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Author: Debbie Sadler

Monthly summary – June 2019

Welcome to our monthly update for June 2019.

This provides a summary of:

  1. thelatest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to people with a criminal record.

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 update, which links to threads on our online forum where you can discuss these with other people with convictions.

Work and volunteering

  • Long list of spent/disposals and how long it takes them to become spent under the Rehabilitation of Offenders Act 1974 – We’ve updated this page to give examples of how a relevant order can affect other convictions.

Travelling abroad

  • Identifying whether your offence is a Crime Involving Moral Turpitude – 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 Crime Involving Moral Turpitude.
  • Travelling to Japan – We’ve updated this page to include an individual’s personal experience of travelling to Japan with a criminal record.

Coming to the UK

  • Deportation due to a criminal record – We’ve added the details of a Court of Appeal deportation appeal case to this page where a deportee successfully resisted deportation not merely because he had a British child residing in the UK, but because of the impact his deportation would have on the child.

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.

SuccessVolunteers Week 2019 – A shout out to Unlock’s volunteers“Volunteer Week is celebrated between 1st and 7th June every year. It’s a week in which the UK celebrates volunteers and says thank you to them for the contribution they make. The week hopefully also raises awareness of the benefits of volunteering …..”

Struggles and stigmaWhat’s the point of having a policy if an employer doesn’t bother to follow it?“A couple of years ago I applied for a job at a large organisation famous for its inclusive values. Having unspent convictions for drugs-related offences, I was nervous about applying but the organisation’s online policy on recruiting people with criminal records was clear and seemed progressive. Although applicants were asked to disclose unspent convictions on their application form, the policy said …..”

SuccessThe inconsistencies of travelling when you have a sexual offence“I was convicted of a sexual offence and currently have to sign the Sex Offenders Register. I believe my conviction was harsh, but I’ve accepted it and understand that every year I’ll have to sign the register and, when I want to go abroad, I’ll have to inform the police …..”

SuccessForgiveness won’t change the past but it has improved my future – why I wasn’t added to the DBS barred list“Prior to my conviction in 2002, I was a law-abiding citizen with an impeccable record. I’d been in the same job for 20 years and also volunteered for several charities in my spare time. Other than my work and charity interests, my only other focus was my wife and children …..”

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.

Applying for work through a recruitment agency – DisplacedR has been having a lot of difficulties finding work through a recruitment agency due to his unspent conviction. He’s interested in hearing other people’s experience of applying for jobs with an unspent conviction. Can you help?

Things going well – Although things have been going well for Square, he’s just come up against an unexpected problem, namely disclosing his conviction to a new partner. Does anybody have any advice they can offer him?

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.

New dates announced for criminal record disclosure training

We’ve just announced details of our upcoming disclosure training for practitioners. Find more information here.

Report backs tax breaks for employers that recruit people with convictions

Commenting on a report published by Onward, Christopher Stacey, Unlock’s co-director has said “We welcome Onwards recommendations that government should deliver on the manifesto commitment to give employers a national insurance tax break to those who recruit people with convictions. Read Chris’ comments and Onwards Unlocking a better life report.

Monthly update – June 2019

We’ve just published our update for June 2019.

This months update includes:

  1. Some new information which aims to assist anybody travelling to the USA to identify whether their offence is a Crime Involving Moral Turpitude.
  2. An update on our page covering deportation due to a criminal record highlighting details of a successful Court of Appeal deportation case.
  3. A personal story setting out an individual’s experience of applying for a job with a ‘progressive’ organisation with an unspent conviction.
  4. A link to a discussion on theForum on applying for a job through a recruitment agency.
  5. Details of some new dates for Unlock’s criminal record disclosing training.

The full update provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to individuals with a criminal record.

Read the June 2019 update in full.

Best wishes,

Unlock

Notes

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.

Monthly summary – May 2019

Welcome to our monthly update for May 2019.

This provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to people with a criminal record.

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.

SuccessMy 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 stigmaThe 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 …..”

SuccessMy 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.

Monthly update – May 2019

We’ve just published our update for May 2019.

This months update includes:

  1. 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.
  2. A personal story highlighting an individuals experience of working as a teacher following a caution for affray.
  3. 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.
  4. 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.

The full update provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to individuals with a criminal record.

Read the May 2019 update in full.

Best wishes,

Unlock

Notes

Monthly summary – April 2019

Welcome to our monthly update for April 2019.

This provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to people with a criminal record

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 stigmaIs 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 ….”

SuccessThanks 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) ….”

SuccessHome 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.

Can an employer say ‘no criminal record will be tolerated?’ – Miguel has raised concerns about employers that have blanket bans on the recruitment of people with a criminal record. We’d like to hear about your experiences with these kind of employers.

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.

Monthly update – April 2019

We’ve just published our update for April 2019.

This months update includes:

  1. An advice post setting out the information an employer sees when they use the DBS Update Service to check a criminal record.
  2. 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.
  3. A personal story highlighting an individuals experience of volunteering as a helpline advisor for Unlock.
  4. A link to a discussion on theForum raising concerns about employers who have blanket bans on the recruitment of people with a criminal record.
  5. An update on the work we’ve been doing in supporting universities to develop fair admissions policies for applicants with previous criminal records.

The full update provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to individuals with a criminal record.

Read the April 2019 update in full.

Best wishes,

Unlock

Notes

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

Some examples of people we’ve helped

Looking back over the last couple of months, we’ve written up a few examples of the people we’ve helped.

We hope they give a good idea of how we help people.

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:

Abbie – How I challenged an enforced Subject Access Request (SAR) and kept my job

Sandra – Using a self-disclosure statement helped my daughter get a college place

Teresa – I challenged my employers decision following disclosure of a filtered conviction

LiamI successfully appealed my employer’s decision to dismiss me due to ‘unsatisfactory conduct’

We want to make sure that our website is as helpful as possible.

Letting us know if you easily found what you were looking for or not enables us to continue to improve our service for you and others.

Was it easy to find what you were looking for?

Thank you for your feedback.

12.5 million people have criminal records in the UK. We need your help to help them.

Help support us now