Skip to main content
For people with criminal records
For people with criminal records

Migrated From: The Record - Posts

Employers need to learn how to see the person and not just the crime

Despite achieving considerable success since his release from prison, Jack has found that as the positions he applies for have become more senior, the more likely employers are to do criminal record checks. Sadly he’s found that rather than base their decision on his employment history, the majority of employers can’t see past his criminal record.

My criminal record started when I was 12 years old while growing up in children’s homes. By the age of 18 I had convictions for burglary, assault and had served time in youth detention centres and borstals.

At the age of 20, I was standing in the dock at the Old Bailey receiving a 30-year sentence for armed robbery and attempted murder.

After 20 years in prison, I was released when I was 40 years old. I walked out of prison on a Friday and met a girl two days later. This may sound quick, but I fell totally and utterly in love with her and she turned my life around.

I wanted to be the best I could be for her and go straight. So, aged 40, I got my first EVER job working as a bin man.

My girlfriend and I got married 12 months later and soon after, she gave birth to my beautiful son. With a wife and child to support, I knuckled down and started a career in facilities management. I started at the bottom as an industrial cleaner and within 2 years I’d worked my way up to area manager. I was responsible for 200 staff and 20 sites. From here, I accepted a job overseas and the family and I lived abroad for a while.

Upon our return to the UK, I started applying for senior facilities management jobs and very quickly secured a new position for myself. I’d only been there a couple of days and was going through induction when I was told:

We just need to do your criminal record check

There’d been no mention of this on the application form or during the interview. I knew that I’d have to disclose and did so straight away only to be told that the job offer was going to be revoked.

I was offered another three jobs after this and every time I was told that I’d need a criminal record check. Needless to say, another three job offers were withdrawn. I decided to apply for a supervisory role rather than a senior role and again successfully got through interviews with another two companies. As soon as I disclosed, I was told that the companies were unable to employ me.

I need to support my family and so I now work in the most horrific job imaginable, at a waste recycling plant working 12 hour shifts in 120-degree heat doing back breaking manual work. The work is brain numbing and I feel so depressed and demoralised. I spent over 20 years in prison being punished for my actions and now all I want to do is be a contributing member of society, providing for my wife and child.

I can promise you that I would never ever commit a crime or break the law again as I’d never want to let my wife and son down but, I can see why people do. Prison is meant to rehabilitate you so that when you leave you can lead a law-abiding and industrious life. The problem is that once you disclose your criminal record, very few people are willing to give you the chance you need.

I understand the arguments that are taking place at the moment around minor offences being removed from standard and enhanced DBS checks and I totally support that. However, I feel that the reforms need to go further than that so people with more significant and serious criminal records can also benefit -maybe this is amending the time it takes for convictions to become spent. Perhaps we should just be doing more to educate employers to see the person and not just the crime.

By Jack (name changed to protect identity)

 

Comment from Unlock

Jack’s story underlines why we’re pushing for further reform to the Rehabilitation of Offenders Act 1974. As it stands, sentences of over 4 years in prison can never become spent, no matter what positive work people do after release. We believe there should be a point at which people like Jack should no longer have to disclose their criminal record. Before that point, it’s also important that, as the title of this post says, employers see the person not the crime.

 

Useful links

‘No’ didn’t mean ‘no’, it meant ‘not right now’ – getting a job on my second application

After having a job offer withdrawn after disclosing a conviction, Sam wasn’t put off from applying again for the same job two years later, only this time she was adamant that she’d get a different result.

 

Two years ago I was interviewed for a job with a government department. At the end of the interview I was given a form which asked me to disclose details of any cautions or convictions and, although I was able to provide the facts of my conviction, I wasn’t able to include an actual disclosure statement.

I was delighted to receive a provisional offer and at that stage, I was told that the organisation would be carrying out a formal criminal record check. I wasn’t unduly worried about this as I’d already disclosed my conviction. However, when the DBS certificate came back and I handed it over, the job offer was withdrawn.

Unfortunately, my conviction is one that will never be filtered from standard or enhanced DBS checks because although I have just one conviction, it has two counts. I was 19 at the time and claiming benefits but I’d managed to get some casual shifts in a local hotel. Looking back, I was stupid and naive and I’d only actually worked two shifts when the DWP caught up with me. I paid back all the money I owed them which was approximately £250 and for roughly six months I didn’t know whether I was going to be prosecuted or not.

