CRB check question

tarden · 12 February 2008 at 2:01PM

Hello,
I am applying for a NHS job that requires a CRB check.
Do I have to disclose my drink/driving conviction in 1989?
Any advice welcomed, especially of there is anyone with personal experience.

Thanks

daveboy · 12 February 2008 at 2:11PM

Please see the link below which is a PDF that refers to NHS Criminal Record Bureau disclosures:

http://www.nhsemployers.org/workforce/workforce-2172.cfm

Right at the bottom of the page is a link titled 'CRB Disclosures in the NHS' which opens up a PDF document.

My personal feeling is that as it is the NHS it will fall under the Rehabilitation Of Offenders Act (Exemptions Order) 1975. Therefore you will have to disclose it, as an Enhanced CRB Disclosure will turn it up in any case.

It won't necessarily stop you getting the position, as it was nearly 20 years ago. It may even be that it has been struck from the records on the basis of time, but I always feel that honesty is best in this situation - the last thing you want is to be dismissed in the future for not disclosing it at the earliest opportunity.

tarden · 12 February 2008 at 2:21PM

Thanks very much, daveboy, for your prompt and very informative reply.
I will disclose it. I don't think it should have any effect on my application given that it is a basic admin job, but who knows?
Better safe than sorry.
Thanks again.

Tarden

daveboy · 12 February 2008 at 2:24PM

Further to the above, I have just found this:

http://www.prisonersabroad.org.uk/Downloads/Factsheets/Disclosing_offences.pdf

It goes into the different rehabilitation periods, depending on what sentence was imposed by the courts.

It also, and perhaps more relevant for you, goes into what should be kept on the police national computer (section 7).

Please note that this is from searching online and it may well be advisable to contact your local police station for official guidance.

It does appear to me that due to time elapsed, it may have been deleted from the records - if that is the case then I wouldn't disclose it.

Nile · 12 February 2008 at 2:26PM

Hello tarden

You might find some useful information in the crb website:

www.crb.gov.uk

I believe that you will be filling in an 'Enhanced Disclosure' form. I have one and it has a category for 'Police Records of Convictions, Cautions, Reprimands and Final Warnings'.

If you omit anything, it will be found anyway.................so you would jeopardize your employment application for being dishonest.;)

Good luck with your job application.

Regards

Nile

daveboy · 12 February 2008 at 2:53PM

Nile wrote: »

Hello tarden

You might find some useful information in the crb website:

www.crb.gov.uk

I believe that you will be filling in an 'Enhanced Disclosure' form. I have one and it has a category for 'Police Records of Convictions, Cautions, Reprimands and Final Warnings'.

If you omit anything, it will be found anyway.................so you would jeopardize your employment application for being dishonest.;)

Good luck with your job application.

Regards

Nile

The above is what I was referring to....the offence was in 1989 and I am of the opinion that it will have been erased from the police national computer due to the time that has passed.

Edited to add: Upon reading this thread it reminded me last year of an article in which someone had done something back in the 1980s that still appeared - and the Information Commissioner ordered the police to delete the record. The article can be read here:

http://news.bbc.co.uk/1/hi/england/7072241.stm

Gut instinct for a lot of people would be that 19 years later, it would have been deleted from the records. But it may not have been. For me you have two choices, either seek official guidance from a senior police officer, or a solicitor. Failing that, disclose it. I certainly wouldn't not seek advice and not disclose it, because sods law dictates that it will appear at some stage.

daveboy · 12 February 2008 at 3:53PM

Not wishing to thrash this to death, and again, it cannot be taken as the official line, but right at the bottom of this page:

http://www.learndirect-advice.co.uk/helpandadvice/exoffenders/disclosure/

it states:

Minor convictions from over 10 years ago are usually wiped from the Police National Computer (PNC). However, if you have been convicted of three or more crimes they can be kept on the PNC for 20 years.

The definition of minor is open to interpretation and, whilst not attempting in any way to find out what the punishment was by the courts, it is likely that the rehabilitation period for the offence would have been five years (if you were fined by the court) - as it is a motoring offence it isn't listed in the tables commonly seen relating to the RoOA 1974.

Additionally, as it is a motoring offence that you are concerned about, it may be that details are not kept on the PNC and therefore would not appear on a CRB check. It is quite possible that it is the DVLA that records motoring offences. It would have stayed on your licence for 11 years, until 2000, and that should have been the end of the matter.

Whilst I have gone from one side to the other, I am now firmly of the belief that if this was me, I'd say nothing as it was a motoring conviction rather than a criminal conviction.

tarden · 12 February 2008 at 4:01PM

Daveboy, you have been excellent. Thanks very much. I think now I'll go with not mentioning it.

Ebany · 12 February 2008 at 8:10PM

I know I have seen drink/driving convictions come up on enchanced CRB checks as I work in healthcare recruitment and we do lots of them. I would personally reccommend mentioning it as I think it would be highly unlikely to be a barrier to your employment as it is, but I know we are a lot harsher on people who fail to mention something that then does show up.

I believe it is a part of the code of practice for those who can get CRB's that they do not just treat anyone with any kind of disclosure as unemployable, circumstances, time since the offence, and relevance to the position should be taken into consideration when making a recuitment decision.

One option could be to give a sealed statement with then with instructions that they may open it in the event of a disclosure, possibly with the explanation that it happened some time ago and you aren't sure if it is relevant, but you don't want it on your personnel record if it is not required.

Its one of those awkward things, you don't want to say something if you don't need to, but if something then shows up you look worse...

ohreally · 13 February 2008 at 1:01PM

tarden wrote: »

Hello,
I am applying for a NHS job that requires a CRB check.
Any advice welcomed, especially of there is anyone with personal experience.

Some posts are excempt from a disclosure check. If the post isn't exempt you will be subject to one of the following...
Enhanced Check only
Enhanced +DWCL
Enhanced + AARL
Enhanced + Both Lists
Where DWCL - Disqualified from working with children list
AARL - Adults at risk list

The above apply to Scotland, however England has a very similar procedure.

Nikolai · 13 February 2008 at 1:56PM

Thanks ohreally and ebany. As the job will involve contact with patients, then an enhanced check will be required I think.
I have found out that there is an NHS Job shop near to me, where they will advise and help with applications for NHS jobs.

Will visit them tomorrow (closed on weds).
I will also mention ebany's sealed statement suggestion - sounds like a very good idea.
Thanks all.

CRB check question

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