“Everyone deserves a second chance.” It sounds noble. But what does it truly mean in the real world – in law, in psychology, and in society?
Imagine a person who has served their sentence. Who has left prison. Who has gone back to school, rebuilt their life, become a better parent, and a responsible citizen. But when they try to find work – especially in regulated sectors – a second, silent sentence begins.
The law: Conditional forgiveness
In the UK, the Rehabilitation of Offenders Act 1974 (ROA) provides a mechanism for criminal records to become “spent” after a certain period – meaning they don’t need to be disclosed in most cases. But in regulated professions, this protection often dissolves.
Take the Solicitors Regulation Authority (SRA). While technically allowing those with spent convictions to apply, they require a detailed assessment of an applicant’s “character and suitability.” The result? Individuals must re-prove their worth, no matter how old or irrelevant their past offence may be.
The same applies to the General Medical Council, the Nursing and Midwifery Council, and similar regulators. Declarations of past convictions remain mandatory, even if the individual meets all training and ethical standards. Often, public perception is prioritised over personal reform.
“We’re not afraid they’ll reoffend. We’re afraid of what the public might think.”
Psychology: Internalised shame and systemic rejection
The psychological impact of these barriers is profound. People begin to see themselves through the lens of institutional rejection. In cognitive terms, it’s the reinforcement of a core negative belief: “I am not good enough, no matter what I do.”
Even the most resilient individuals begin to internalise the stigma – a form of secondary punishment with no expiry date.
Education and safeguarding: Blanket bans
In countries like the UK, France, Germany, or Lithuania, people with any past convictions are often automatically banned from working with children, regardless of the offence type or when it occurred.
While intended as safeguarding, this measure too often becomes blanket discrimination. It ignores the principle of proportionality and the evidence of personal growth.
Finance, insurance, and reputation-driven exclusion
In sectors where “trust” is currency – like finance, banking, and insurance – individuals are frequently denied entry based not on legal risk but reputational assumption.
“He had a criminal record – therefore, the risk is too high.”
This is not a legal judgment. It’s a branding decision by HR departments – one that institutionalises suspicion.
Broader employment: Hidden bans and silent exclusion
Even outside regulated sectors, employment barriers remain harsh. Logistics, transport, hospitality, retail, construction, warehouse operations, cleaning services – many of these sectors rely on automated vetting systems.
Job listings often contain the phrase: “No unspent convictions.” Applications are filtered automatically. Individuals are disqualified before they even get a chance to explain.
In practice, this leaves many capable, reformed individuals permanently excluded from economic participation. It’s not justice. It’s structural exile.
What do advocates say?
Unlock, a UK-based charity, estimates that over 12 million people in the UK have a criminal record. Their campaign #FairChecks argues for fairer disclosure rules and criticises outdated systems that keep people trapped in their past.
The Howard League for Penal Reform goes further, calling for a justice system that promotes reintegration, not perpetual marginalisation. Their research shows that many legal and institutional practices fail to recognise evidence of change.
Both organisations advocate not only for legal reform but also for cultural transformation – so that employment becomes a space of opportunity, not judgement.
A legal system that forgets to forgive
We claim to believe in second chances. But our laws and institutions still operate on the assumption that people can never truly change.
This is not only morally wrong, it is legally incoherent. A justice system that defines itself by punishment but fails to create pathways to reintegration becomes a tool of exclusion, not of balance.
From a psychological lens, these barriers reinforce alienation. From a legal one, they institutionalise inequality.
A call to conscience
To journalists, regulators, politicians, and employers: Do we truly believe in rehabilitation – or only when it’s convenient?
If one page of a criminal record can erase a lifetime of effort, then justice is no longer restorative. It becomes reputational apartheid.
It is time to separate risk from fear, and law from prejudice. It is time to let reintegration be more than a slogan. Let it be a right.
ABOUT THE AUTHOR
Reinoldas Sidlauskas is a criminal defence paralegal and member of the National Association of Licensed Paralegals (NALP). NALP is a non-profit membership body and the only paralegal body that is recognised as an awarding organisation by Ofqual (the regulator of qualifications in England). Through its Centres around the country, accredited and recognised professional paralegal qualifications are offered for those looking for a career as a paralegal professional.