When I received the court summons, I immediately sought legal advice. My solicitor couldn’t understand why I was being prosecuted, it was a relatively small amount of money and I’d paid it all back. I later found out that many employees at the hotel had been signing on whilst working and the DWP wanted to make an example of everybody. I received a 2-year conditional discharge and £50 costs.

So, despite the ultimately unsuccessful outcome of that first job offer with the government department when I saw the job being advertised again two years later, I decided that I’d reapply. This time round I was asked to disclose any cautions and/or convictions at the provisional offer stage. I was also given the opportunity to submit a full disclosure statement online which I hadn’t been given before.

As soon as I received my DBS certificate, I sent it to the recruitment department along with a hard copy of my disclosure letter. There was no way that I was going down without a fight this time.

I didn’t hear anything for 12 weeks and then, out of the blue, I received a phone call telling me I’d done really well in my application and interview. However, although my conviction was spent, they couldn’t take it lightly as it was for benefit fraud. The lady I spoke to then went on to say:

But as the conviction was almost 30 years ago, we consider you to be low risk and would like to offer you the job.

It was absolutely fantastic news.

I’ve  been in the job for 4 weeks now and really love it. I’m so glad I made the decision to reapply.

By Sam (name changed to protect identity)

 

Comment by Unlock

We believe that Sam’s story reflects some positive changes that this particular government department has made to it’s recruitment practice towards applicants with a criminal record. By not asking about criminal records until the provisional job offer stage, but then at that point having a clear assessment process that puts information into context. This allows proportionate decisions to be made. Sam (and we) rightly question why the conviction still needs to be there after so long, and that’s the focus of our work on challenging the current DBS filtering regime.

 

Useful links

The code to success is to make the most of every opportunity presented – how I set up my website development business

As Michael has discovered, a criminal record doesn’t have to mean the end of your working life but the chance to start a new career that you may never have had the opportunity to consider before.

 

18 weeks ago I was released from prison – a prison sentence that has changed my life.

Life in prison is extremely mundane with every possible job being pretty much the same. Mind numbing boredom. I was transferred to a Cat C prison with 7 months remaining on my sentence. I went through the normal intake procedure and then was given an application form with the same old jobs and courses. As I like to keep busy and I’m a curious person by nature, I’ve probably worked in nearly every job possible and completed many of the courses on offer. However, on this particular form I immediately noticed my two options; a tiling course which I hadn’t done yet and a course I’d never seen before called Code 4000.

I was intrigued. I knew the tiling course would land me a job upon release but I couldn’t help wondering what Code 4000 was. I asked a member of staff on the wing who said:

Some sort of computer thing”

I’ve always been interested in coding but never had the chance nor the time to pursue it. Anyway, I called my partner and asked her which I should choose. She instantly replied “that’s a silly question, do the coding”. So I did.

Code 4000 was refreshing from day one. The moment I walked into the office space I felt like I’d walked out of prison. The space was inviting, intriguing, bright and open. They even had a small area to relax when the coding got too much. I was truly amazed. I knew instantly that I’d made the right choice.

The first day I was given a fancy desk, computer and two large monitors. My initial task was to build a small gaming app (built for 7-year olds) to see if I could overcome problems on my own. This introduced me to the basics of coding. Once I’d learnt the basic building blocks I moved on, learning a wealth of information from the basics of computer science to HTML and CSS. By this time my head had started to spill over. I hit a wall of information and didn’t know what to do. The best advice I got from one of my tutors was simple “Don’t try and learn it all, learn the basics then choose the path that suits you”. At the time I remember thinking “I have no idea what that even means”.

I eventually found my feet and got my teeth into some in-depth learning. I started making apps and websites. Then we got to do commercial work with charities where we received actual commercial feedback from designers and clients. It may sound a little daft but learning in prison is a great surrounding. No phones ringing, no emails to distract you. Focus is the key and of course it distracts you from the harsh environment.

After I was released, I set up my company, Pink Umbrella Studio. I hit the ground running wanting to make a difference.

Our main focus is to make websites for charities at absolute minimum cost and take away the stress of building a website. A portion of the websites we build go back through the Code 4000 programme so people in prison get commercial feedback and can build a personal portfolio which will increase their chances of employment upon release.

