10 Professions Where a Criminal Record Can Be an Obstacle

Having a criminal record by no means always means that a person will be unable to work. For a number of professions, however, the law sets special requirements for candidates. In some cases it is precisely a conviction, or particular categories of criminal offence, that can become grounds for refusing employment.

Let us look at the most common professions for which this question matters.

1. Police officer

For service in the National Police the law requires candidates of impeccable reputation. A criminal record may be an obstacle to joining the service.

2. Prosecutor

Persons applying for the position of prosecutor must meet the requirements of the Law of Ukraine “On the Prosecutor’s Office”. One of them is the absence of the circumstances related to a criminal record that are defined by law.

3. Judge

Candidates for judicial office undergo special vetting, and the integrity requirements applied to them are among the strictest of all.

4. Civil servant

For certain civil service positions the law also provides for restrictions on persons who have a criminal record or have been convicted of particular criminal offences.

5. Law enforcement officer

Similar requirements are set for candidates to other law enforcement bodies, where a check against the statutory criteria is mandatory.

6. Notary

The Law on Notaries contains special requirements for persons entitled to carry out notarial activity. In certain cases a criminal record may become an obstacle.

7. Advocate

When a person obtains the right to practise as an advocate, the requirements of the relevant legislation are taken into account, in particular those concerning certain categories of convictions.

8. Employee with access to state secrets

Positions that involve access to restricted information require special vetting, during which the requirements of the legislation are taken into account.

9. Employee of certain educational institutions

For certain positions connected with the teaching and upbringing of children, the legislation may also set restrictions depending on the type of criminal offence.

10. Employee of certain social institutions

In the field of social protection, guardianship and work with vulnerable groups of the population, special requirements regarding the absence of convictions defined by law may also apply.

Does this mean you cannot work with a criminal record?

No. The list above concerns only those professions for which the law sets special requirements.

For most vacancies in the private sector – in trade, manufacturing, logistics, IT, construction, services and many others – there is no general ban on employment.

At the same time, every situation calls for consideration of:

• whether the conviction is still in force;
• whether it has expired or been expunged;
• the specific offence the person was convicted of;
• the requirements the law sets for the particular profession.

This is precisely why the same conviction can have different consequences for different positions.

If you are planning employment after a criminal record and are not sure whether restrictions apply to your particular profession, it is worth obtaining legal advice. The lawyers of the Strategic Advocacy bar association will help you analyse your situation, explain the requirements of the legislation and advise whether a criminal record may affect employment in your case.