Fabiola had several convictions which she’d received during a particularly difficult period in her life. Although she’d been to college and changed her life considerably, she was still finding it difficult to find a job that had decent prospects and opportunities to progress.

After being turned down for yet another job, Fabiola contacted the Unlock helpline in desperation explaining that her convictions were continuing to blight her life and that she could see no hope for the future.

Although she wasn’t able to provide details of all her convictions, the Unlock helpline advisor told Fabiola that, in his opinion, her convictions were likely to now be spent and, for the majority of jobs, she would not need to disclose them. The advisor suggested that Fabiola get details of her criminal record by applying to ACRO for a subject access request and then use the Unlock disclosure calculator to find out whether her convictions were spent or not.

Fabiola said:

“I followed the advice that I was given by the Unlock helpline advisor and as soon as I’d received the details of my convictions, I put the data into the disclosure calculator. It came back that all my convictions were spent – I’d been incorrectly disclosing them for years. The calculator has really made my situation very clear and I’ve just applied for another job and ticked the ‘No’ box on the application form .”

Lessons

Unless the job you’re applying for is exempt from the Rehabilitation of Offenders Act, employers should disregard any spent convictions that they become aware of. However, as we know, this doesn’t always happen and employers may find it difficult to ‘forget’ information relating to a criminal record. We always recommend that you find out whether your convictions are spent or not before you start applying for jobs. One way of doing this (which Fabiola didn’t do because of the cost) is to get a copy of your own basic DBS check. The alternative way is to do what Fabiola did and get a subject access request and then use the Unlock disclosure calculator to find out whether her convictions were spent or not.

Links

• Visit the disclosure calculator

Notes about this case study 

This case study relates to our disclosure calculator.

Names and details have been changed to protect the identity of those involved.

During his time in prison, Alan had done all he could to make himself more employable upon release. Knowing that it would be extremely difficult to find work with a conviction which was never spent, Alan did an NVQ course in plumbing as well as attending self-employment and business start-up courses in prison.

Upon release, he was able to secure a small amount of funding to purchase some tools and his parents bought him a work van. However, his business dreams were almost over before they’d even got going when he discovered how difficult it was to insure his vehicle.

A search of the internet led him to the InformationHub site and Unlock’s list of insurance brokers. After comparing the prices of several brokers he settled on one who was also able to give him a competitive quote for both motor and employers liability insurance.

Alan said:

“I never dreamt that I’d have problems getting van insurance because of my criminal record. Many high street insurers wouldn’t give me the time of day and those that did wanted to charge me an exhorbitant premium. Coming across the InformationHub site was a godsend and I’ve managed to get van and employers liability insurance at an affordable price. I can now concentrate on building up my client base”.

Lessons

Most people recognise that finding a job with an unspent conviction may be difficult. However very few consider that a criminal record will also have an impact on buying insurance and, the significant impact this will have on any business start up.

Links

• Practical information: Insurance

Notes about this case study

This case study relates to our information site.

Names and details have been changed to protect the identity of those involved.

When Ruby’s son was arrested and charged with a criminal offence she was surprised by the lack of information that was available. Although her son’s solicitor was able to provide plenty of advice about the court case and the sentence he was likely to receive, he knew very little about the ongoing effects of a criminal record.

The family wanted to try and find some positives from the situation they found themselves in but, any information they did find was either extremely negative or raised more questions than it answered. Although the family were a great source of strength and comfort to each other, Ruby found this lack of information incredibly isolating.

Ruby was worried about asking the police any questions for fear that it may be taken out of context. However, it was a police officer that suggested Ruby and her son have a look at the Unlock InformationHub site.

Ruby said:

“When my son was charged, he was crushed, we all were. Having reliable and up to date information on how a criminal record can affect your future has been a true source of support. The InformationHub has been a source of hope for us and although things look dark now, I know we’ll get through this”.

Lessons

We know that people need different information during their journey through the criminal justice system and it’s often the case that they ‘don’t know what they need to know’. It was for this reason that we developed our 7 stages of a criminal record information which provides an overview of the areas of life that will be affected by your record and when.

Links

• Practical information: Seven stages of a criminal record

Notes about this case study

This case study relates to our information site.

Names and details have been changed to protect the identity of those involved.

Like many people who receive a conviction, Michaela was ashamed and embarrassed that she had a criminal record. Her conviction led to the loss of her job and her home and although her family and friends had been very supportive, she’d cut herself off from many of them leaving her feeling alone and isolated.

Michaela had been working as a teaching assistant at the time of her conviction but had always wanted to go into teaching. She knew that she needed to find a job to support herself but was certain that her chances of ever working in a school again and her dream of becoming a teacher were over.

During an online search Michaela came across the Unlock forum. She spent a few days just reading some of the posts before she joined as a member.

