stoofa said:
This means that a criminal record becomes "Spent" after a set number of years.
Although the record will remain with you, once it has become "Spent" you no longer have to tell a potential employer about it, you don't need to mention it when applying for a job and any searches conducted by an employer will also not mention it.
Whether you have to tell an employer depends on the job you're applying for. Some jobs, such as with children, you are required to disclose convictions, whether spent or not.
stoofa said:
Don't forget that here in the UK we have the Rehabilitation of Offenders Act (a bloody good act imho - yet the US refuse to acknowledge it).
Of course the US acknowledges it. What they don't do is accept they should be bound by it. And why should they? Do you expect to be bound by US laws?
The most notable impact of the US not accepting this limitation relates to visa applications. Access to ANY country for a non-citizen should be at the discretion of and under criteria set by the country concerned. And in this case, the US reserves the right to be informed of the criminal past of people applyiong for visas and, if it wishes, to decline to let them set foot in the country. The UK has the same right in relation to visitors from other countries, and can exercise it if it wishes. And, maybe it should. Why would you want foreign criminals in the UK, any more than the US wants British ones?
Of course, what the US can do, in practice, if someone fails to disclose something they should have is another matter. But, if you fail to disclose and get caught, deportation is highly likely, as is permanent exclusion. Again, that is perfectly within their rights.
