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Jobs you can legally take if you have a criminal record???
Hello. My husband has a conviction for "Threatening behaviour" from 1997, and a conviction for "Obtaining property by deception" (he told the car insurance ppl he had 3 points on his licence, not the 6 he actually had)from 2002. He has worked ever since in Iraq, believing that he will not get a job here in the UK. He wanted to work with people in secure units or care of people undergoing treatment for psychological disorders, which he used to do before he was convicted in 1997. Can he do this? What can and can't he do for a living now? Can anyone answer this please???
Thanks for reading this, Cherie S.
Thanks for reading this, Cherie S.
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You've not stated what sentences were imposed for the offences committed by your husband. They're relevant because they determine the 'rehabilitation period' after which, for most purposes, the convictions are regarded as 'spent'.
However, it's likely that non-custodial sentences were imposed, in which case it's likely that the rehabilitation period for each offence is 5 years. So your husband's convictions are already 'spent' (or will very shortly become so).
http://www.lawontheweb.co.uk/rehabact.htm
Once a conviction is spent, there is no requirement to declare it when applying for such things as insurance and for most types of employment. (Even if a question is worded as "Have you ever been convicted of a criminal offence?", the answer 'No' may be given, without risk of prosecution for deception).
However, some types of employment are exempt from the provisions of the Rehabilitation of Offenders Act. These are mainly jobs involved with the administration of justice, medical care or those involving close contact with children or vulnerable adults (which would seem to include people with psychological disorders) . When applying for these types of employment, convictions are never regarded as spent and must always be declared. However, declaring a criminal conviction does not normally automatically bar an applicant from employment; it's up to the employer to decide whether or not it has any relevance. (i.e. your husband isn't definitely barred from resuming his former employment but it's likely that most employers would be unprepared to 'take the risk').
You've not stated what sentences were imposed for the offences committed by your husband. They're relevant because they determine the 'rehabilitation period' after which, for most purposes, the convictions are regarded as 'spent'.
However, it's likely that non-custodial sentences were imposed, in which case it's likely that the rehabilitation period for each offence is 5 years. So your husband's convictions are already 'spent' (or will very shortly become so).
http://www.lawontheweb.co.uk/rehabact.htm
Once a conviction is spent, there is no requirement to declare it when applying for such things as insurance and for most types of employment. (Even if a question is worded as "Have you ever been convicted of a criminal offence?", the answer 'No' may be given, without risk of prosecution for deception).
However, some types of employment are exempt from the provisions of the Rehabilitation of Offenders Act. These are mainly jobs involved with the administration of justice, medical care or those involving close contact with children or vulnerable adults (which would seem to include people with psychological disorders) . When applying for these types of employment, convictions are never regarded as spent and must always be declared. However, declaring a criminal conviction does not normally automatically bar an applicant from employment; it's up to the employer to decide whether or not it has any relevance. (i.e. your husband isn't definitely barred from resuming his former employment but it's likely that most employers would be unprepared to 'take the risk').
For those types of employment where the Rehabilitation of Offenders Act does not apply, employers may insist upon checks being carried out with the Criminal Records Bureau. CRB checks will always show all convictions, irrespective of whether they would normally be regarded as spent. Additionally, when a person has been out of the country for some time, employers might insist upon seeing a 'certificate of good conduct' from the country where they've been living.
Realistically, I doubt that your husband would be able to resume his former employment. Personnel managers tend to 'play safe' when appointing staff. Any manager who appointed your husband would be worried that, if your husband assaulted a patient, the subsequent enquiry would lead to the personnel manager losing his job for making an unsuitable appointment.
Your husband should probably be seeking work which isn't exempted from the provisions of the Rehabilitation of Offenders Act.
Chris
Realistically, I doubt that your husband would be able to resume his former employment. Personnel managers tend to 'play safe' when appointing staff. Any manager who appointed your husband would be worried that, if your husband assaulted a patient, the subsequent enquiry would lead to the personnel manager losing his job for making an unsuitable appointment.
Your husband should probably be seeking work which isn't exempted from the provisions of the Rehabilitation of Offenders Act.
Chris
Sadly, Mr Helpful, I know what you mean. Mr. S. has had to work in Iraq for the last 4 years because the government won't let him work here (at least, not to earn a decent wage). It makes me angry thinking about all the immigrant workers who are flooding our country, they get benefits, a place to live and a job. I've got a Masters degree, have to work 50 hours a week to keep my roof over my head, and the government won't even let my hubby earn a decent day's wage because of something in his past which was blown out of all proportion. I get really riled about this!!!!!!!!
the problem is no one is doing anything about it, as long as they have a job and a roof over there head they will just carry on pretending everything is o.k, and call people like me racists for saying otherwise.
Cheries have you looked into the police step down procedure for spent convictions? if I can be of any help you can email me at [email protected]
Cheries have you looked into the police step down procedure for spent convictions? if I can be of any help you can email me at [email protected]
I think that your husband should start be accountable for his actions and stop this life of crime that is if he want to or ready to.
I am a Nichiren Shoshu Buddhist and it Cause and Effect from time without beginning, karma(thought, action and dee) the Lotus Sutra, the best English version is by Burton Watson, there are 28 chapters, the 2nd and 16th is the heart of it, it shows a better and kinder path to take in our live. Please look up the Hokkeo, it is not a formal organistation yet in the UK.
Kind Regards
I am a Nichiren Shoshu Buddhist and it Cause and Effect from time without beginning, karma(thought, action and dee) the Lotus Sutra, the best English version is by Burton Watson, there are 28 chapters, the 2nd and 16th is the heart of it, it shows a better and kinder path to take in our live. Please look up the Hokkeo, it is not a formal organistation yet in the UK.
Kind Regards
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