In one of her first posts she highlighted her feelings of hopelessness and how scared she was at the thought of applying for work. The opportunity to talk to people who had been through similar experiences had a huge impact on Michaela and many members gave her practical information such as when her conviction would be spent and, the fact that it would also be eligible for filtering at some point in the future. Being able to talk openly and honestly made her feel less isolated and she started to see some light at the end of the tunnel.

Michaela states:

“Talking to people on theForum made me come alive again. It was good to know that I wasn’t on my own and that my conviction wouldn’t necessarily hold me back or stop me from pursuing my dreams”.

Lessons

One of the great things about online discussions is that you get the chance to hear different views and opinions from people who are going through or been through similar experiences to your own.  This means you’ll be able to find out what works and what doesn’t and also be guided to other sites or organisations for more specialist information and advice.

Links

• You can visit (and join) the online forum

Notes about this case study 

This case study relates to our online forum.

Names and details have been changed to protect the identity of those involved.

Knowing when and who to share details of your criminal record with is very often a difficult decision to make, but even more so when you have been convicted of a sexual offence.

The only person Luca had spoken to about his conviction was his probation officer who’d told him that as he’d been convicted of a sexual offence, his conviction would never be spent and he would need to disclose it to any future employer forever.

Although he’d worked as a project manager prior to his conviction, Luca had only worked sporadically since, either for friends or in short term temporary jobs. The shame and embarrassment surrounding his conviction meant that he avoided applying for any jobs which mentioned DBS checks although he felt like there seemed to be less and less of these being advertised.

Luca had been using Unlock’s InformationHub site when he found out about the online forum. He became a member straight away and his first posts were about disclosure advice. It didn’t take long for forum members to start asking him for more details about when he’d received his conviction and what type of jobs he was applying for. Once it became clear that Luca’s conviction was spent and he was no longer on the Sex Offenders Register, members started suggesting that there was probably no need for him to disclose for the jobs he was applying for and that his conviction wouldn’t appear on a basic DBS check.

Luca states:

“When my probation officer told me that I’d always have to disclose my conviction I didn’t question it, why would I? It was only through talking with my peers on theForum that I came to realise that the advice I’d initially been given was wrong and that I didn’t need to disclose my spent convictions at all. I applied for my own basic DBS check just to be certain and, sure enough, it came back clear”.

Lessons

There is a lot of incorrect and misleading information about criminal records and sexual offences and due to the nature of the offence, people like Luca find it difficult to seek information and advice. Having seen for himself that his conviction is now spent will no doubt give Luca the confidence to apply for many future jobs he feels he’s qualified to do.

Links

• You can visit (and join) the online forum

Notes about this case study 

This case study relates to our online forum.

Names and details have been changed to protect the identity of those involved.

Arthur was disappointed to hear that a recruitment agency he’d tried to register with had refused to put him on their books due to his criminal record. He had used the guidance the agency had provided which stated that any prison sentence of over 2.5 years would never be spent and, as he’d received a 3 year sentence, Arthur had disclosed this to the agency.

It was only once he started to research whether the agency’s actions were lawful that he discovered that in March 2014 changes had been made to the Rehabilitation of Offenders Act which meant that it was only prison sentences of over 4 years that were never spent.

Arthur found links to Unlock’s ‘Is it spent?’ poster as well as the disclosure calculator which he used to confirm the date upon which his conviction would be spent. After inputting the details of his conviction, he was pleased to learn that it was already spent.

Arthur took a print out of the result together with information from Unlock’s InformationHub site to the agency and asked them to reconsider their decision to register him.

Arthur said:

“The disclosure calculator was such a great tool and gave me the evidence I needed to prove that my conviction was spent. The agency immediately registered me and I’ve been getting regular work through them. I’ve since noticed that there are copies of Unlock’s poster dotted about their office so it looks as though I won’t be the only one to benefit from Unlock’s work.”

Lessons

The disclosure calculator does not provide a formal record of whether or not a conviction is spent but as we’ve seen in Arthur’s case, it can help to get an employer or agency to review the guidance they’re providing to job applicants.

Links

• Visit our disclosure calculator

Notes about this case study 

This case study relates to our disclosure calculator.

Names and details have been changed to protect the identity of those involved.

Keen to support her husband in a custody case where he was trying to gain access to his children from a previous relationship, Olivia was surprised when her criminal record was mentioned in the case in the Family Court.

Despite explaining that she hadn’t been in any trouble for over five years and that her conviction was spent under the Rehabilitation of Offenders Act, the Court asked her to provide proof of this. Wanting to make sure that her conviction was spent and trying to establish how she could get proof of this, Olivia contacted her previous probation officer.

Olivia’s probation officer explained that she could apply for a basic criminal record check at a cost of £25 or she could try using Unlock’s free online disclosure calculator. The probation officer suggested that Olivia print off the results and then give a copy of the court.

Olivia gave the court a copy of her Police National Computer record (which she already had, and which gave details of the offence, disposal and date) together with the printed results from the calculator which confirmed that her conviction was spent.

