ChatterBank7 mins ago
Criminal records
5 Answers
I am 20 i have a criminal record for a fraud issue which gave me 6months in prison i heard it gets spent in 7 years does that mean i can continue with my University degree and get a job like normal people after the 7 years or will it remain on my record for life? please help as im contemplating just getting a average job and leaving university over this matter, my lawyer said although it gets spent it will remain in the record for life. I am most confused thank you.
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(2-part post):
Once a conviction is 'spent' you don't have to declare it on most applications for employment (see exceptions below). So, if an application form asks "Have you ever been convicted of any criminal offence" you can legally answer "No" without committing a further offence of fraud. (i.e. the law allows you to lie without threat of retribution).
Some jobs are, however, exempt from the provisions of the Rehabilitation of Offenders Act. These are generally jobs working within, or alongside, the 'caring professions'. So any job working with children will be exempt, as will most jobs within the NHS. The fact that an exemption applies will always be clearly stated on the application form. In this case, you wouldn't be allowed to answer "No" when asked if you've got any criminal convictions. (If you did so, you could be charged with 'seeking to gain a pecuniary advantage by deception').
The terms of the Rehabilitation of Offenders Act apply to things other than employment. With a conviction for fraud, it's extremely unlikely that you'll be able to get anyone to insure your house or its contents for the next few years. (You'll have to declare the conviction on any application form. Failure to do so would invalidate any insurance obtained and might lead to criminal proceedings). Once the conviction is spent, however, you can safely 'lie' and write 'No' on the form.
Once a conviction is 'spent' you don't have to declare it on most applications for employment (see exceptions below). So, if an application form asks "Have you ever been convicted of any criminal offence" you can legally answer "No" without committing a further offence of fraud. (i.e. the law allows you to lie without threat of retribution).
Some jobs are, however, exempt from the provisions of the Rehabilitation of Offenders Act. These are generally jobs working within, or alongside, the 'caring professions'. So any job working with children will be exempt, as will most jobs within the NHS. The fact that an exemption applies will always be clearly stated on the application form. In this case, you wouldn't be allowed to answer "No" when asked if you've got any criminal convictions. (If you did so, you could be charged with 'seeking to gain a pecuniary advantage by deception').
The terms of the Rehabilitation of Offenders Act apply to things other than employment. With a conviction for fraud, it's extremely unlikely that you'll be able to get anyone to insure your house or its contents for the next few years. (You'll have to declare the conviction on any application form. Failure to do so would invalidate any insurance obtained and might lead to criminal proceedings). Once the conviction is spent, however, you can safely 'lie' and write 'No' on the form.
A 'criminal record' is a life-long document. It can be referred to by the police, the security services, the Criminal Records Bureau and the courts. So, if you came before a court in 40 years time, the magistrates or judge would still be told of your previous conviction when considering sentence.
Many employers now insist on a Criminal Records Bureau check before making an offer of employment. For most types of employment, employers can only insist on a 'standard' CRB check. In order not to undermine the provisions of the Rehabilitation of Offenders Act, a certificate issued under the 'standard' procedure will not show any spent convictions.
Anyone applying for a job exempted from the provisions of the Rehabilitation of Offenders Act (or applying for, say, a taxi driver's licence) will be required to undergo an 'enhanced' CRB check. A certificate issued under the 'enhanced' system will list all convictions, including those which would normally be classified as 'spent'.
Hoping that this makes things a bit clearer,
Chris
Many employers now insist on a Criminal Records Bureau check before making an offer of employment. For most types of employment, employers can only insist on a 'standard' CRB check. In order not to undermine the provisions of the Rehabilitation of Offenders Act, a certificate issued under the 'standard' procedure will not show any spent convictions.
Anyone applying for a job exempted from the provisions of the Rehabilitation of Offenders Act (or applying for, say, a taxi driver's licence) will be required to undergo an 'enhanced' CRB check. A certificate issued under the 'enhanced' system will list all convictions, including those which would normally be classified as 'spent'.
Hoping that this makes things a bit clearer,
Chris
It should also be said that while you might have to declare it this doesn't stop you getting jobs.
Personally I've had about 5-6 jobs over the last 15 years and I have never had to fill in a form which asked if I had a criminal record nor have I ever been asked in an interview.
If anything staying at university would show an employer that you had learnt from your experience and would want to make a go of it.
It also depends of course on what sort of Degree you are doing and what career you would be doing, given it was fraud this wouldn't be a great thing to have looking for a career in banking.
Personally I've had about 5-6 jobs over the last 15 years and I have never had to fill in a form which asked if I had a criminal record nor have I ever been asked in an interview.
If anything staying at university would show an employer that you had learnt from your experience and would want to make a go of it.
It also depends of course on what sort of Degree you are doing and what career you would be doing, given it was fraud this wouldn't be a great thing to have looking for a career in banking.
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