My company has a simple business model – help charities, help offenders and lower the re-offending rates.

If you have a project which you think we can help with then please visit our website.

By Michael

Useful links

‘Yes I’ve got some historic convictions but do the public really need protecting from me?’

People receive convictions for a number of reasons but as Gemma’s story demonstrates, what’s written on your DBS certificate will never adequately describe the story behind those offences. After a period of being free from offending, is there really anything to be gained by making people relive the traumatic experiences they’ve been through?

 

I’m a teacher. I worked hard for my qualification and work damn hard at my job, mostly because I love teaching but also because deep down, I’ll always feel like I have something to prove. That’s because over 20 years ago I was a ‘persistent young offender’. Subconsciously, I will probably always give that extra effort to show myself, and others, that I am a good person.

One thing that does really strike me about the current DBS debates are the talks about the stigma of the criminal record verses protection of the public. There’s lots of discussion about how Bob can’t get a job in insurance because of his drunk and disorderly conduct conviction while he was a student. I’m really sorry for Bob, and I hope he finds another position – and not to belittle Bob’s situation, but I don’t think the government appreciates the depths this stigma can reach taking into consideration the variation of narratives of people with criminal convictions. I also don’t think the government realises the way in which, sometimes, stigma and public protection interact.

In my profession, when I apply for jobs, I have to sit in a room in front of a panel of complete strangers and explain why, as a 12-14 year old girl, I ended up with a criminal record that spans over five pages of double-sided A4 paper. I know the score by now, I feel it physically as the discussion gets nearer. My hands start to shake, my mouth goes dry, and I turn from a confident professional to that broken child I once was. My brain won’t function and I want to say as few words as I can get away with. I know it’s too late now, they know, the sickness, the shame, the dirtiness, they can see it, they know what I am. How can they not look at my record and just know?

Despite this chapter in my life being over 20 years ago, disclosing makes me feel like it was yesterday.

And what do I say? I don’t want them to think that I think I’m not responsible for my past actions. I want them to understand my story, but I don’t want to tell them about it. You see for me, my offending wasn’t just a set of unlawful actions – it was a whole trajectory, as is the case for many others. When I’m faced with the disclosure of my record, I’m faced with revisiting painful life experiences and trauma. It isn’t like I haven’t dealt with these life experiences either, I’m a (mostly) functional adult with a normal life, only my close family and one friend knows about my history. It is not something I routinely think about. It’s just that now and again the DBS system literally forces me to revisit the pain to make sure the public are protected from me…

To protect the public from me, I have to tell strangers that one of my convictions is for assaulting one of the men that abused me.

So to make sure the public are protected from me I have to sit in a room and tell complete strangers my story. To protect the public from me, I have to tell strangers how I was systematically abused from the age of 6. To protect the public from me, I have to tell strangers I was excluded from school at 12 and got in with the ‘wrong sort’. To protect the public from me, I have to tell strangers that one of my convictions is for assaulting one of the men that abused me. To protect the public from me, I have to tell strangers that at 13 I had a 20 year old ‘boyfriend’ who was a heroin addict, that I was infatuated with and literally did anything for. To protect the public from me, I have to tell complete strangers that I was taken into care because I was ‘out of control’ and to protect the public from me, I have to tell strangers that I nearly went to a secure unit for my own protection!

Under the current system, my convictions will never be filtered. I have worked so hard and I am a good person yet I am stopped from living some aspects of my life. As well as this, I am forced to revisit a whole life chapter when I do disclose, something that makes me feel raw. Some employers are really supportive about this but some have treated me like I am a bit of a freak show, asking questions I feel like I can’t avoid. Aside from the way I experience disclosure I was not able to pursue my first career choice. I’ve been denied work experience placements. I can’t even help out on my children’s school trips. I am a member of the public too, isn’t it about time that I had some protection.

By Gemma (name changed to protect identity)

 

A comment from Unlock

It’s obvious from Gemma’s story that she is a well-qualified and dedicated teacher. Her passion for teaching has meant that time and time again she’s put herself through the agony of disclosing her criminal record. We don’t believe that Gemma should be put in this position and it was for this reason that we intervened in the Supreme Court case which challenged the Government’s approach to disclosing old and minor criminal records on DBS checks. We’re hoping for a favourable outcome before the end of the year.

