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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
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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
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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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Victor H
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Its worth noting also that other supermarkets like morrisons they do not run dbs checks on the average of workers ie the shelf fillers, cashiers. I have heard managers of retail stores (big brand names like Dixons and currys) they don't run dbs checks either.

I would imagine the dbs check they are referring too is just covering there backside a little in case they need to run it or if its a very high position like within financial or general management etc

Don't forget you can also dispute the dbs check if you feel it is unwarranted ie not working direct and alone with elderly/children by contacting dbs and asking them to stop the check or confirm its eligible. Also the dbs check comes back to your home address so if you really end up in a situation where you have to quit you can, you may just have to fork out the cost of the dbs check to the company which is I think about 40-60 quid.
AJW83
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Really there should be very few Enhanced DBS roles, most things in the NHS and Schools and Adult/Child Care which is what they are thats about it really there are certain sensitive finance and security roles but the security ones are more interested that you are trust worthy than anything, spent convictions arent really a problem.
nexus93
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Thank you very much for your help in answering all my questions!

Being young I haven't had any experience with disclosing criminal records with employers ect. and the information can be hard to wrap your head around as things aren't very clear on government websites regarding these issues.

Appreciate the help.
nexus93
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I am currently in university and applying for an industrial placement as part of my degree.

In February 2014 I was convicted of these 3 charges:
- Assault on a constable Section 89
- Using threatening behaviour
- Assault with intent to resist arrest of another.

Long story short. An officer tried to arrest my mate and thought the officer was overly aggressive. I got involved and shoved an officer so they detained me and well the rest is well .. a criminal record. I got category 3 level of assault which is the lowest. I got a £200 fine altogether and 6 months probation, which is now over.

The employer I am applying to a job for has posted this on the application process and I am confused as to whether I should declare my convictions or not. I've had a look at the Rehabilitation of Offenders Act 1974 and apparently its been amended recently in 2013? I also looked at the list of offences that are not filtered by a DBS check and mine do not appear on the list, only seems to be serious offences. I'm hoping someone can shed some light on whether I should declare these convictions or not! And whether a DBS will filther them out or not.

*********"Aldi meets the requirements in respect of exempted questions under the Rehabilitation of Offenders Act 1974. All applicants who are offered employment in certain posts will be subject to an Enhanced DBS check from the Disclosure & Barring Service before the appointment is confirmed. Applicants applying for roles eligible for a DBS check must provide details of any unspent convictions, cautions, reprimands or warnings should provide details below including the date.

Please select to indicate ‘I do not have any convictions, cautions, reprimands or final warnings that are not "protected" as defined by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended in 2013)'. Or, if this does not apply to you, enter details of any convictions, cautions, reprimands or warnings below. Guidance and criteria on the filtering of these cautions and convictions can be found on the Disclosure and Barring Service website. Any information given will be considered only in relation to an application for positions to which the order applies. Failure to disclose such information could result in subsequent dismissal or disciplinary action by Aldi Stores."**********

From what I've seen if I just paid a fine. It becomes spent after a year? So I no longer need to declare it to an employer?

Post Edited (nexus93) : 22/03/2015 23:10:33 (GMT+1)


nexus93
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Cheers Pineapple. Yeah I've had a good look over Unlock and a few other websites that define things in an understandable fashion rather than using all the legal terms that I'm not familiar with (I am now though after constant research!!)

***All applicants who are offered employment in certain posts will be subject to an Enhanced DBS check from the Disclosure & Barring Service ***

It does say "employment in CERTAIN POSTS" so I doubt I'd go through an enhanced DBS check for the role I am applying for. Maybe they have a few particular roles that do require a DBS, potentially high management roles?

At least my conviction has been spent and I don't have to wait another 4 years like I would have done before the reforms!
nexus93
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I did not a receive a community order. In total it was a £200 fine all the convictions combined. As well as 6 months probabtion (bind in?). Meaning I had to be on good behaviour for 6 months.

So when my conviction becomes spent I no longer have to declare to employees if asked. However if they do a DBS check on me it will come up? Won't that appear as if I've lied or will the DBS check declare it spent?

I used the disclosure calculator and it said my conviction will be spent on Feb 2015. Could you shed some light on why you said it won't be until Aug 2015?
nexus93
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How come it will become spent in August 2015? Would it not be February 2015 as that was a year since my conviction?

Also, if I understand this correctly, once my conviction becomes "spent" I no longer have to declare it if asked, however, because I got more than one conviction in a single proceeding, it will forever show on a DBS check regardless of the fact that it is "spent" or "unspent"?
GO


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