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Do I have to disclose this type of conviction to an employer? Confused!


Do I have to disclose this type of conviction to an employer?...

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Debbie Sadler
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Hi nexus93

Under the Rehabilitation of Offenders Act (ROA), your conviction will become 'spent' in August 2015. Up until then, you would have to disclose your conviction if you are asked. If an organisation were to undertake any formal criminal record checks, your conviction would be disclosed on every level of check up until August 2015.

Once it is spent, for the majority of jobs, you would not need to disclose your conviction unless the role was exempt from the ROA - these are usually roles which involve working with children and vulnerable adults. If a standard or enhanced DBS check was done, your conviction would be disclosed.

Unfortunately, because you have been convicted of more than one offence, your conviction would never be eligible for filtering.

Therefore, currently you would have to disclose your conviction for the role that you are applying for.

I hope this answers your question - feel free to give the Unlock Helpline a call if you need anything further.


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Debbie Sadler
Debbie Sadler
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Hi

Just to clarify - did you receive a Community Order or a Supervision Order?

Your interpretation of what is shown on a DBS Certificate is absolutely correct.


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Debbie Sadler
Debbie Sadler
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Sorry Nexus thought you had received a community order which would have become spent one year after the end of the order. A probation order is spent at the end of the order and a fine spent after one year so your conviction would be spent in February 2015. Apologies for any confusion.

Not sure if you are aware, but there are three levels of criminal record check - basic, standard and enhanced. Basic checks are carried out for the majority of jobs and will only show unspent convictions. The only employers that would carry out standard and enhanced checks are those whose jobs involve working with children and vulnerable adults. These roles are exempt from the Rehabilitation of Offenders Act and therefore, these certificates would show both spent and unspent convictions and cautions unless they were eligible for filtering. If you were applying for this type of job, it should be clear at application stage that these levels of check will be undertaken and you would probably be best to disclose your conviction prior to the checks being done.


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