JOB applicants will not have to declare all previous criminal convictions to potential employers from tomorrow. People convicted of minor offences who have not reoffended will, in the main, be spared from disclosing them.

Under the new Rehabilitation of Offenders Law, employers have the right to request basic criminal checks on any potential employee.

It also prohibits the disclosure of any criminal convictions considered spent under the law, except in a number of circumstances.

‘Guernsey is coming up to date with most other developed countries in recognising the fact that if people break the law when they are young and inexperienced and thoroughly regret that and show that they have been rehabilitated, they don’t have to carry the stigma of it for the rest of their lives,’ said data protection commissioner Dr Peter Harris.

Dr Harris said extensive consultation with businesses had taken place in the build-up to the legislation. He said it had been going on for at least five years and that businesses had realised the benefits.

Approved Personnel Group managing director Gina Le Prevost said the new law could encourage those who were afraid to apply for further employment because of minor criminal convictions.

‘People would possibly stay in a job because they think they might be looked down upon. Now they might think they can go for further employment. We would encourage that, as an employment agency.’

Ms Le Prevost said jobs in finance already required stringent checks and that honesty was the best policy when making applications.

Chartered Institute of Personnel and Development chairman Karen Martin said the law would streamline the appointment process for employers.

Mrs Martin said it would protect applicants with spent convictions in areas where it was appropriate to not include them in a check.

She added that employers would be under stringent controls over the holding of information.

‘As the legislation comes in, so does the requirement for employers to have someone to look after the information. It must be kept under lock and key and be kept for a period of time, then destroyed so that it does not fall into the public domain,’ said Mrs Martin.

Unauthorised disclosure of a spent conviction is a criminal offence.

Guernsey International Business Association chairman Bob Moore said: ‘The matter has been considered and we felt that the law, as it was coming into effect, was perfectly acceptable from the financial industry business viewpoint.’

Local employer Specsavers issued a statement saying: ‘Specsavers support the new law and believe it is a very positive step to give people a second chance and the opportunity to secure gainful employment and reintegrate into society.

‘We believe that it is the legal system’s responsibility to mete out punishment and not that of employers. Specsavers has aligned its recruitment processes with this legislation ahead of the game in recognition of it being the right step forward.’