I have a criminal record will the FSA approve me?

CKhalvashi

Bonam25 wrote: »

Hi, my conviction was for 'actual bodily harm' ABH. I was given 6 months, but only spent 7 weeks in jail.

I gave up teaching because I knew that even if I was permitted to continue teaching, it would 'come up' throughout my career. And, it terms of trying to move forward and put things behind me, I didn't want this to happen.

I now realise that with financial services, I'm going to be in a similar situation regarding disclosure though

I stand by what I said!

Bonam25

Thanks for all your comments. They are much appreciated.

I phoned the FSA a few days ago and spoke to a nice lady, but I'm still unsure as to their position on the matter. My understanding of the situation is that the FSA will only consider me for approval to carry out a regulated role once I've been offered a regulated role with a financial services company. And before hand, they can't say that they will approve me or not. Only that they will consider my case on an individual basis, taking into account the type of crime it was, when it took place, ... .

As I mentioned in my initial post- I've already started a Diploma in Regulated Financial Planning, and am actually about half way through, so I'm worried about continuing with this-working hard to finish the qualification , and spending time and money on this, maybe then to find out that I won't be approved. Or employed!

Does anyone have any knowledge or experience regarding FSA approval of individuals? I guess I'm hoping that as it was a while ago, was non-finance related, and as i've tried to rehabilitate myself and move forward with my life, that they'll look favourably on this. But, of course, I'm worried that they may see things differently.

CKhalvashi

Bonam25 wrote: »

Thanks for all your comments. They are much appreciated.

I phoned the FSA a few days ago and spoke to a nice lady, but I'm still unsure as to their position on the matter. My understanding of the situation is that the FSA will only consider me for approval to carry out a regulated role once I've been offered a regulated role with a financial services company. And before hand, they can't say that they will approve me or not. Only that they will consider my case on an individual basis, taking into account the type of crime it was, when it took place, ... .

As I mentioned in my initial post- I've already started a Diploma in Regulated Financial Planning, and am actually about half way through, so I'm worried about continuing with this-working hard to finish the qualification , and spending time and money on this, maybe then to find out that I won't be approved. Or employed!

Does anyone have any knowledge or experience regarding FSA approval of individuals? I guess I'm hoping that as it was a while ago, was non-finance related, and as i've tried to rehabilitate myself and move forward with my life, that they'll look favourably on this. But, of course, I'm worried that they may see things differently.

The fact you’ve committed to the course should be a reasonable enough cause for appeal, on the basis the work that you’ve committed means you’ve turned your life around, and will continue to aim to do so.

I’ve given you the best pointers I can, however I really don’t know what is going to be said, this is the problem.

Yorkie1

F_T_Buyer wrote: »

As the OP only spent 7weeks in prison, it would come under the Rehabilitations act and therefore is now spent.

I'm not sure about the FSA, and the question the OP asks, but once approved he would not need to declare it when applying for a job, he can legitimately say 'No' to "Have you a criminal conviction?"

http://www.lawontheweb.co.uk/Road_Traffic_Law/Rehabiliation_of_Offenders_Act

Op, I think you apply to the FSA and take it from there.

You are required to disclose all convictions, whether spent or otherwise, if asked by the FSA:

As well as excluding particular professions, and occupations involving certain kinds of work, the ROA exceptions also say that you can be required to disclose your spent convictions when questions are asked for particular purposes. Examples include any questions asked:

• by the Financial Services Authority and certain other bodies involved in finance, when asked to assess the suitability of a person to hold a particular status in the financial and monetary sectors.

From:
http://www.yourrights.org.uk/yourrights/privacy/spent-convictions-and-the-rehabilitation-of-offenders/exceptions-to-the-roa.html

Ronaldo_Mconaldo

Sentenced to 6 months and ended up serving 7 weeks. What a shambles this country is in.

QuackQuack_2

Ronaldo_Mconaldo wrote: »

Sentenced to 6 months and ended up serving 7 weeks. What a shambles this country is in.

It's funny you should say that, but I knew a guy who had views like that. He took the whole 'bread and water' line with 'criminals'. It was ironic when he hit and killed a cyclist whilst driving along in his car one Sunday morning. Funny enough he was sentenced to 16 months, but never said "Please keep me in prison" when he was released on a tag after 6 months.

Moral - be careful when being judgemental. Even the lives and fortunes of the self righteous can change in an instant.

Spent means spent. People are sent to prison for a period of time as a punishment - not to be punished for the rest of their lives. These CRB and vetting checks need a serious overhaul.

dandelionclock30

I echo the above- anybody can make a bad judgement call and end up in a mess.
I know of a woman who was a bank manager and he husband left her and eventually she ended up in a lot of debt etc due to this.This lady had never been in trouble with the law or at work etc.Anyway she wrote a loan off to herself for a few grand like 20 or so from her own bank.This was a breach of bank procedures as you cant give a loan to yourself if you are the manager.The woman was paying it back at the usual rate etc, so she wasnt stealing it.
Anyway she got caught by the bank and was charged with Fraud and eventually she went to prison, lost her house, career the lot.!
Things like that could be anybody.
Give these a shout
www.unlock.org.uk- they will probably be able to give you some advice as they help ex offenders with such issues.

Bonam25

Ronaldo_Mconaldo wrote: »

Sentenced to 6 months and ended up serving 7 weeks. What a shambles this country is in.

I know that only serving 7 weeks might sound like 'getting off lightly', but I spent another 6 weeks with a tag; I lost my job, career and means of financially supporting myself; and I now have a record that will follow me around for the rest of my life.

Please don't get me wrong- I don't feel sorry for myself, I know that what I did was wrong, and I'm ashamed of what I did. But, please don't insinuate that I got off lightly.

Believe me... If I could go to jail for 5 years instead of 7 weeks, but not have a criminal record hanging my neck for the rest of my life(which standard & enhanced crb checks mean), I'd sign up right now.

I want to pay for what I've done (which I think I've done), try to make reparations (which I think I've done), rehabilitate myself (which I think i've done), and try to make something of the rest of my life.

Annisele

Unfortunately I think you have two related problems:

• Will the FSA approve you
• Even if it does, will you be able to persuade an employer to hire you, knowing that it might be more hassle to get you through the FSA's hoops than other candidates (who might already have been authorised in previous roles, thus demonstrating it's likely they'll be able to get authorisation again).

The other thing is that, given the RDR, I'd say this is not a good time to be joining the industry. Some very experienced advisers have been made redundant, so if an employer ends up with the choice between one of them (who might bring clients with them) and the OP, I think the OP will have trouble.

However, I'd echo the other posters who suggested posting on the savings and investments board, as there are lots of IFAs over there.

hotbanana

Assault is not like a crime of dishonesty. Had it been a conviction related to embezzlement or fraud, then I could understand why it might be difficult.

Then again, im surprised you were jailed for a simple assault. Without any more information as an employer, I have image in my mind of someone has seriously injured another person. Who in life can say they have never had a scrap at some stage, however minor. Yet there is a clear difference between a drunken push and shove, and say, hospitalising someone.