Criminal spent/unspent convictions

Miqbal3

Hi. 

I have theft by employee in my convictions from my old job. I went in court and was given 2 years suspended sentence and 80 hours of community work this was is Jan 2018 but conviction was for 2016.

In April 2018 I got a job in carphone warehouse and start working there and it did flagged up but as I knew the manager there he passed it on and kept me at work. In November 2020 I have had to resign from that job because of the hours and some family commitments. 

I have recently applied for the job in car Insurance company Hasting direct and they have offered me the job but they will do a background check, will that affect it? They have asked if have any unspent convictions, I selected No but they will also check for basic dbs electronically and I am not sure how this work. Can somebody help please.

Thank you

Marcon

If you received a 2 year suspended sentence in January 2018, and were over 18 at the time of conviction, it won't be spent until January 2024. See https://www.gov.uk/guidance/rehabilitation-periods#rehabilitation-periods-table

Edit: typo above now corrected thanks to sjc502.

TadleyBaggie

Unlikely you will be able to get a job in the finance sector, especially since the conviction is not spent and you said it was.

[Deleted User]

You have also lied on the application form by stating you have no unspent convictions when you have, as it is not spent yet. Therefore it’s going to show on a basic DBS and they will see this as with holding information. Doesn’t look good. 

Miqbal3

I was counting 2 years from 2018. on my dbs its says that suspended imprisonment 12 months wholly suspended 24 months. 
Unpaid work requirement. 

sjc502

Marcon said:

If you received a 2 year suspended sentence in January 2018, and were over 18 at the time of conviction, it won't be spent until January 2022. See link

I think you have mis-calculated.  I'm making the assumption that the sentence itself was 2 years, not suspended for two years.  If the sentence imposed is 6 months or less, then it changes things. 

The link states:
Sentence or disposal - A custodial sentence of over 6 months but not exceeding 2 years 6 months*.  *Suspended custodial sentences are treated the same as custodial sentences for this purpose. It will be the length of the sentence imposed by the court, not the period it is suspended for that dictates when it will become spent.
Rehabilitation period if aged 18 or over when convicted or disposal administered - 4 years from the date on which the sentence (including any license period) is completed

The sentence was passed in January 2018.  The 2 year sentence runs out in January 2020.  Then you need to wait another 4 years from January 2020 before it is spent.

Marcon

Miqbal3 said:

I was counting 2 years from 2018. on my dbs its says that suspended imprisonment 12 months wholly suspended 24 months. 
Unpaid work requirement. 

Not sure I understand. This seems to conflict with your first post:

Miqbal3 said:

Hi. 

I have theft by employee in my convictions from my old job. I went in court and was given 2 years suspended sentence and 80 hours of community work this was is Jan 2018 but conviction was for 2016.

Were you given a 12 month sentence suspended for two years, or a two year suspended sentence?

Miqbal3

Marcon said:

Miqbal3 said:

I was counting 2 years from 2018. on my dbs its says that suspended imprisonment 12 months wholly suspended 24 months. 
Unpaid work requirement. 

Not sure I understand. This seems to conflict with your first post:

Miqbal3 said:

Hi. 

I have theft by employee in my convictions from my old job. I went in court and was given 2 years suspended sentence and 80 hours of community work this was is Jan 2018 but conviction was for 2016.

Were you given a 12 month sentence suspended for two years, or a two year suspended sentence?

On my dbs certificate its says that suspended imprisonment 12 months wholly suspended 24 months. 
Unpaid work requirement. 

That's what it says

Miqbal3

This is my dbs

sjc502

So,
Convicted in January 2018.
Sentence would be completed in January 2019.
Wait four years and your conviction is spent in January 2023.

Savvy_Sue

Contact NACRO and ask for advice. https://www.nacro.org.uk/