England and Wales propose limiting lifetime disclosure of childhood convictions to employers

What the proposals say

Some job applicants in England and Wales will be able to avoid telling employers about convictions received in childhood: the UK Ministry of Justice has published the relevant proposals, BBC News reports. Convictions of people sentenced before the age of 18 will no longer be shown in employer checks for life. The Ministry has also opened a consultation on softening disclosure requirements for a number of specific drug- and violence-related offences committed by children. According to the government, young people who have not committed new offences in adulthood face difficulties finding employment because of past behaviour.

How the rules are changing

Currently, the disclosure period for a conviction depends on the severity of the offence, the sentence and how long ago it occurred: for example, a fine issued to a person under 18 remains visible in checks for five and a half years, while a custodial sentence is disclosed for life. Under the new rules, five offences — affray, violent disorder, supplying a controlled drug to a child, robbery, and assaults occasioning actual bodily harm — will be removed from the list of offences disclosed for life in adult checks: they will stop being disclosed after five and a half years. According to the Ministry of Justice, around 8,500 minors were convicted of these offences between March 2022 and March 2026. The government attributes such offences to peer pressure, exploitation and 'adolescent impulsivity' rather than a general propensity for criminality.

Who the reform will not affect

Lifetime disclosure will also be abolished for offences carrying a custodial sentence of less than two years — the maximum available in a youth court; an 11-year disclosure period will be introduced instead. If a child received a sentence of more than two years — which is only possible when the case is heard by an adult Crown Court due to the severity of the offence — the rules will remain unchanged. The most serious offences, including grave violence, terrorism-related and sexual offences, are excluded from the reform. Among other proposals: reducing or abolishing the disclosure period for offences punished with a fine (mostly driving-related), ending the disclosure of out-of-court disposals (primarily knife possession and assaults), and reforming the display periods for earlier offences committed by teenagers who committed multiple offences. Justice Minister Jake Richards said: 'Many young people who commit offences do not go on to live a life of crime. They take responsibility, turn their lives around and want to achieve something. When that happens, we should recognise that progress and support them — not put up unnecessary barriers.'

Context: the Milburn report

The proposals were announced as the government prepares to publish the long-awaited report by former Labour minister Alan Milburn on the number of young people who are neither working nor studying. In May, he warned that the UK risks raising a 'lost generation': nearly one in eight young people is neither working nor studying. Richards cited this warning when announcing the criminal record disclosure reforms, noting that barriers to employment are 'particularly hard to overcome' for those who committed offences in childhood. According to the BBC, the Milburn report is, among other things, expected to propose cutting some benefits for people under 25, and the minister previously said that parents could lose benefits or face prison for their children's crimes.

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