Promotion with spent criminal record

NI_Sense

Hi. 36 years ago I got myself in trouble, and ended up in a jail for 2 weeks aged 21. It was a drunken episode where I was charged with criminal damage to a car, and couldn't pay the fine basically, so they jailed me instead. I have regretted and lived with the shame of this my whole life. The sentence was spent after 7 years. I have never done anything since that. Now, as it stands, I work for a Government department as a statistician - Food and farming. This required a basic disclosure at the time. I didn't declare my conviction because it was spent years before. Now I'm due a promotion, and part of the new job may involve helping preparing case files for prosecution. While I will not be directly involved in enforcement, I am worried if I am called to court to make a witness statement, a solicitor might bring up my past to undermine my character. On that, if I disclose my conviction to my employers legal team before a court appearance, will that then prevent a defense solicitor from asking me again in court? My silly mistake, has nothing to do with the industry I work in, but I am worried.

Help is appreciated.

Brie

Until a law expert comes along allow me to say I think what you are worrying about sounds all a bit too "Law & Order" court room drama.  I really can't imagine anyone bringing up your past particularly if it has nothing to do with what you currently do.  And I can't imagine a judge would really care much either - we do stupid things when we are young, we learn our lesson and move on.   
Should anyone be so nasty as to bring it up I'd just take the wind out of their sails by saying "yes I was young and stupid, never made the same mistake again and never intend to". 

NI_Sense

Brie said:

Until a law expert comes along allow me to say I think what you are worrying about sounds all a bit too "Law & Order" court room drama.  I really can't imagine anyone bringing up your past particularly if it has nothing to do with what you currently do.  And I can't imagine a judge would really care much either - we do stupid things when we are young, we learn our lesson and move on.   
Should anyone be so nasty as to bring it up I'd just take the wind out of their sails by saying "yes I was young and stupid, never made the same mistake again and never intend to". 

See your point. It's just something, I have avoided talking about my whole life and don't want to particularly in court. We have several cases every month btw so pretty frequent.

techwatcher

I agree with Brie, it doesn't seem particularly likely that lawyers in a trial related to Food and Farming would be interested in the past of a witness who is a statistician working for a Government department.

[Deleted User]

Regardless, how would another solicitor, barrister etc even know about it? I don’t think just because they work in a position within the legal profession they have access to such information. 

NI_Sense

MarkN88 said:

Regardless, how would another solicitor, barrister etc even know about it? I don’t think just because they work in a position within the legal profession they have access to such information. 

It comes under so called Disclosure whereby a witness may have to declare past convictions that may or may not undermine the case. 

[Deleted User]

NI_Sense said:

MarkN88 said:

Regardless, how would another solicitor, barrister etc even know about it? I don’t think just because they work in a position within the legal profession they have access to such information. 

It comes under so called Disclosure whereby a witness may have to declare past convictions that may or may not undermine the case. 

Thanks for clarifying. 

prowla

I would check the wording of any questions asked, to see whether it asks whether you've "ever" had a conviction; the devil may be in the detail.

(I sometimes watch an Australian border control reality programme and they did turn away someone who had a spent conviction; not saying it's particularly pertinient to a completely different circumstance in the UK, other than there may be instances where it is deemed relevant.)

I can't personally see why something which happened over three decades ago in the last century and bears no relation whatsoever to the field of job in question should be a show stopper.

Just my logical opinion, IANAL, etc..

comeandgo

I do think you need proper legal advice here not opinions.  I would ask my solicitor or if you don’t have one I’d make an appointment to speak to one.  My husband has been an expert witness in a few trials, he has a drink driving conviction of many years ago and it has never been used against him but his employers did know about it.

NI_Sense

prowla said:

...I can't personally see why something which happened over three decades ago in the last century and bears no relation whatsoever to the field of job in question should be a show stopper.

Just my logical opinion, IANAL, etc..

For me it's as much about maybe having to declare my conviction, and the damage it will do to my character. Dreading it,  if it happens, but I really need the job.

NI_Sense

comeandgo said:

I do think you need proper legal advice here not opinions.  I would ask my solicitor or if you don’t have one I’d make an appointment to speak to one.  My husband has been an expert witness in a few trials, he has a drink driving conviction of many years ago and it has never been used against him but his employers did know about it.

I am hopefully  getting legal advice next week.