ChatterBank8 mins ago
Driving Ban
Twelve years ago, at a traumatic time in my life, I was convicted of drink driving and banned for 1 year. From that time I have had no driving incidences, not even any points and have had my driving licence re-issued so it now shows no evidence of my conviction.
I am applying for employment as a driver and I realise my licence will be scrutinised, but what is my position if asked " have you ever had a driving ban"? If I deny my ban do prospective employers have the right to contact the DVLA to enqire about my driving history?
I am applying for employment as a driver and I realise my licence will be scrutinised, but what is my position if asked " have you ever had a driving ban"? If I deny my ban do prospective employers have the right to contact the DVLA to enqire about my driving history?
Answers
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>>>you surely can't lie to them and expect them to give you the job Yes he/she can! The whole point of the Rehabilitati
23:01 Tue 26th Mar 2013
If you were only banned (and not fined), the conviction became 'spent' as soon as it was finished and you were no longer required to declare it to potential employers from that date (although, of course, it would still have appeared on your licence at that time).
If you were banned AND fined then the conviction became spent after a period of 5 years. (That assumes that you weren't convicted of any other criminal offence during that period, as no conviction can become spent while another is still unspent).
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Therefore you can lawfully answer 'No' to any question asking whether you've ever been banned from driving. DVLA would be contravening the Data Protection Act if it revealed information about your driving history to a potential employer.
If you were banned AND fined then the conviction became spent after a period of 5 years. (That assumes that you weren't convicted of any other criminal offence during that period, as no conviction can become spent while another is still unspent).
http://
Therefore you can lawfully answer 'No' to any question asking whether you've ever been banned from driving. DVLA would be contravening the Data Protection Act if it revealed information about your driving history to a potential employer.
>>>the company rang DVLA while he was in the office, to check the status of his licence
The DVLA can only confirm that a licence is valid, that no disqualification currently applies and that there are no penalty points which should appear on the licence but which aren't shown (because, for example, the driver has failed to submit it for endorsement).
As I stated above, revealing any other information would breach the provisions of the Data Protection Act.
The DVLA can only confirm that a licence is valid, that no disqualification currently applies and that there are no penalty points which should appear on the licence but which aren't shown (because, for example, the driver has failed to submit it for endorsement).
As I stated above, revealing any other information would breach the provisions of the Data Protection Act.
but the question they have asked you is whether you have EVER had a ban - which you have! you surely can't lie to them and expect them to give you the job. Be honest, explain it was 12 years ago and that since then you have an immaculate record - far more likely to get the job than if you lie to them about it and they find out. good luck
>>>you surely can't lie to them and expect them to give you the job
Yes he/she can!
The whole point of the Rehabilitation of Offenders Act is that it 'wipes the slate clean' after a designated period of time and gives a potential employee (or, for example, someone seeking insurance cover) the right to state that they've not been convicted of an offence.
The Act also covers related matters. For example, someone might be turned down for household insurance cover solely because of an unspent criminal conviction. Later, when that conviction is spent, they apply again and are asked "Have you ever been convicted of a criminal offence?" AND "Have you ever been refused insurance cover?", they can then lawfully answer 'No' to BOTH questions. It is NOT 'lying' because the law regards 'No' as the CORRECT answer.
Yes he/she can!
The whole point of the Rehabilitation of Offenders Act is that it 'wipes the slate clean' after a designated period of time and gives a potential employee (or, for example, someone seeking insurance cover) the right to state that they've not been convicted of an offence.
The Act also covers related matters. For example, someone might be turned down for household insurance cover solely because of an unspent criminal conviction. Later, when that conviction is spent, they apply again and are asked "Have you ever been convicted of a criminal offence?" AND "Have you ever been refused insurance cover?", they can then lawfully answer 'No' to BOTH questions. It is NOT 'lying' because the law regards 'No' as the CORRECT answer.
Buenchico - it may be a case of the slate being wiped clean - but they have asked a direct question - whether there has EVER been a disqualification, not whether there is one currently showing on his record. Are you seriously advocating lying to a potential employer? the truth will always out, and when it does, he will be sacked, and then he'll have to explain that to future potential employers
[Nini74] "Are you seriously advocating lying to a potential employer?"
Chris is not offering an opinion, he is restating a fact which has been in place for four decades - it is UK legislation which is advocating 'lying' to a potential employer.
The Rehabilitation of Offenders Act 1974 exists to support the rehabilitation into employment of reformed offenders who have stayed on the right side of the law.
Under the Act, following a specified period of time which varies according to the disposal administered or sentence passed, all cautions and convictions (except those resulting in prison sentences of over 30 months) are regarded as ‘spent’. As a result the offender is regarded as rehabilitated.
For most purposes the Act treats a rehabilitated person as if he or she had never committed an offence and, as such, they are not obliged to declare their caution(s) or conviction(s), for example, when applying for employment or insurance.
Once a caution or conviction has become spent under the Act, the ex-offender does not have to reveal it or admit its existence in most circumstances. There are some exceptions, but unless you are told one of these applies and are asked for more details of all your cautions or convictions, spent cautions and convictions need not be disclosed when filling in a form, or at an interview, for instance for a job. An employer cannot refuse to employ someone (or dismiss someone) because he or she has a spent caution or conviction unless an exception applies.
The exceptions where you may have to declare spent cautions and convictions are listed on the Rehabilitation of Offenders Act 1974 (Exceptions) Order.
http://
Chris is not offering an opinion, he is restating a fact which has been in place for four decades - it is UK legislation which is advocating 'lying' to a potential employer.
The Rehabilitation of Offenders Act 1974 exists to support the rehabilitation into employment of reformed offenders who have stayed on the right side of the law.
Under the Act, following a specified period of time which varies according to the disposal administered or sentence passed, all cautions and convictions (except those resulting in prison sentences of over 30 months) are regarded as ‘spent’. As a result the offender is regarded as rehabilitated.
For most purposes the Act treats a rehabilitated person as if he or she had never committed an offence and, as such, they are not obliged to declare their caution(s) or conviction(s), for example, when applying for employment or insurance.
Once a caution or conviction has become spent under the Act, the ex-offender does not have to reveal it or admit its existence in most circumstances. There are some exceptions, but unless you are told one of these applies and are asked for more details of all your cautions or convictions, spent cautions and convictions need not be disclosed when filling in a form, or at an interview, for instance for a job. An employer cannot refuse to employ someone (or dismiss someone) because he or she has a spent caution or conviction unless an exception applies.
The exceptions where you may have to declare spent cautions and convictions are listed on the Rehabilitation of Offenders Act 1974 (Exceptions) Order.
http://
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