Can you work in a school with criminal convictions? (2023)

What convictions stop you working in a school?

Violent behaviour towards children or young people. A sexual, or otherwise inappropriate relationship with a pupil (regardless of whether the pupil is over the legal age of consent) A sexual offence against someone over the age of 16. Any offence involving serious violence.

However, if you have a conviction or caution of any kind, what will be worrying you right now is how employers (schools) that you are currently applying to will view your application. Minor convictions are almost always not considered serious enough to deem a person unsuitable for teaching.

So when does a criminal record stop you getting a job? Serious crimes involving violence or sexual abuse are likely to prevent you from working with children or vulnerable adults, whilst crimes involving fraud or theft may prevent you from getting a job involving finance or cash handling.

Yes, you will have to disclose this to your employer if you accept a caution. But they won't have to dismiss you. The presence of convictions or cautions on a DBS check does not automatically bar you from working with children. The question is whether or not the caution is relevant to your employment.

Educators or teacher candidates who have jeopardized the safety of others and been convicted of related crimes will not be allowed to receive certification in many states. Making a terrorist threat, kidnapping a child or adult, and stalking someone can also result in the denial of teacher certification.

Misdemeanor or felony convictions for crimes of moral turpitude. Misdemeanor or felony convictions for crimes involving minor victims, including sexual offenses or abuse. Felony drug convictions. Misdemeanor or felony convictions for misappropriation of school property or funds.

If the person was 18 years of age or older at the time of the offense (i.e. legally considered to be an adult), then the conviction will be expunged from their record 11 years after the conviction date (not the offense date).

It all depends on the nature of the offence. Nursery workers and preschool staff will get a police check done via their employer. Self employed workers such as childminders will apply for their own.

Of course, candidates with very serious convictions; such as murder, robbery with violence, serious sexual assault, dealing in Class A drugs and any at all involving violence against children or vulnerable adults, would normally have been weeded out as 'unsuitable' at an initial DBS check.

Being refused a job

There is no legal concept of 'discrimination on the basis of having a criminal record', as there is for discrimination on the grounds of age or disability. Your treatment, therefore, will only create a legal claim if it would do so for someone without a criminal record.

What causes a red flag on a background check?

If there is a felony on your criminal record, it could be a red flag for employers. A history of violent crimes, sexual offenses, robberies, or serious drug offenses can make it difficult to pass a background check. However, it can still be possible to get a job even if you have a criminal history.

You only have to disclose your record to an employer if they ask you. Many employers ask at some point and if your convictions are unspent, you legally need to disclose them. If an employer asks and you don't disclose, they could later revoke the job offer or you could be dismissed.

If over 18 at the time of the offence, a conviction will be filtered 11 years after the date of the conviction, and a caution 6 years after the date of the caution, provided that the applicant did not go to prison, has not committed any other offence and the offence was not of a violent or sexual nature.

The decision to administer a caution instead of to prosecute is a serious decision to take and before it is taken it must be clear that; (a) the offence is of a kind appropriate for consideration of a caution, and (b) the offender is deemed to be a person suitable for consideration.

In simple terms, it is when a warning is issued by the Gardai for minor offences. The scheme is an alternative to a District Court prosecution. The benefits to the individual are obvious, it means no criminal conviction. Adult cautions are not disclosed in Garda vetting reports or police certificates.

Criminal history searches—whether at the county, state, or federal level—are central to most employee and teacher background checks. Schools look for a history of violence, sexual abuse, child abuse, or neglect – though other crimes, including drug offenses, may also be considered red flags.

' George Bernard Shaw's 'Man and Superman'. The phrase from Shaw's drama series written in 1903 has survived the test of time to become a consistent irritation to teachers far and wide.

Tenure, simply put, is a safeguard that protects good teachers from unfair firing. Once a teacher is granted tenure — a right that must be earned after three years or more of service, oversight and evaluation — a teacher cannot be fired without a fair hearing. Tenure does not mean a job for life.

Applicants for certification who have a conviction or deferred adjudication for a felony or misdemeanor offense may be ineligible for issuance of a certificate on completion of an educator preparation program.

How can I clear my criminal record?

You can apply to have your criminal record expunged when: a period of 10 years has passed after the date of the conviction for that offence. you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years. the sentence was corporal punishment.

There should be a 10 year interval between the date of conviction and the expungement application and you have had no other convictions and jailed without the option of a fine during the 10 year interval.

Depending on the role, employers may be required to check whether you have a criminal record. These roles will be subject to a satisfactory disclosure from the Disclosure and Barring Service (known as a DBS check).

Can You Work with Children with a Criminal Record? A criminal record does not bar an individual from working with young people or vulnerable adults. However, although employers can't turn anyone away for a having a criminal history, many employers are influenced a great deal by prejudice.