Need advice Please

LittleVoice

Just checking -

Was there an application form which asked whether there were any unspent convictions?

If not, was he asked at an interview whether there were any?

Has he already completed the CRB form?

mummyia

denla wrote: »

Unfortunately there's no realistic help anyone can give. Sure you can say you've changed, but who will honestly give him a chance when there's so many other people out there? Only thing he can do is do voluntary work until his criminal record is spent, and then apply for jobs not asking for enhanced CRB checks.

Is some decent people out there willing to give a chance.. Many youth support workers are ex convicts and now have excellent jobs, helping others.

mummyia

LittleVoice wrote: »

Just checking -

Was there an application form which asked whether there were any unspent convictions?

If not, was he asked at an interview whether there were any?

Has he already completed the CRB form?

Yes application form asked.. conviction is spent as he went down for it..

Was not asked at interview.

Completed CRB form today

Thanks

elsien

mummyia wrote: »

Yes application form asked.. conviction is spent as he went down for it..

I think you've misunderstood spent convictions. The conviction isn't spent because he went down for it. When a conviction is spent depends on how long ago it happened and what the sentence was that he was given at the time. If his prison sentence was under 6 months it won't be considered spent for 7 years if he was over 18 at the time.
http://www.direct.gov.uk/en/CrimeJusticeAndTheLaw/Sentencingprisonandprobation/Sentencingandcriminalrecords/DG_199794
If he's applying to work with vulnerable people or children then it will always show up on the CRB regardless of the length of time since it happened.
He could try contacting NACRO for further advice?

Loanranger

It's foolish not to disclose his conviction at the application stage as the employer will find out about it via the CRB check.

The Rehabilitation of Offenders Act, 1974, covers the time periods when convictions can be regarded as spent. His 10 week stretch inside from 2008 will not be regarded as spent until 2013 at the earliest. (A sentence of up to 6 months takes 7 years to be spent) Depends on what the actual sentence was. He may have had a much longer sentence but only served 10 weeks, if so, the conviction may not be spent until 2018.
For some occupations and some offences are never regarded as spent.

Take a look at this NACRO leaflet for more guidance.
http://www.nacro.org.uk/data/files/nacro-2007021302-65.pdf

My advice is to declare the conviction right at the start until it becomes spent.

mummyia

Loanranger wrote: »

It's foolish not to disclose his conviction at the application stage as the employer will find out about it via the CRB check.

The Rehabilitation of Offenders Act, 1974, covers the time periods when convictions can be regarded as spent. His 10 week stretch inside from 2008 will not be regarded as spent until 2013 at the earliest. (A sentence of up to 6 months takes 7 years to be spent) Depends on what the actual sentence was. He may have had a much longer sentence but only served 10 weeks, if so, the conviction may not be spent until 2018.
For some occupations and some offences are never regarded as spent.

Take a look at this NACRO leaflet for more guidance.


My advice is to declare the conviction right at the start until it becomes spent.

Hi,

Thnaks for your reply,,,He was sentenced for 5 months of which he served 10 weeks in Oct 2008 Was released for good behaviour after 6 weeks it was classed as Domestic Violence. So from what I can see on the Crb Website it will be considered spent in another 13 months. Right?

Thanks

MM x x

Loanranger

Yes, I think you're correct. Someone else may be along soon to confirm that it will be spent in October 2013.

elsien

Am I missing something - if he was given a 5 month sentence which counts for 7 years, does that not take him to 2015?

Loanranger

Oops... yes VERY sorry, spent in October 2015.
Really sorry, should not have posted when tired.

mummyia

ohhh..I should have looked more carefulley 5 yrs for under 18s.

Darn