Job applications and "spent" convictions

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Hi all,
I recently downloaded a job application form containing the following question:
Do you have any spent/unspent convictions or
cautions under The Rehabilitation of Offenders Act
1974?

I do have a single criminal conviction for the possession of cannabis in 1983. That conviction was spent after 3 years, in 1986 due to the The Rehabilitation of Offenders Act 1974.

Now, I always assumed that if I was asked if I had any convictions on a job application, I could state "No" if the convictions were spent.

You have all probably seen application forms asking about convictions, but I have never been asked about spent convictions before, so could I ask you for your opinions/answers to the following questions:

Is it legal to ask for information on spent offences?

If a company requests a CRO check, will they be given information regarding spent offences?

How would you answer the question if you had a spent conviction?

TIA,
Dave
 
Associate
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Last edited:
Associate
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There are a few careers where you must disclose spent convictions....

Do I need to tell an employer about spent convictions?
You don't need to disclose spent convictions when applying for most jobs. Under the Rehabilitation of Offenders Act 1974 it's unlawful for an employer to discriminate on the grounds of a spent conviction. However, some types of jobs are exempt from this Act – this means you have to disclose spent convictions as well as unspent ones. These jobs include:

working with children and vulnerable adults, such as elderly and disabled people
senior roles in banking and the financial services industry
certain posts connected to law enforcement, including the judiciary and the police
work involving national security
certain posts in the prison service
certain professions in areas such as health, pharmacy and the law
private security work.
 
Associate
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There are a few careers where you must disclose spent convictions....

Do I need to tell an employer about spent convictions?
You don't need to disclose spent convictions when applying for most jobs. Under the Rehabilitation of Offenders Act 1974 it's unlawful for an employer to discriminate on the grounds of a spent conviction. However, some types of jobs are exempt from this Act – this means you have to disclose spent convictions as well as unspent ones. These jobs include:

working with children and vulnerable adults, such as elderly and disabled people
senior roles in banking and the financial services industry
certain posts connected to law enforcement, including the judiciary and the police
work involving national security
certain posts in the prison service
certain professions in areas such as health, pharmacy and the law
private security work.

Cheers Bert, looks like I'm knackered then :(
 
Last edited:
Soldato
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13 Jan 2003
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23,628
Funny thing is the MI5 website states that past drug use/convictions is not a bar to entry, whereas normal employers tend to be more crazy about those things.

You will have to declare them for security clearance - same goes for your private interests :o :D
 
Associate
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if you want the job just admit the thing. I once worked in an SC research lab, and one of our guys had a previous conviction for GBH (turns out he was a scallywag when he was younger) - great guy though, and peaceful as anything.

you can't lie on these things, for any kind of security clearance you give so much personal info that you'll be found out and immediately disregarded.

cannabis in '83? unlikely anyone would care unless its a very sensitive role.
 
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I would like to meet someone that would not hire you because of a minor conviction 24 years ago! Just mention it.

Yea, I am going to go for it meghatronic, and declare my past sins. If I lie, they will find out anyway when they do the check.

I'm a bit disappointed that a "spent" offence is never really spent :(
 
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Soldato
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its a care home, they'll do a CRB check and it will show, so you may as well put it down, if it was a more serious crime or something that could be seen as a danger to the residents then they may care but as its only cannabis possession they would have to be very picky for it to affect the application.
 

4T5

4T5

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I've not been convicted of a Crime for over 17 years now, prob more like 19 years. I don't have to "Fess" up as it's over ten years but I did have one of those Reports done a few years back, The look on the Dudes face as he read it was one of the most embarrassing situations i have ever faced. :o + :(
Fortunately the man had the intelligence to spend time with me & make his own decision, There are some very decent people out there. :cool:
He went against two other people & I Never let him down.

I Hate my past but I can only change my future.
 
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