The Rehabilitation of Offenders Act 1974 allows certain former prisoners the right to say 'no' when potential employers ask if they have a conviction.

Under the act all offenses under two and a half years eventually become spent, with most of the convictions taking under five years for this to happen. The rehabilitation period for each offence will expire separately and once a conviction is spent it will remain spent, regardless of whether there are other later offences.

Under the terms of the Act, an employer does not have grounds for not employing or sacking a person with a spent conviction. If an employee can prove they have been sacked after their spent conviction was revealed after a year of employment they can claim unfair dismissal under the employment legislation.

However, convictions over two and a half years will never become spent and former prisoners will have to give full disclosure to potential employers if they are asked.

The act does not help with certain jobs. For instance, jobs where the former prisoner would be working with the vulnerable or elderly or if the individual is seeking employment in a job that includes legal protection, jobs that involve the administration of justice or jobs where national security may be at risk.