Low-level offence, long-lasting impact

We know from our helpline that even fleeting interactions with the criminal justice system can have an impact on people’s lives for a very long time. Yet these lower-level interactions with the criminal justice system, and their consequences, have been historically overlooked in research.

A new report by Dr Nicola Collett, from De Montfort University, explores key findings from her research into the long-term impacts of criminal records, including relatively low-level offences.

Dr Collett found that although the Rehabilitation of Offenders Act provides the right for people to move forward and ‘forget’ their criminal records in most circumstances, for many the right to move on can be undermined by the presence of criminal record data available online.

The report also highlights the many ways in which people feel they have to limit themselves (in their hobbies, family lives, career and education) out of fear that their criminal record will be disclosed.

We asked Nicola to share a little more about her research experience.

What made you want to write about the impact of criminal records?

Studying criminology as an undergraduate, I became increasingly passionate about social (in)justice, and was keen to form a career which had the potential to make positive change. Then, working as the project coordinator for Youth Commission projects in Staffordshire and Cheshire (2016–2017), I spent time talking to young people who had engaged with the criminal justice system.

I was listening to people of a similar age discuss their experiences of stigma and exclusion, telling me there was little point in them trying, now that they had a criminal record. It seemed completely illogical and unfair to me. I was prompted to think about how it is not just those who have been in prison who suffer the long-term harms of criminal justice involvement. I discussed this with lecturers at Keele University and put together a research proposal which was, fortunately, funded by Keele in 2017.

What was most surprising to you?

Just how many areas of life can be impacted by a historical and/or minor criminal record. I think there is a misconception that if you just have a caution or out of court disposal on your record, then you won’t have to face any unfair stigma or discrimination.

For the people I spoke to, this certainly was not the case!

This leads to self-exclusion from legitimate opportunities, and people feeling unable to speak freely for fear of judgement. On the other hand, it was also really surprising to hear the creative ways people used their criminal record for good either covertly through how they relate to people, or overtly through their work and enterprises.

What was most challenging?

Initially, the most challenging part was trying to hide my own emotional reactions and frustrations in the interviews! Later, the challenge was trying to convey participants’ experiences and meanings accurately in my work. This is particularly challenging in academic writing, and so this report is a welcome opportunity to put participant voices at the forefront.

How do you hope this research can be applied in future?

First, I want my research to help facilitate conversations.

A couple of people I spoke to discussed putting a ‘human face on criminal records’. I hope this research can be part of that by helping people to imagine what these so-called ‘former offenders’ actually look like in real life.

I think it would be very difficult for people to read the life stories of these people, either in the report or my thesis, and not feel a sense of injustice.

On a bigger scale, I want this research to contribute to the emerging evidence base which demonstrates the need for policy change.