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Should I have told my potential employer about my record?


Should I have told my potential employer about my record?

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Debbie Sadler
Debbie Sadler
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Hi

Legally, if you're not asked about your criminal record, then you don't have to tell an employer.

Many organisations are now choosing not to ask about criminal records until they have given an applicant a conditional offer of employment. I doubt whether they forgot to ask you at the interview - its more likely that they will ask further down the recruitment process. For many bank roles, you will also be asked to have a basic criminal record check. I wouldn't worry too much at the moment, wait and see whether you're offered the job. If you are, then just be up front and honest about your conviction and reassure them that this was a one off and that you do not pose any risk to them. Sadly, they could decide to revoke the job offer.

Hope this helps. Let us know how you get on.


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Debbie Sadler
Debbie Sadler
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Hi

Just one more thing to be aware of, if your suspended sentence was wholly suspended for 12 months then this means that your conviction would not be spent until June 2020 and not June 2017.

If you would like further clarification around this, please feel free to give the Unlock Helpline a call.


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Mirrorman
Mirrorman
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I'm in the same boat, motivation is completely gone. I will be on benefits until I kill myself.
Yankee
Yankee
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Good and bad news. Most Banks (including Barclays) carry out pre-employment screening once you have been offered a job. It can be done by the internal HR team or outsourced and will typically involve a credit check, reference checks and questions about convictions. Most financial services roles (I'm not sure about customer services) also require a Standard DBS check which discloses unspent convictions as well.

The good news is that Barclays have signed up to Ban the Box - this means they evaluate candidates first and ask questions afterwards. That would suggest that if you are a suitable candidate, they will be willing to treat each case on it's merit when there are unspent convictions as opposed to a blanket no.

Barclays PLC – Personal and Corporate Bank
Sector: Financial Services
How and when do they ask about criminal convictions? Barclays does not ask candidates about
their criminal convictions at the application stage for any roles within the Personal and Corporate
Banking division. Checks are conducted within the candidate screening process, when applicants are
asked to disclose unspent criminal convictions. The Bank also recruits for regulated roles, for which
further checks would be conducted and information about both spent and unspent convictions is
requested.
When did they join the Ban the Box campaign: January 2015
Why did they join the campaign? “Ban the Box is a common sense way to ensure that businesses
don’t make assumptions about prospective employees before learning the facts, whist still ensuring that
appropriate questions are asked through the process. We wouldn't have found some of our best
apprentices if we hadn't made this change ourselves. That is why Barclays is backing this important
programme in partnership with Business in the Community.”
Matt Hammerstein, Head of Client and Customer Experience at Barclays.
Square
Square
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I've been there.

I have wanted to die and been far too close to doing something about it far too many times for my own liking. For me, my struggle was with accepting my conviction - I had not done almost all I was convicted off. I lost my career, everything I had studied for up to that point became useless, I was publicly humiliated in the press and I lost almost all my friends (to be fair, I cut ties with them).

Firstly - death is not the answer. All that will do is call more hurt and pain. If you are seriously looking at this as a way out you need to talk to your GP or call the Samaritans.

I struggled with 'signing on'. Every time I went to the Job Centre I lost a little of the dignity I still had.

about a year ago I got the most menial, manual and sole destroying job you could imagine but I was earning. I was going somewhere every day and socialising with people. My mental health improved greatly. about 5 months ago I had a major mental 'wobble' - this was down to me realising I had very few friends. I dealt with this by joining a running club - I really enjoy it and like the people that go. Since getting my job, I have been promoted 3 times within a year - simply from management recognising my skills and aptitude. OK my wage isn't good, but I have went from minimum wage to £18-£20k per year

OK, my life is far from as good as it was pre-conviction, but it is so much better than it was a year ago.

My suggestions for anyone in similar situations would be:
1. Change your name if your conviction was reported
2. Rip up your CV and create a very basic, dumbed down version
3. Apply for entry level, manual work with no responsibility and minimal IT contact (less chance of background checks)
4. Work hard and make your way up from the bottom
5. Look at your life and improve it - join clubs, go to evening classes etc.
6. Find something that makes you happy (and is legal!) - for me it was old BBC comedy DVD's

Oh, and if a company asks about your criminal record, have something prepared and written down in a sealed envelope. Mark it Private and Confidential and 'To be opened on likely offer of a job'. I use to do this as i knew that any job offer would be revoked if they knew.

OH and BE HAPPY!
BenS
BenS
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Hi,

To answer your question we would need to know (1) when you were convicted, and (2) if the job you applied to is exempt for the Rehabilitation of Offenders Act (i.e. if you need a DBS check).

Both a fine and a community order become spent after one year (for a community order, it's one year after the end of the order) So if it happened over a year ago and it is not one of the small number of jobs that requires the disclosure of spent convictions, then you can legally tick NO to all questions about convictions.

If your conviction is not spent and they ask you at any stage, then you are legally obliged to tell them and you are committing an offence if you don't.

Hopefully the fact that they didn't ask you at interview means that they're not too bothered about it.

---

As an aside, if it is a standard job that is not exempt from the ROA, does it really phrase it "criminal convictions"? This is misleading, and should say "unspent (criminal) convictions".
james gtr manchester
james gtr manchester
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Hi,

Did you get the job?

I was convicted and sentenced to a community order for the possetion of indecent images of children.

Since then i'm finding it hard to get back into IT. Its got to the point where no one wants to touch me with a barge pole.

I've tried explaining to people that whilst its not an excuse I did try and kill myself, go missing, self harm. It's getting to the point where i'm struggling to continue and move forward.

I'm trying so hard, i'm applying left right and centre and getting no where. I've actually now got a job I CAN do. But I can't get the public liability insurance now.

Everywhere I go there's a road block.
james gtr manchester
james gtr manchester
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Been there and taken 3 overdoses

I'm trying to move on, but its like I see a problem, find a soluton. Another problem appears.

I'm sick of explaining to people and people asking inappropriate questions. I had one company ask for my Psych report, I mean what's it got to do with the company that I was in a relationship, and how often I mas*******d!!?
james gtr manchester
james gtr manchester
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Hi,

Yeah i'm hitting the same issue with anything I go for, what ever I go for requires a DBS.

Everywhere I go i'm hitting brick wall after brick wall.

The police, probation, my therapist really want me to be working again. They understand that what I did was out of character.

Until this happened I could never understand how people got caught up in this cycle. Now I do, if no one is going to support, help you, and get you back to normal you might as well give up.
Li2721
Li2721
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I have applied for a job and as of yet there has been no questions asking me about criminal convictions. It stated at the interview process I would be asked. I went to the interview and they didn't ask (they must have forgotten?) Anyway, if I am offered the job do I have to tell them about my criminal record? Am I legally obliged too? I am afraid that if/when I do they would take the job offer back. Are they allowed to do this? I didn't go to prison, I received a fine and 40 hours community service.
GO


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