Criminal record

[Mojooo]

Someone I know has recently been convicted of defrauding his previous employer (it was 5 figures and he did not go to jail!).

So obviously he now has a criminal record and I guess this will prevent him from being able to take on almost any job that requires a CRB check.

So what do you think - is he screwed? Has he massivley restricted himself from most good jobs?

[Eric Mc]

It depends on the atitude of a future potential employer. Try David Cameron. He seems to like giving people a second chance.

[DCS01]

From what I understand it, not only is he screwed by not realy being able to apply for jobs that need a CRB. But also it is an offence not to tell an employer that you have a record.
Having said that I know a few people that take the view 'did not ask , don't tell'

[davepoth]

DCS01 said:

From what I understand it, not only is he screwed by not realy being able to apply for jobs that need a CRB. But also it is an offence not to tell an employer that you have a record.
Having said that I know a few people that take the view 'did not ask , don't tell'

http://www.nacro.org.uk/data/files/applying-for-wo...

NACRO say exactly the opposite. You don't have to disclose unless asked, and he can certainly apply for any job. On a standard CRB check the offence will show up for five years, and will always be there on the enhanced check used by the professions exempt under the Rehabilitation of Offenders Act. It's down to to the discretion of the employer whether they employ someone with a record, except for certain professions (child care and company directors spring to mind)

Given the type of offence and the size of the fraud, I guess his expertise are in accounting in some way? He will be very hard pushed to find employment in that sector with a fraud conviction.

[voicey]

Unless the job is listed as needing a specific CRB check (like childminding, etc) then he doesn't have to tell them once the offence becomes spent. How long it takes to become spent depends on the punishment.

Was his case reported in the paper? If it was then this is his biggest issue.

[skeeterm5]

davepoth said:

http://www.nacro.org.uk/data/files/applying-for-wo...

NACRO say exactly the opposite. You don't have to disclose unless asked, and he can certainly apply for any job.

Although most application forms specifically ask a question about convictions.

S

[Dr Jekyll]

davepoth said:

It's down to to the discretion of the employer whether they employ someone with a record, except for certain professions (child care and company directors spring to mind)

What? Can you really not be a director with a criminal record?

[Chilli]

I hear that temping or going for a short term contracting role might negate some of the checks.

[GeraldSmith]

Dr Jekyll said:

What? Can you really not be a director with a criminal record?

A criminal record doesn't in itself stop you from being a director but when convicted of an offence that relates the the running of a company, such as fraud, the court may also disqualify the offender from being a director.

[Blue Oval84]

Lots of companies ask, fewer actually still do the CRB check anymore.

I've known of people who just simply answer "no" to the convictions question and get the job.

[GeraldSmith]

Blue Oval84 said:

Lots of companies ask, fewer actually still do the CRB check anymore.

I've known of people who just simply answer "no" to the convictions question and get the job.

CRB Checks are only for if you are working with kids and vulnerable adults, they aren't directly available to those recruiting in other areas.

Lying is always an option, just like you can give yourself a degree you don't have or work experience you didn't do. In fact why not make up a whole new name and persona, what could possibly go wrong?

[GeraldSmith]

Wurls said:

GeraldSmith said:

CRB Checks are only for if you are working with kids and vulnerable adults, they aren't directly available to those recruiting in other areas.

No, no, no. My firm CRB check all new employees. Financial services, although its not a regulatory stipulation.

OK, let me rephrase.

They are mandatory for posts like working with children etc. Other posts are eligible, such as working in financial services, and other posts are not eligible, such as programming computers.

So as an IT company we aren't automatically eligible to CRB check staff. As a financial services company you are eligible but don't have to, whereas a company providing services to schools etc may have to CRB check.

[japgt]

Id like to add to this if i may??

I am in a similar position myself, got a single conviction 11 years ago, whilst suffering from a nervous breakdown and taking anti depressants, not excusing what i did as i know it was wrong, but wasnt fully compass mentass at the time.

I have just been made redundant from a job ive done for over 7 years for the same company, so im now on the job market, ive done some checking with regards to my criminal record and whether it is still shown, some say they are on there no matter whether they are spent convictions or not and others say they disappear after they are spent.

Can anyone catagorically confirm either way what position im in with regards to the crb check as it appears you cannot apply for one yourself, only potential employers can apply for them from what ive seen.

Any help appreciated, and whilst on the subject of jobs, if anyone has one going in the staffordshire area, please consider me!!!

Thanks

[Blue Oval84]

If your offence is spent under the Rehab of Offenders act, then my understanding is that you do NOT have to disclose it to potential employers.

The only exceptions would be certain roles where the conviction can never be spent, e.g. joining the Police.

[Chilli]

From what I remember, when applying for Banking roles in London, the forms specifically ask if you have any convistions that are not spent.
I assume that the form is worded this way, as spent convictions are either irrelevant or that they are not allowed to ask about them.

[GeraldSmith]

The first issue is whether it is spent. If the sentence was non-custodial then it is spent after 5 years, up to 6 months after 7 years and up to 2 and a half years it's ten years. If the sentence was more then 2.5 year it is never spent.

So if it is spent you don't need to disclose it unless it is a job working with children, vulnerable adults, most things to do with police or security or law enforcements or some roles in health, banking, pharmacy.

So if the sentence was less than 2.5 years and the role is nothing like those above you can ignore it.