Do I have a criminal record?

chrisrey

Hi, I am wondering if anyone can help me..

I was arrested for being drunk and disorderly (section 5 public order offence), and spent a night in the cells about 5 months ago. I was released the next day, and avoided court by paying a £80 fine.
I am going to graduate from university this summer, and i am very worried my night in the cell will come back to haunt me.

Do i know have a criminal record?

Or will this offence be visible when i come to apply to job and a CRB check is run.?

If anyone has had a similar experience, or knows how i can find out if i have a criminal record.. i would appreciate any information. thanks :A

Boozer

There seem to be online check which you could pay for, i had one done a few years ago for a job, went to my local police station and requested it, cost 10 pound i think and was sent out in the post a few weeks later.

I am afraid i think it will show up and should become spent after 5 years as it was a fine.

titannia101

Hi. Yes, you now have a criminal record. Yes it will come up if you have to do a CRB check for an employer. However it will become "spent" in 5 years which means after that you won't have to tell employers about it - but it will still show if an enhanced check is required. Here is a bit more about ciminal offences and the Rehabilitation of Offenders Act from experts.

http://www.nacro.org.uk/data/files/nacro-2007021302-65.pdf

SarEl

You could also try explaining when you have to disclose it. Most employers will be relatively tolerant of a single stupid incident whilst a student and with alcohol. It's virtually expected! Students ocasionally imbibe more than they should (as do others, I hasten to add) and may be prone to stupidity. It is called being young. It is a condition you will grow out of - hopefully. If asked, tell the truth. It's the lie that comes back to haunt you, not the truth!

dseventy

chrisrey wrote: »

Hi, I am wondering if anyone can help me..

I was arrested for being drunk and disorderly (section 5 public order offence), and spent a night in the cells about 5 months ago. I was released the next day, and avoided court by paying a £80 fine.
I am going to graduate from university this summer, and i am very worried my night in the cell will come back to haunt me.

Do i know have a criminal record?

Yes you have a criminal record.

If you apply for a job and a standard CRB check is done, this will show until the crime is "spent". This URL tells you when a conviction is "spent" for standard CRB checks.

http://www.yourrights.org.uk/yourrights/privacy/spent-convictions-and-the-rehabilitation-of-offenders/how-a-conviction-becomes-spent.html

If you have an enhanced CRB check, your conviction will always show, despite being "spent".

When applying for jobs, you need to know what type of check is being carried out. This will inform you of what is likely to show up.

I hope you had a good time that night as it will cost you.

D70

bristol_pilot

You must disclose it. But, as a recruiter, I would ignore a bit of student D&D since the offence does not involve dishonesty, violence or illegal drugs. Those are the real show-stoppers.

edwardw

Yes it will be on a CRB due to you having been cautioned for the offence.

Izzi321

Although you may have a criminal record not all employers will do a search and not all will ask you disclose if you do. It all depends all what kind of job you apply for.

edwardw

Further to the above post, your post contradicts itself
you were either arrested for section 5 of the public order act OR Drunk and disorderly.
They are both two different things.
you dont have to be drunk for s5 and includes things like swearing in a public place etc

DVardysShadow

Izzi321 wrote: »

Although you may have a criminal record not all employers will do a search and not all will ask you disclose if you do. It all depends all what kind of job you apply for.

Moreover, the majority of employers do not have the right to make CRB checks.

Savvy_Sue

If you are applying for jobs where you'll need to do a CRB check, I'd advise making a 'disclosure' in a sealed envelope. That is, you explain what happened, that you were young and stupid, that you are now a sober and upright member of society, and you put this in a sealed enveloped marked 'Disclosure' and attach it to your application.

The shortlisting panel should look at your application without seeing this information. Only if you're successful at interview should the person responsible for CRB checks open the envelope and ensures you're not a mass murderer or child abuser.

That way your youthful indiscretions aren't public knowledge.

And as SarEl said:

SarEl wrote: »

It's the lie that comes back to haunt you, not the truth!