News1 min ago
dodgy past 10yrs ago
9 Answers
hi over 10yrs ago i was convicted of fraud+theft -got 200 hrs com. service- after that nothing. now starting a new job in a warehouse and they want me to do a police check on myself and give them the results!! so to my question- is there a time span when things drop off after a period? in my case 10 yrs!!
please help if you can
please help if you can
Answers
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(2-part post):
If you exercise your right to obtain, from the police, a copy of the data held on the Police National Computer, this will show any convictions you may have, however old they may be.
However, the policy of the police is not to assist in obtaining information for employment checks. This is because to do so would enable employers to circumvent the provisions of the Rehabilitation of Offenders Act. Under that Act, your conviction is now 'spent'. (Where a sentence of community service is imposed and there are no later convictions, the offence becomes spent after 5 years). That means that you do NOT have to declare it (either directly or by getting a printout from the Police National Computer) when applying for employment. (Certain types of employment, such as working with children, are exempt from these provisions. However, they're almost certainly not relevant here and, anyway, an employer can only require you to divulge spent convictions if he states which section of Act provides the exemption).
If you exercise your right to obtain, from the police, a copy of the data held on the Police National Computer, this will show any convictions you may have, however old they may be.
However, the policy of the police is not to assist in obtaining information for employment checks. This is because to do so would enable employers to circumvent the provisions of the Rehabilitation of Offenders Act. Under that Act, your conviction is now 'spent'. (Where a sentence of community service is imposed and there are no later convictions, the offence becomes spent after 5 years). That means that you do NOT have to declare it (either directly or by getting a printout from the Police National Computer) when applying for employment. (Certain types of employment, such as working with children, are exempt from these provisions. However, they're almost certainly not relevant here and, anyway, an employer can only require you to divulge spent convictions if he states which section of Act provides the exemption).
You should tell your employer that the police policy is that they will not support applications for disclosure for employment purposes. Say that you've been advised that, instead, the company should apply to the Criminal Records Bureau:
http://www.crb.gov.uk/Default.aspx?page=381
The CRB will run a check on you at 'standard' level. This will produce an official print out which will list all of your criminal convictions EXCEPT those which are spent. (i.e. it won't actually show any convictions).
The CRB check is the route which potential employers are meant to follow. By trying to get you to obtain a printout from the Police National Computer they're trying to (a) save money and (b) circumvent the provisions of an important law relating to personal privacy.
For further information about the Rehabilitation of Offenders Act, check out the various links down the left of this page from Liberty:
http://www.yourrights.org.uk/your-rights/chapt ers/the-right-to-privacy/spent-convictions-and -rehabilitation-of-offenders/index.shtml
Liberty operate an advice line for questions relating to apparent breaches of your human rights (which is what your employer's demand seems to be). Limited resources means that the advice line can only be staffed part-time, so call on 0845 123 2307 during the following hours:
Monday & Thursday: 6.30 pm - 8.30 pm
Wednesday: 12.30 pm - 2.30 pm
Chris
http://www.crb.gov.uk/Default.aspx?page=381
The CRB will run a check on you at 'standard' level. This will produce an official print out which will list all of your criminal convictions EXCEPT those which are spent. (i.e. it won't actually show any convictions).
The CRB check is the route which potential employers are meant to follow. By trying to get you to obtain a printout from the Police National Computer they're trying to (a) save money and (b) circumvent the provisions of an important law relating to personal privacy.
For further information about the Rehabilitation of Offenders Act, check out the various links down the left of this page from Liberty:
http://www.yourrights.org.uk/your-rights/chapt ers/the-right-to-privacy/spent-convictions-and -rehabilitation-of-offenders/index.shtml
Liberty operate an advice line for questions relating to apparent breaches of your human rights (which is what your employer's demand seems to be). Limited resources means that the advice line can only be staffed part-time, so call on 0845 123 2307 during the following hours:
Monday & Thursday: 6.30 pm - 8.30 pm
Wednesday: 12.30 pm - 2.30 pm
Chris
Have they asked you to do a basic disclosure through disclosure scotland? Don't let the name fool you - it deals with the whole UK.
If they have then it will only list unspent convictions under the ROA. The report will be sent to you at your address and you will have to give them a copy (if you want to).
To be honest, they have a right to ask you for it. But at the same time, you have a right to decline it. You just won't be able to work for them.
If they have then it will only list unspent convictions under the ROA. The report will be sent to you at your address and you will have to give them a copy (if you want to).
To be honest, they have a right to ask you for it. But at the same time, you have a right to decline it. You just won't be able to work for them.
Of course, if this is recent policy change, then it probably goes against your existing contract of employment. In this instance, as you are not in breach of your contract they would have to make you redundant. Of course, if you refuse to do it, you are essentially telling them you've something to hide.
My advice would be to get the report anyway (given that it's posted to you at home rather than the company) and see what comes back on it, and then see how you want to proceed.
http://www.disclosurescotland.co.uk/
My advice would be to get the report anyway (given that it's posted to you at home rather than the company) and see what comes back on it, and then see how you want to proceed.
http://www.disclosurescotland.co.uk/
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