Useful links

I got the link to my sexual offence conviction removed from a search engine

Russell felt strongly that as his conviction was spent, internet search engine links should be removed. Despite his request being refused by both the search engine and the Information Commissioners Office, Russell never gave up and his tenacity eventually paid off.

 

I was convicted of internet related offences under the Sexual Offences Act following online contact with teenage girls. I accepted full responsibility, expressing genuine remorse for my actions.

My case was reported in my local newspaper although it exaggerated and misrepresented the facts of the case. Mercifully, the article was taken down but not before it was copied to a very unsavoury, vigilante website.

At the beginning of 2018, I applied to an internet search engine for this link (and others) to be removed after my sentence became spent. I sent them a host of evidence including expert reports expressing the view that I was rehabilitated and did not present any risk of re-offending. I also sent key evidence from the UK police confirming that vigilante websites were not in the public interest and compromised the personal safety of the individual. This included quotes from a managing Chief Inspector who spoke of the “inevitable inaccuracies” contained within such websites. Also sent was unequivocal evidence clearly demonstrating the inaccuracy of the information in question. The internet search engine responded within 24 hours stating:

The information is still relevant and therefore in the public interest”

I asked the internet search engine to elaborate as well as confirm their position in relation to vigilante websites but was met by a generic response advising that a decision had been taken in accordance with internet ‘policies’ and my only option was to contact the webmaster. I feel that the 24-hour turnaround was too quick, and it couldn’t have been any clearer to me that they had simply not bothered to look at the evidence, preferring not to delist based on the nature of the offence alone.

After getting some advice from Unlock, I referred the matter to the Information Commissioners Office (ICO). I sent them the same evidence and after a couple of months received a response which, to my dismay, endorsed the position taken by the internet search engine.

The only reason given was the nature of my conviction and even when I emailed them back with further evidence, I was once again ignored. As a last throw of the dice, I applied to the ICO for a managerial review and to cut a long story short, I was eventually able to get the ICO to acknowledge the relevant evidence provided. To the ICO’s credit, the assessing manager dealt with the matter both professionally and objectively. I suspect it will have taken some courage to go against the apparent ‘trend’ of simply saying ‘no’ and am certainly grateful to the ICO for that. By this time, the DPA 2018 and the GDPR had come into force which I was also able to use to my advantage.

Finally in September 2018 after umpteen emails, phone calls and unrelenting pressure, the ICO wrote to the internet search engine advising them that the links should be removed. I’m pleased to report that this has now taken place.

The moral of the story is:

Where there’s a will, there is a way”

I hope my story can provide some help and comfort to individuals in a similar position. Below is a quick breakdown of some of the key strategies/approaches I used to force the right decision. I would say that perhaps the most important key to my success was remaining calm and controlled under repeated provocation. Evidence and facts will eventually speak for themselves and cannot be ignored forever.

  1. Prepare a direct response to the ICO’s Delisting Criteria
  2. Send any evidence (expert reports etc) relating to rehabilitation
  3. Reference the recent decision in the case of N1 and N2 where there is evidence of genuine remorse/rehabilitation/change of circumstances
  4. Reference Article 10 of the GDPR when dealing with vigilante websites holding criminal databases
  5. Reference Section 47 of the DPA 2018 when dealing with factual inaccuracies
  6. Reference Government recidivism statistics which confirm that sexual offences have the lowest rate of re-offending
  7. Under Article 22 of the GDPR, an internet search engine must provide “compelling legitimate grounds” to justify why their right to data process outweighs your own right to removal. Simply stating that the information is ‘still relevant’ is not enough. They need to explain clearly why this requirement has been fulfilled and this is particularly the case where your personal safety is being compromised.

Remember internet search engines are not the arbiters of criminal justice and public interest. This is the job of the UK authorities. If in doubt, seek legal assistance. Good luck with your applications.

By Russell (name changed to protect identity)

 

A comment from Unlock

Whilst there has been some success in getting internet search engines to remove links that relate to some convictions, where the link refers to a sexual offence, internet search engines have been reluctant to remove these. This is the first case of where a link to a sexual offence has been removed but we hope that because of the case of N1 and N2, people with a spent sexual conviction will now be treated more fairly when requesting that links be removed.

