NI expands spent conviction disclosure on 17 Feb 2026

From 17 February 2026, Northern Ireland is widening when recruiters can ask about spent convictions. The Department of Justice has made a short Order that takes effect on that date, following signature on 3 February 2026 by Justice Minister Naomi Long, as recorded on legislation.gov.uk. The aim is to clarify disclosure in roles that work closely with victims, offenders and vulnerable people.

Two new exceptions are being added to the long‑standing 1979 Exceptions Order. First, anyone checking the suitability of an individual to act as an adult restorative justice practitioner may ask about spent convictions, so long as the person is told at that moment that spent matters must be disclosed. Second, a person who wants to employ or engage a self‑employed person, or a personal employee, for specified work with children or vulnerable adults may also ask about spent convictions on the same “you must be told” basis. Protected convictions remain off‑limits.

Let’s pause on language you’ll see in forms. A spent conviction is one you would usually not need to reveal. A protected conviction is different: it is a spent conviction that the law says must not be disclosed even for many sensitive roles. In Northern Ireland, the protected category is set out in Article 1A of the 1979 Order and was widened in 2019 so that more than one old, minor offence can be protected, subject to strict criteria. This sits alongside AccessNI “filtering”, which removes certain old/minor information from standard and enhanced certificates. (legislation.gov.uk)

What does “adult restorative justice practitioner” mean in practice? These are people and organisations who bring those harmed by crime and those responsible into safe, structured conversations to repair harm. The Department of Justice published new Practice Standards and an Accreditation Framework in October 2025, signalling a more formal route for practitioners who deliver services on behalf of the justice system. The new disclosure rule ensures those roles are vetted with the same clarity as other safeguarding work. (justice-ni.gov.uk)

What about the self‑employed or personal employees? The Order allows questions about spent convictions when you seek to hire someone directly for certain regulated or controlled activities with children or vulnerable adults. Think of private arrangements such as a personal assistant in a home setting or a self‑employed coach working with under‑18s. The exact categories are defined in the 1979 Exceptions Order’s schedules and related safeguarding law; the key point is that when the work falls into those categories, spent convictions can be asked about, but only after you are clearly told they must be disclosed. (legislation.gov.uk)

A vital safeguard remains: recruiters must tell you at the time of asking that, because of the Exceptions Order, spent convictions are to be disclosed. If they do not say this, you are not under that legal duty. Even when properly asked, a protected conviction still does not have to be revealed. This balance-targeted transparency plus clear limits-is a feature of the 1979 framework. (legislation.gov.uk)

How do you know if something is protected? In general terms, a conviction may be protected if it is not on the specified offences list, did not lead to a custodial or suspended sentence, and enough time has passed. AccessNI guidance explains the timeframes that also inform what gets filtered from checks: for adults, non‑specified convictions are typically filtered after 11 years; for under‑18s, after five and a half years; cautions sooner. Serious, specified offences and anything with custody are never filtered or protected. Always check the detail before you answer a disclosure question. (nidirect.gov.uk)

If you are applying for one of the affected roles, plan your next steps. Read the question carefully and note the warning that spent convictions must be disclosed. Consider a basic or standard/enhanced AccessNI check to see what is likely to appear. If you believe a conviction is protected, you should not disclose it even when asked-raise this with the recruiter or the AccessNI disputes process if needed. This explainer is information, not legal advice. (nidirect.gov.uk)

If you are an employer or a community group, update your recruitment pack now. Make sure your forms and interviews include the required wording that spent convictions must be disclosed under the Exceptions Order, and train panel members not to ask for protected convictions. Handle any information lawfully and fairly under data protection rules and stick to what is relevant to the role.

Why now? Northern Ireland has been building a clearer framework for adult restorative justice, including a strategy launched in 2022 and accreditation in 2025. Extending the Exceptions Order brings those practitioners-and certain direct‑hire roles with children and vulnerable adults-into line with existing safeguarding expectations, while keeping the protected‑convictions safeguard. That’s the trade‑off: robust checks alongside a real route back into work for those with old, minor offences. (justice-ni.gov.uk)