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Looking to travel to the US? You need to know if your offence is classed as “a crime involving moral turpitude”?
‘Moral turpitude’ is a legal concept in the US and is important when trying to work out whether you can travel under the Visa Waiver Scheme (ESTA) or whether you need to apply for a visa from the US Embassy.
The information that’s available from the US Embassy can make it difficult to match your UK offence with a US equivalent, and so it’s not always easy to work out if your offence would be deemed to be a “Crime Involving Moral Turpitude” (CIMT). This confusion can mean that people who would be eligible to travel with an ESTA go to the unnecessary time and expense of applying for a visa. Likewise, some people can end up mistakenly travelling on an ESTA when they should have applied or a visa.
To try and help with this, we’ve published some new information which sets out a list of the 80 most common UK offences and those which, in our opinion, would be deemed to be a CIMT.
As this information is new, we’re keen to get your thoughts. Let us know what you think of it and how it could be improved by emailing us at feedback@unlock.org.uk or completing our feedback form.
Have you stumbled across this? You can receive these updates direct to your inbox every month for free by signing up to our mailing list (make sure you choose to receive ‘news for people with convictions’)
Updates to our information site
Here’s a summary of updates that we’ve made recently to theinformationhub. There are links within each update to where you can find more information about the update. There are also links next to many of the updates, which links to threads on our online forum where you can discuss these with other people with convictions.
About criminal records
Your right to be forgotten – We’ve written a new advice post setting out details of how you can make a request to an organisation to delete your personal data once it’s no longer necessary for them to retain it, for example once your unspent conviction is spent.
Travelling abroad
Travelling to China – We’ve updated this page to include details of how drug offences are dealt with by the Chinese Immigration authorities.
Other areas of life
Shotgun and firearms licences – We’ve added the results of a Freedom of Information request which highlights the number of Firearms Certificates issued by the Isle of Man Constabulary.
theRecord posts
Below are links to recent posts to our online magazine, theRecord. These are often linked to the practical information that we have, to help give some personal experiences.
Success – My caution is still showing on my check but so far it’s not held me back – “Almost ten years ago, I was in the last year of university and had received a teacher training placement to start later in the year. Not long after getting my placement, I was out one evening with my partner when we got into an argument and he ended up head-butting me in the face and knocked me to the floor …..”
Struggles and stigma – The difficulty trying to rehabilitate and reintegrate miles from home – “After serving 10 years in prison (2/3rd’s of a 15 year sentence) I was due for automatic release on a 15 month licence last month. During my entire incarceration I have maintained my innocence of the historic allegations for which I was convicted at the age of 69 …..”
Success – My life behind bars – from prisoner to bar owner – “When you’ve been in and out of prison as many times as I have (I only received short sentences), you’re always going to find it hard to find a job. When you’re 17 stone, over 6ft tall and have an arm full of tattoos – well you’re just living up to some people’s image of a criminal …..”
Discussions on our online forum
Below are links to recent posts to our online forum. If you’d like to join in the discussion but are not currently a forum member, find out how you can join here.
Friend thinking of disclosing my conviction to neighbours – AndyR was convicted of a downloading offence a year ago. A friend that has always been very supportive recently started to feel that he should disclose Andy’s conviction to neighbours and other friends. Does anybody have any advice they can offer?
New job and found out – Pb01 has just been suspended from his new job after his employer found out information about his criminal record. He’d never previously been asked any questions about his conviction. Has anybody had a similar experience?
Other news and developments
Below are links to other news and developments that might be of interest to people with a criminal record. For more news, check out the news and media section of our main website.
Appointing a trustee with a criminal record: reflections of a successful applicant and charity
We’ve published a blog written by a charity working within the criminal justice system that was recently successful in getting a waiver from the Charity Commission for a trustee applicant that was “disqualified” because of their criminal record.
Bloomsbury Institute breaks new ground with ban the box for staff and students
Bloomsbury Institute in London is the first higher education provider in the UK to adopt Ban the Box principles for staff as well as students, a move that could encourage other universities to follow suit. Read more here.
Helpline closing for office move
Our helpline will be closed on Monday 3rd June 2019 as we’re moving offices (we’re staying in the same building; so not going far). All being well, we expect to reopen at 10am on Tuesday 4th June.
Whilst we’re closed, you can drop us an email, text or WhatsApp message. Our contact details can be found here. We promise to respond to every enquiry we receive as soon as possible following our reopening.
If you’ve got a question that you need answering, you may find the answer on this self-help site. Have a look at our quick links section which has answers to some of the most common questions we get asked.
An advice post detailing how you can request that an organisation delete your personal data once it’s no longer necessary for them to retain it.
A personal story highlighting an individuals experience of working as a teacher following a caution for affray.
A link to a discussion on theForum from a gentleman who has been suspended from work due to the non-disclosure of a conviction he was not asked to disclose.
A blog written by a charity working within the criminal justice system who’ve successfully applied for a waiver from the Charity Commission for a trustee applicant “disqualified” due to their criminal record.
