'Spent' convictions

supermum38

Today I went for an interview and at the end had to complete a form about convictions.

Now, I have had this many times before but there is always an explanation of the 'rehabilitation of offenders act' and whether the company/employer are quoting an exception to this on the basis of the type of work involved- i.e the vulnerable, disabled, children etc.

This firm just asked about convictions and did not quote the act. The role is office/phone based and extremely unlikely to involve communicating with the above on the phone or email (no face-to-face)so...

I DID NOT declare my two minor convictions which are over 5 years old and under the 'rehabilitation of offenders act' do not need to be disclosed.

It was a difficult decision to make as I have been searching for a good stable job for 5 years and did not want to be eliminated at the stage 1 interview, just because I declared convictions I did not need to.

I wonder if someone on here could clarify this situation for me. I think their form was badly written and I did nothing wrong BUT what happens if I get the job and they find out?

Bearing in mind there was no mention of needing a CRB for the role?

General_Grant

supermum38 wrote: »

Today I went for an interview and at the end had to complete a form about convictions.

Now, I have had this many times before but there is always an explanation of the 'rehabilitation of offenders act' and whether the company/employer are quoting an exception to this on the basis of the type of work involved- i.e the vulnerable, disabled, children etc.

This firm just asked about convictions and did not quote the act. The role is office/phone based and extremely unlikely to involve communicating with the above on the phone or email (no face-to-face)so...

I DID NOT declare my two minor convictions which are over 5 years old and under the 'rehabilitation of offenders act' do not need to be disclosed.

It was a difficult decision to make as I have been searching for a good stable job for 5 years and did not want to be eliminated at the stage 1 interview, just because I declared convictions I did not need to.

I wonder if someone on here could clarify this situation for me. I think their form was badly written and I did nothing wrong BUT what happens if I get the job and they find out?

Bearing in mind there was no mention of needing a CRB for the role?

If your convictions are spent, do not declare them.

If it's not a job which allows for a DBS check then they can't arrange one.

badskindollheart

If it's not an exempted profession, as defined by the Rehabilitation if Offenders Act, you don't need to declare and they are not allowed to ask. The DBS (CRB) require employers to notify applicants at the outset if the recruitment process if a DBS check is required.

Just be aware that Exempted Professions include more than just jobs with children/vulnerable adults. Check https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/260319/DBS_guide_to_eligibility_v2.2.pdf for the full list of positions eligible for a DBS check.

I don't think you have anything to worry about.

supermum38

General_Grant wrote: »

If your convictions are spent, do not declare them.

If it's not a job which allows for a DBS check then they can't arrange one.

Thank you. That was exactly what I thought. Sadly, I think it was some sort of 'test' and if anyone was daft enough to declare a 'spent' conviction it would probably have eliminated them from the next round.

supermum38

badskindollheart wrote: »

If it's not an exempted profession, as defined by the Rehabilitation if Offenders Act, you don't need to declare and they are not allowed to ask. The DBS (CRB) require employers to notify applicants at the outset if the recruitment process if a DBS check is required.

Just be aware that Exempted Professions include more than just jobs with children/vulnerable adults. Check https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/260319/DBS_guide_to_eligibility_v2.2.pdf for the full list of positions eligible for a DBS check.

I don't think you have anything to worry about.

Thank you. I have checked and the job is not included or related to any of the roles listed.

I think the company are being 'cheeky'?

badskindollheart

They probably just don't understand the legislation. I wouldn't read too much into it, it's probably incompetence rather than deviousness:)

jackyann

NACRO have useful information on their site, and can offer advice in unclear situations.

mum2one

sounds like a general application form as one fits all, youve done the right thing by not saying anything as you say its spent so why drag it up, x

supermum38

badskindollheart wrote: »

They probably just don't understand the legislation. I wouldn't read too much into it, it's probably incompetence rather than deviousness:)

They are a large company that has just reached a 20 year milestone.
I can't imagine that they wouldn't know about it considering they have a 'Fraud department'?

badskindollheart

supermum38 wrote: »

They are a large company that has just reached a 20 year milestone.
I can't imagine that they wouldn't know about it considering they have a 'Fraud department'?

You'd be surprised;), companies like G4S struggle with Rehab of Offenders.

racing_blue

If you declare - you may or may not not get any further

If you do not declare - and your employer finds out - and later they wish to get shot of you - they have an easy route (to say that you were dishonest in your application)

Guess you have to weigh these up?