CRB checks

[lkclarky]

I have recently registered with a job agency and on application form it asked whether i had any criminal convictions. I answered NO. I have a conviciton that is spent under the rehabilitation of offenders act and from working in recruitment i know that this is acceptable. Some of their clients require a CRB check. If they wish to conduct a check i understand any spent convitions will show up so what do i need to do. Should i disclose my spent conviction or do they need to ask me the actual question do i have a any spent convicitions. If they do not ask and get the crb check and it shows up will they be able to decline me offers of employment?

[Buenchico]

Because you're not specifically applying for employment which is exempted from the provisions of the Rehabilitation of Offenders Act, the agency can't ask you about spent convictions. (Or, if they did, you could still lawfully answer 'No'. Any other arrangement would make a mockery of the legislation).

However, as you recognise, some employers might require CRB checks and (at present) these always show all convictions. Unfortunately, if an employer becomes aware of a spent conviction there is nothing to prevent them from denying someone employment. (The agency would be allowed to completely strike you off their books, if they so chose, even though there might be jobs waiting where no CRB is required).

See here:
http://www.lawontheweb.co.uk/rehabact.htm

The CRB is currently developing a new 'basic' CRB check, to be used by most employers, which won't show spent convictions. (That's because campaigners have pointed out that the present system acts against the spirit of the Rehabilitation of Offenders Act). Until then, you're stuck with the imperfections of the current system.

The best advice is probably stick to only revealing what you have to by law. That means that you should keep quiet about your spent conviction for the time being. (If you get a few successful temporary placements with the agency, before a CRB check shows your criminal conviction, you're more likely to find that they're happy to keep you on their books).

Chris