workers or teachers who have to undergo “enhanced” or “standard” checks on their criminal records.
Other employers are only covered by “basic” level checks which means prospective employees do not have to disclose even prison sentences after a specified period when they become “spent.”
For prison terms of six to 30 months, offences become “spent” after two years, and for jail terms of 30 months to four years, they are “spent” after four years.
Cautions and convictions are disclosed on these checks, even when they have become spent under the Rehabilitation of Offenders Act 1974.
In 2015/16, more than 241,000 people had a caution or conviction included on an official disclosure from the DBS, according to data obtained by Unlock, a charity which campaigns for reform.
In 5 years alone, the charity found nearly half a million childhood convictions were disclosed that were from over 30 years ago when the person was under 18. This represents almost half of all childhood convictions disclosed.