Disqualifying Convictions and Appeals Process
The Department for Transport (DfT) sets out in regulation a list of “disqualifying convictions”. These are specific offences which, when unspent, prevent a person from completing the background check required for certain roles in aviation. Disqualifying convictions are selected under the following criteria:
• Any convictions directly related to terrorism
• Convictions that may be inappropriate for someone working in the aviation industry (for example, immigration offences)
• Convictions over which someone could be subject to undue influence/coercion
• Convictions that call into question an individual's integrity and trustworthiness
Applicants will fail the criminal record check and be unable to undertake certain roles and functions in aviation, or be able to hold an airport identification card, if their Criminal Records Certificate (CRC) reveals an unspent conviction for a disqualifying offence. Under the Rehabilitation of Offenders Act 1974 (for England, Wales and Scotland) and the Rehabilitation of Offenders (Northern Ireland) Order 1978 (for Northern Ireland) criminal convictions can become spent or ignored after a rehabilitation period.
Please refer to Criminal Records Check – Disqualifying Convictions (CAP2159) which includes a list of the UK offences for which an unspent criminal conviction disqualifies the person from completing a background check.
For overseas criminal records, employers will assess any overseas information in conjunction with the disqualifying convictions list and associated guidance.
If a person has a disqualifying conviction on their record, they may apply for a Certificate of Disregard.
Appealing against a disqualifying offence
If the results of a criminal records check show a disqualifying conviction, then there are two potential routes for appeal:
If the applicant believes that the convictions shown on their record are not theirs, the criminal record is not theirs, or that the conviction shown on their criminal record are theirs but should be spent, then they should appeal direct to the body that provided the criminal records certificate (in the UK, DBS, Disclosure Scotland or Access NI).
• England and Wales - Request a basic DBS check
• Scotland - Disclosure Scotland Apply for basic disclosure
• NI - Access Northern Ireland Apply online for a basic check
If a person does have a disqualifying conviction, but they believe it should not prevent them from working in aviation then, under certain circumstances, they may apply for a Certificate of Disregard (CoD). A CoD needs to be applied for directly from the Civil Aviation Authority (CAA). Each disqualifying conviction will require a separate CoD and if issued, it is valid indefinitely in relation to that specific conviction only.
There is further information available on the CoD process.
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