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Job applications and "spent" convictions

Discussion in 'General Discussion' started by Cambofrog, 14 Apr 2010.

  1. Cambofrog

    Wise Guy

    Joined: 2 Jun 2007

    Posts: 1,180

    Location: Bradford

    Hi all,
    I recently downloaded a job application form containing the following question:
    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
     
  2. EdwardTeach

    Mobster

    Joined: 18 Mar 2010

    Posts: 3,565

    Is it a job where they are likely to mind that you gave a drugs conviction?

    E.g mi5 = yes

    sales role = no
     
  3. Cambofrog

    Wise Guy

    Joined: 2 Jun 2007

    Posts: 1,180

    Location: Bradford

    The job is nearer sales role than mi5 :D

    The vacancy is for a care home caretaker.

    The application form is at http://www.idealcarehomes.co.uk/pdfs/ideal_carehomes_application.pdf

    Edit: Looking for opinions/experience on spent convictions and job applications in general.
     
    Last edited: 15 Apr 2010
  4. NickK

    Capodecina

    Joined: 13 Jan 2003

    Posts: 19,127

    If in doubt citizen's advice bureau.
     
  5. arknor

    Caporegime

    Joined: 22 Nov 2005

    Posts: 38,986

    Location: Newcastle/Zurich

    i'd just lie and say i have non
     
  6. BF-Bert

    Wise Guy

    Joined: 8 Aug 2003

    Posts: 1,454

    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.
     
  7. Energize

    Caporegime

    Joined: 12 Mar 2004

    Posts: 29,025

    Location: England

    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.
     
  8. meghatronic

    Capodecina

    Joined: 24 Nov 2002

    Posts: 16,379

    Location: 38.744281°N 104.846806°W

    But if you didn't mention them - even if spent, you could actually be dismissed (best case) or jailed (worst case) when they find out.

    Most companies won't care.
     
  9. Cambofrog

    Wise Guy

    Joined: 2 Jun 2007

    Posts: 1,180

    Location: Bradford

    Cheers Bert, looks like I'm knackered then :(
     
    Last edited: 15 Apr 2010
  10. NickK

    Capodecina

    Joined: 13 Jan 2003

    Posts: 19,127

    You will have to declare them for security clearance - same goes for your private interests :o :D
     
  11. meghatronic

    Capodecina

    Joined: 24 Nov 2002

    Posts: 16,379

    Location: 38.744281°N 104.846806°W

    I would like to meet someone that would not hire you because of a minor conviction 24 years ago! Just mention it.

    "Can you name your last 20 sexual partners". :eek:
     
  12. mk17

    Wise Guy

    Joined: 3 Sep 2006

    Posts: 1,830

    Location: London

    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.
     
  13. Cambofrog

    Wise Guy

    Joined: 2 Jun 2007

    Posts: 1,180

    Location: Bradford

    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 :(
     
    Last edited: 15 Apr 2010
  14. Amp34

    Caporegime

    Joined: 25 Jul 2005

    Posts: 28,867

    Location: Canada

    Did they flinch at your midget donkey porn addiction?:p
     
  15. Energize

    Caporegime

    Joined: 12 Mar 2004

    Posts: 29,025

    Location: England

    I've heard they're using phallometric testing now! :eek:
     
  16. NickK

    Capodecina

    Joined: 13 Jan 2003

    Posts: 19,127

    Nah, they watched my self-filmed movies of two girls, one bed and mistook me for a donkey :p

    Yes the bigger the knob the higher the higher up the organisational chart you go :D
     
  17. LizardKing

    Sgarrista

    Joined: 18 Oct 2002

    Posts: 7,784

    Location: The Land of Roundabouts

    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.
     
  18. 4T5

    Man of Honour

    Joined: 30 Aug 2004

    Posts: 27,746

    Location: Middle of England

    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.
     
  19. Gaygle

    Capodecina

    Joined: 7 Nov 2004

    Posts: 15,298

    Location: East of England

    Do they really ask you this?!
     
  20. meghatronic

    Capodecina

    Joined: 24 Nov 2002

    Posts: 16,379

    Location: 38.744281°N 104.846806°W

    A couple of books I've said suggest the questions are deeply probing. The sexual partner one was an example given. It makes me wonder if your former flings would get a postcard saying did you "bonk meghatronic behind the school sheds in 1999?" to check.