'Spent' convictions

badskindollheart

racing_blue wrote: »

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?

If she does not declare, when she does not have to, and they subsequently sack her she can go to ET for unfair dismissal.

They would also be in breach of the Rehab of Offenders Act, Data Protection Act and Article 8 of Human Rights Act (right to privacy), as they are asking for information to which they are not entitled.

Nicki

racing_blue wrote: »

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?

This advice is incorrect. The Rehabilitation of Offenders Act explicitly says that if asked whether you have a criminal conviction you are entitled to respond no if the conviction is spent unless one of very few exceptions applies such as working with children or vulnerable groups.

So in law if the job does not fall into one of the exempt categories, OP has not lied as they no longer have a conviction.

pioneer22

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.

Exactly this, unless you are working in a regulated activity dont declare them they arent allowed to make a recruitment decision based upon spent conviction or caution.

pioneer22

Nicki wrote: »

This advice is incorrect. The Rehabilitation of Offenders Act explicitly says that if asked whether you have a criminal conviction you are entitled to respond no if the conviction is spent unless one of very few exceptions applies such as working with children or vulnerable groups.

So in law if the job does not fall into one of the exempt categories, OP has not lied as they no longer have a conviction.

Sorry this is wrong too, technically nothing is ever removed from a dbs check. Its filtered only 1 offense can be filtered so if the op did a dbs check they wouldnt come off so technically arent spend its that the company shouldnt need to know about his convictions.

badskindollheart

pioneer22 wrote: »

Sorry this is wrong too, technically nothing is ever removed from a dbs check. Its filtered only 1 offense can be filtered so if the op did a dbs check they wouldnt come off so technically arent spend its that the company shouldnt need to know about his convictions.

Nicki is not wrong. The point is, they can't do a DBS check if they are not entitled to and they can't ask her to reveal all convictions on an application form if they are not entitled to.

Yes, if she had a DBS check they might be revealed depending on if they fit the filtering criteria, but the check would not be legal. It is incorrect to say nothing is ever removed from a DBS check. Offences can be removed if they are weeded from PNC but this is rare. They can also be removed if the Offence is no longer a crime eg Indecency between men.

pioneer22

badskindollheart wrote: »

Nicki is not wrong. The point is, they can't do a DBS check if they are not entitled to and they can't ask her to reveal all convictions on an application form if they are not entitled to.

Yes, if she had a DBS check they might be revealed depending on if they fit the filtering criteria, but the check would not be legal. It is incorrect to say nothing is ever removed from a DBS check. Offences can be removed if they are weeded from PNC but this is rare. They can also be removed if the Offence is no longer a crime eg Indecency between men.

I only ever deal with enhanced dbs disclosures so I dont know what the process is with the more basic kind.

From dealing with enhanced the offenses are always on there and are never removed if they dont fit the filtering criteria which is more than one offense.

iSlideOnItConstance

pioneer22 wrote: »

I only ever deal with enhanced dbs disclosures so I dont know what the process is with the more basic kind.

From dealing with enhanced the offenses are always on there and are never removed if they dont fit the filtering criteria which is more than one offense.

Reforms, basic check:
https://www.gov.uk/government/news/reforms-to-help-reduce-reoffending-come-into-force

pioneer22

I see, anyway shouldn't commit crime!

dacouch

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/25/25-disclosure-of-spent-motoring-convictions.htm