If you’ve been forwarded this email, you can sign up to receive these updates directly by clicking here and selecting to receive ‘News/updates for people with convictions’
If you have found this information use, please leave us your feedback and/or consider making a donation.
Have you stumbled across this? You can receive these updates direct to your inbox every month for free by signing up to our mailing list (make sure you choose to receive ‘news for people with convictions’)
Updates to our information site
Here’s a summary of updates that we’ve made recently to theInformationHub. There are links within each update to where you can find more information about the update. There are also links next to many of the updates, which links to threads on our online forum where you can discuss these with other people with convictions.
About criminal records
What does an employer see when he checks your criminal record using the DBS update service? – We’ve written a new advice post to clarify what information an employer can see when they use the DBS Update Service to check your criminal record.
GDPR and data protection – Guidance for individuals – We’ve updated the guidance to include a section on taking a case to court if you believe that an employer or other organisation has breached your information rights.
Insurance
List of insurance brokers – We’ve updated the list to include some amended contact details and also a new broker.
theRecord posts
Below are links to recent posts to our online magazine, theRecord. These are often linked to the practical information that we have, to help give some personal experiences.
Struggles and stigma – Is it too much to expect a life without stigma following a criminal record? – “Prior to finding myself on the wrong side of the law, I was a highly skilled, tax-paying member of society. On release from prison in August 2014, I knew life was going to be hard, but I had no idea it would be this hard. The prejudice, stigma and ignorance I kind of expected, however, the lack of structure, support or framework to get skilled people back into work has been the most surprising part of the journey so far ….”
Success – Thanks Unlock for being part of my journey – Volunteering as a helpline advisor – “It was early 2018 and I was invited to attend a ‘Disclosure Workshop’ run by an organisation called Unlock. I’d never come across them before but the event looked as though it was going to cover more than just writing a disclosure statement (which it did) ….”
Success – Home sweet home – successfully appealing a Council’s decision to take a spent conviction into account – “My son Roman was aged 22 when he applied for and was accepted onto the housing register. After a year of bidding for a property, he was delighted to be offered a flat. On the day that he went to view it with a member of staff from the Council, he was asked ‘Do you have a criminal record?’ …. “
Discussions on our online forum
Below are links to recent posts to our online forum. If you’d like to join in the discussion but are not currently a forum member, find out how you can join here.
Sajid Javid – There’s been some discussion around the Home Secretary’s announcement this month that he is considering overhauling the disclosure rules around minor offences. Add your thoughts to this thread.
Other news and developments
Below are links to other news and developments that might be of interest to people with a criminal record. For more news, check out the news and media section of our main website.
Westminster Hall debate on the disclosure of youth criminal records – Following the publication of the Justice Select Committee’s report on the disclosure of youth criminal records in 2017, there followed a debate on this at Westminster Hall last month. You can read or watch the debate here.
Spring 2019 Newsletter – What we’ve been up to – Our Spring 2019 newsletter provides an update on the news at Unlock in the last 3 months.
University admissions: what’s changed? – Following the decision by UCAS to remove the question about criminal convictions for all university applicants, you can read Rachel Tynan’s blog on the work we’ve been doing in supporting universities to develop fair admissions policies for applicants with previous criminal records.
An advice post setting out the information an employer sees when they use the DBS Update Service to check a criminal record.
An update to our GDPR and data protection – Guidance for individuals page to include a section on taking action against employers when your information rights have been breached.
A personal story highlighting an individuals experience of volunteering as a helpline advisor for Unlock.
A link to a discussion on theForum raising concerns about employers who have blanket bans on the recruitment of people with a criminal record.
An update on the work we’ve been doing in supporting universities to develop fair admissions policies for applicants with previous criminal records.
If you’ve been forwarded this email, you can sign up to receive these updates directly by clicking here and selecting to receive ‘News/updates for people with convictions’
If you have found this information use, please leave us your feedback and/or consider making a donation.
What does an employer see when checking your criminal record using the DBS Update Service?
The DBS Update Service which was introduced in 2013 allows individuals to keep their standard or enhanced DBS certificates up-to-date by paying an annual subscription fee; currently £13 per year. This means you can effectively take your certificate with you when you move jobs or roles. An employer can then carry out free, online, instant checks to see if any new information has come to light since the certificate was issued – this is referred to as a ‘status check’.
Over the last couple of weeks, we’ve received calls from individuals who’ve been confused about what an employer can see when they carry out a search with several assuming that the employer will see a copy of their latest DBS certificate.
What will an employer ask you to provide?
If you’re happy for an employer to use the Update Service to check your criminal record, you’ll need to provide them with:
Verbal or written consent to check your record
Your name and date of birth
The DBS certificate number (you’ll find this in the top right-hand corner of the certificate).
You’ll also be asked to show them the latest paper version of your standard or enhanced DBS certificate.