Oliva said:

“The disclosure calculator is a great tool that provided me with easy access to information I thought I may not be able to get. The court were more than happy with the print out I gave them and how quickly I’d been able to provide it.”

Lessons

The disclosure calculator does not provide an official record of whether or not a conviction is spent but can give individuals the confidence to know what they need to disclose. In this case, a combination of her Subject Access Request from ACRO and the calculator results were enough to give the court the evidence they needed.

Links

• Disclosure calculator

Notes about this case study 

This case study relates to our disclosure calculator.

Names and details have been changed to protect the identity of those involved.

Dan thought he had a good understanding of criminal records. He also felt that more and more employers had started to ask about criminal records which had made it harder for him to secure a job.

Although his conviction was very old, Dan was also registered disabled. His disability didn’t prevent him from working, but he felt that combined with his criminal record, it made him a lot less attractive to employers.

Searching the internet one evening looking for organisations that support people with convictions to get back into work, Dan came across Unlock’s InformationHub. Reading through some of the pages, he was surprised to learn that although his conviction remained on the Police National Computer (PNC), he didn’t need to disclose it for the majority of jobs as it was spent under the Rehabilitation of Offenders Act.

Dan was delighted to read this and although he wasn’t sure what difference it would make to him, he felt confident that it would help him to determine whether it was his criminal record or his disability that was stopping him from getting a job.

Dan said:

“The informationhub site is invaluable to people like me who are disabled. Although I’m able to get around, many people rely on online information. Considering the site is self-financed it is very well run, and the information easy to understand. I like the fact that there are downloadable versions of a lot of the pages”.

Lessons

Work done by organisations like Unlock means that legislation does change (for example changes to the ROA in 2014) and the rules around disclosure are different now to what they were when Dan was originally convicted. As a consequence, Dan had been disclosing his convictions for a lot longer than was necessary.

Whilst people with disabilities are protected under the Equalities Act, people with a criminal record are not. Understanding the reason why he’s been refused a job may assist Dan in taking legal action if it’s found that the reason for the refusal is due to his disability.

Links

• InformationHub

Notes about this case study

This case study relates to our information site.

Names and details have been changed to protect the identity of those involved.

When he was aged 18, Nathan received a three year custodial sentence for GBH.

Twenty three years later, having put his past conviction behind him, Nathan was offered a job as a court usher. He knew that he’d need a criminal record check and was surprised that after working for 5 months, he’d still not been asked to sign the necessary consent forms.

However, it became obvious to Nathan that one of the senior members of the court staff had somehow become aware of his criminal record as they started to make comments to him such as “I know all about your past” and “You know what it’s like to be locked up”. He also began to be excluded from team briefings and given menial tasks to carry out.

Nathan assumed that the court must have been able to access his criminal record without his knowledge or his consent. He didn’t feel that he could continue working for an organisation that, despite knowing about his conviction, chose not to have a meaningful discussion with him about it.

Disappointed at the way his criminal record had been dealt with, Nathan searched the internet for information about criminal record checks and discovered that the court didn’t have access to the PNC and couldn’t carry out checks without his consent. He has made a formal complaint to the court and is awaiting a response.

Nathan said:

“Looking at the information on the hub site made me realise that I had been treated badly and this gave me the confidence to make a complaint to the court. Once I realised the value of the website, I immediately signed up to receive updates so that I can keep abreast of any changes to the law which may benefit me “.

Lessons

Although there is little protection in law to stop people with convictions being discriminated against by employers, it’s important to know that under data protection legislation, criminal record data is dealt with as a special category of data and there are particular safeguards in place that employers have to be aware of when collecting and storing this information. Once Nathan became aware that his employers were not able to access details of his criminal record without his consent, he felt more confident in making a complaint to them.

Links

• InformationHub

Notes about this case study

This case study relates to our information site.

Names and details have been changed to protect the identity of those involved.

Will started a thread on theForum when he wanted information about opening a bank account with a fraud conviction.

Following his conviction, Will had set up an online shop which had become quite successful and although he had run his company through his personal bank account, he wanted to open a business account. He’d applied for an account with his own bank but had been refused with no reason given.

Several forum members responded to the thread, some giving general information whilst others gave details of specific banks that they’d had experience of.

Will found the information useful and taking into consideration some of the posts he’d read, believed that in addition to his criminal record, there may also be information about him on the Credit Industry Fraud Avoidance Scheme (CIFAS) which was impacting on his ability to open an account.

Will decided to do a SAR with CIFAS so that he’d have a better understanding of why his application for a business account had been refused.

Will stated:

“The information and advice I was given by forum members was really helpful. I hadn’t thought about contacting CIFAS and a couple of the online banks mentioned seemed more friendly towards people with a criminal record”.

Lessons

TheForum is the ideal way for individuals to ask for information/advice and to share experiences with their peers. Will’s post is a great example of where that is happening.

Links

• You can visit (and join) the online forum

Notes about this case study 

This case study relates to our online forum.

Names and details have been changed to protect the identity of those involved.