conditional discharge

[gilly100788]

My son has a 12 month conditional discharge which ends in october. If he applies for another job after this time will he have to disclose to them that he had this against him ?

[Pigletion]

If it is deemed as spent (which I believe in your case is when the order has finished), then it doesn't need to be disclosed. Unless the job requires an enhanced CRB check then it will be picked up.

These may help..

Citizen's Advice Bureau

http://careersadvice.direct.gov.uk/helpandadvi ce/exoffenders/disclosure.htm

http://www.schoolzone.co.uk/resources/articles /career/legal_issues/convictions.asp

[gilly100788]

Thank you for your answer,he works in banking so do you know if this sort of career wld require an enhanced crb chk ?.

[Pigletion]

It often does, which is weird as is not dealing with children etc. Though it does usually say on the application form whether or not this is required.

However at Uni my friend damaged a car in a drunken rage, got caught immediately, admitted it, apologised and paid for the damage and got a criminal record (his Dad had just died and other stuff was bad, though that's not an excuse).

So this was spent in 5 years, during which time he was doing degrees so it didn't affect anything. He then applied to Investment Banks and Hedge Funds. He didn't initially disclose it, as he is not required to, but after getting further into the interview process he did tell them as he knew they would find out and he wanted to explain etc. He still got a job.

However, we were discussing this with a friend who works at a German investment bank and he said that they wouldn't have employed him. I'm not sure on the legalities of that, but he said it was company policy, so I assume that means it has to be fully outlined to you when you are applying.

By law it is spent and if it doesn't impact on his work (i.e. the nature of the crime doesn't) then he should be ok. He doesn't have to disclose it. However if it's found out in an enhanced check, he can say that he was young and stupid and has learned a valuable lesson etc. Hopefully after a few interviews he can gauge what is best for him.

Hope that helps

[gilly100788]

Thanks so much for your help really it wld really be best just to admit to it,and as you say he should have known better...thanks again

[WimpyGrill]

It depends on the role within the bank. Your son will never need an enhanced CRB check working in banking; however, he will need a standard CRB check if he is applying for a role that requires him to be FSA Approved as these roles are exempt from the Rehabilitation of Offenders Act. FSA Approval applies to the majority of, if not all, front office roles as well as some roles in compliance, such as a money laundering officer. Roles that do note require FSA Approval will only be subject to a basic disclosure which is carried out by Disclosure Scotland, these are back office and middle office roles, they are not as well paid as front office but you can still make a very good living out of them. Saying that though, I�m not sure how long a conditional discharge stays on a Standard CRB for. I�m pretty sure it will step down after a set amount of time at which point he won�t have to worry about it.

[WimpyGrill]

It depends on the role within the bank. Your son will never need an enhanced CRB check working in banking; however, he will need a standard CRB check if he is applying for a role that requires him to be FSA Approved as these roles are exempt from the Rehabilitation of Offenders Act. FSA Approval applies to the majority of, if not all, front office roles as well as some roles in compliance, such as a money laundering officer. Roles that do not require FSA Approval will only be subject to a basic disclosure which is carried out by Disclosure Scotland, these are back office and middle office roles, they are not as well paid as front office but you can still make a very good living out of them. Saying that though, I�m not sure how long a conditional discharge stays on a Standard CRB for. I�m pretty sure it will step down after a set amount of time at which point he won�t have to worry about it.

Update: Just done a bit of research and it appears that a conditional discharge becomes spent after 12 months at which point it will only appear on an enhanced CRB check

[gilly100788]

Thanks so much for that,there maybe light at the end of the tunnel !