Even if an employer uses the Update Service, they’ll still need to see the paper version of your certificate – so make sure you keep it safe as the DBS cannot issue replacements if you lose it.
Once they have the above, an employer can start to use the online tool.
Using the Update Service
An employer will need to log in online and provide details of their organisation together with the name of the individual who is requesting the check. If you need to, you’ll be able to check which organisations have carried out status checks on you.
Once the employer has given their details, they’ll be asked to provide the applicants surname, date of birth and the DBS certificate number.
Before the employer can go any further, they’ll need to agree with a legal declaration confirming that they have the authority of the applicant to check their record and they’re carrying out the correct level of DBS check.
The employer will then be able to see whether there has been any new information added since your last certificate was produced or whether your current certificate remains unchanged.
What if there’s new information on your DBS certificate?
If you’ve received further cautions or convictions or you’ve been added to the barred list, your employer will see the following message:
This DBS certificate is no longer current. Please apply for a new DBS check to get the most up-to-date information.”
At this point, the employer will usually ask you to apply for a new DBS certificate.
What if there’s no new information on your DBS certificate?
If there are no changes to your certificate, the employer will see the following message:
The certificate remains current as no further information has been identified since its issue.”
What if your cautions or convictions have been filtered since your last certificate?
The filtering of a caution or conviction would not cause a status change through the update service as a status change is only prompted when there is new information to be added. An offence which has been filtered would mean a removal of information from your certificate.
If you wish to have a certificate which doesn’t show the offence that has been filtered, you’ll need to apply for a new DBS check.
Given that once something is filtered, you no longer need to disclose it, then it’s sensible to apply for a new certificate. Many employers have little understanding of the filtering process and if you’re showing them a paper certificate with a filterable offence still on it, they’ll assume that it can still be taken into account.
For more information
For practical self-help information – More information is available on the DBS Update Service
However, more importantly than our role, we think that these examples show how people with convictions are able to overcome some of the barriers that have been put in their way due to their criminal record.
We’ve posted the examples below as case studies in the support section of our website:
Have you just stumbled across this? You can receive these updates direct to your inbox every month for free bysigning up to our mailing list (make sure you choose to receive ‘news for people with convictions’)
Updates to our information site
Here’s a summary of the updates that we’ve made recently to the theInformationHub. There are links within each update to where you can find more information about the update. There are also links next to many of the updates, which link to threads on our online forum where you can discuss these with other people with convictions.
About criminal records
Applying to come off the Sex Offenders Register if you’re on it indefinitely – We’ve written an advice post setting out how police forces across the UK deal with applications to be removed from the Sex Offenders Register if you’ve got an indefinite notification.
Organisations that have access to the Police National Computer (PNC) – We’ve updated this page, specifically the section on non-police organisations who have restricted access to the PNC.
Work and volunteering
Looking for friendly employers – Over the last few months, some of the organisations on our list of friendly employers have amalgamated or changed names. We’ve amended this page to reflect the various changes.
Banking
Identification (ID) for opening a bank account – This page has been updated to make it easier to navigate.
Other areas of life
Sources of identification – We’ve updated this page which now includes additional information in relation to applying for a Citizencard.
theRecord posts
Below are links to recent posts to our online magazine, theRecord. These are often linked to from the practical information that we have, to help give some personal experiences.
News and views – Has ‘Ban the Box’ turned a job interview into another courtroom? – “For anybody that doesn’t know, ‘Ban the Box’ is an initiative that encourages businesses to stop asking ‘Do you have any criminal convictions?’ and including a tick box on their application forms. This box makes it far too easy for employers to immediately bin job applicants that have a criminal record, even if minor or long ago. Ban the Box means each applicant can be evaluated as an individual, on merit, rather than immediately dismissed as an ex-offender …..”
Success – Disclosing convictions received during my employment – “I’d worked for my employer for over 5 years. I’d had regular DBS checks which always came back ‘clean’ and assumed that would continue to be the case. However, for reasons I won’t go into now, things really changed for me in 2018 and I received a couple of convictions over the course of eight months …..”
Discussions on our online forum
Below are links to recent posts to our online forum. If you’d like to join in the discussion but are not currently a forum member, find out how you can join here.
Settled and pre-settled status for EU citizens and criminal records – Miguel needs to apply for settled status and wants to make sure that he discloses the correct information. Can anybody give him any advice?
Can MOSOVO officers be offered evidence that disclosure is unnecessary? – Blackbird was given a SHPO pertaining to the use of devices that connect to the internet and has been told by the police that he needs to disclose this to his new employer. Has anybody had any experience of negotiating the necessity around disclosure with the police, maybe by offering them access to a work laptop? Any thoughts anyone?
Other news and developments
Below are links to other news and developments that might be of interest to people with a criminal record. For more news, check out the news and media section of our main website.
Book now for our criminal record disclosure training on 24th April 2019
Our next ‘criminal record disclosure’ training workshop is on the 24th April. Find out how to book along with details of alternative dates.
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