Useful links

 

Getting a US visa capped a very successful two years of rehabilitation post-conviction

Once you’ve received a conviction, it can be easy to assume that the worst will happen and life as you know it will end. However, as Ben has found out, if you plan for everything and don’t give up hope then there is light at the end of the tunnel – just make sure you head towards it.

 

I have always been resourceful. Always had decent jobs, even holding down a fairly senior job. My world changed in 2016 when I was found guilty of a fraud offence.

I pleaded guilty and received a fine. Unfortunately my employer found out about it and decided that I posed too much of a risk to them from a publicity perspective and I agreed to resign.

Fortunately, I had already planned for this eventuality following my arrest some months earlier. I knew when my court date was and guessed that my employer would find out soon after and that they would want me to leave. That’s where my master rehabilitation plan swung into action!

To protect myself from the ‘google-effect’, I changed my name by deed poll and went through the arduous process of changing it across bank accounts, insurances, government agencies and family/friends.

I looked at the job market and started to consider a new career in my new name, therefore preventing the ‘DBS by Google’ impact. If they chose to Google me, they wouldn’t find anything negative that they could use against me.

As I agreed to resign, I also negotiated with my outgoing employer to have an agreed reference confirming that my reason for leaving was one of resignation and nothing that could be deemed more sinister. When the HR team requested the reference, I made them aware to do so in my old name, I explained it was my former professional name – it didn’t raise any questions and the reference came back as agreed.

So, from a work perspective I was sorted. New job to start following my court appearance, new name, new documents and looking forward to moving on with my life post-conviction. I just had to ride out the initial 12 months to cover the time it would take before it became ‘spent’, and a further 12 months to make it 2 years so that my employment was protected from unfair dismissal.

My next challenge was that I was planning a holiday to the USA – luckily it wasn’t for 2 years but I had read the horror stories and forums about anyone who had a fraud conviction (a crime involving moral turpitude) would not be eligible for a visa waiver and therefore have to go down the visa route which is not always successful – having spent over 10 holidays in the States over the last 15 years, I was thinking about the prospect of never being able to go back.

Using the US Consular website I completed my DS-160, applied for my police certificate from ACRO and printed off my VCU1 form – I made sure that all of the information matched across the various forms, I went back through my diary and passports to ensure I captured any visits to the US and the countries around the world – I wasn’t taking anything for granted and after all, I had nothing to hide.

I paid my $160 and managed to get an appointment for a Friday morning. Again, the forums paint a range of stories about long queues, consulate staff who can be obstructive, long waiting periods and bad news stories but my experience was quite the opposite.

I travelled to London the night before. I arrived at the Embassy wearing my best suit, shirt and tie, carrying a folder containing every document I could ever need to prove my ties to the UK and financial status. Going through a very smart and efficient security checkpoint and into the Embassy visa department, you get a ticket and wait for your number to flash up on the screen.

The screen flashed up my number and I headed round to one of the private booths away from the rest of the standard visa windows. The lady took my fingerprints, asked why I could not use the ESTA system, scanned my documents and then asked me to wait to be called and interviewed.

I waited for another 30-40 minutes when I was called to another room. I was greeted by an American lady who proceeded to question me about my employment status, how long my last visit to the US was for, when I was looking to go back again and then the details around my conviction – I explained everything honestly and with full detail. After what seemed to be ages, the lady looked up from her screen and said “I’ve approved you for a visa”. I’d got a full tourist visa for multiple entries and then the revelation came – it was for 10 years!

If it wasn’t for the glass security screen, I would have hugged her. She explained that I would be getting an email in the next couple of days with the details of where to pick up my passport.

The email came through a couple of days later and I drove to pick up my gleaming passport with the new 10 year visa stuck in it – I was elated.

My 2 year rehabilitation is now complete – new job, new name, new outlook, no negative online footprint and a new 10 year US tourist visa to boot. Regardless of what happens, try to be one step ahead and ensure you plan for every eventuality. In this process it usually will happen and with a clear plan in place, you should be able to deal with any pitfalls.

By Ben (name changed to protect identity)

 

Useful links

  • Comment – Let us know your thoughts by commenting below
  • Information – We have some practical information on travelling to the USA
  • Discuss this issue – There are some interesting discussions related to this issue on our online forum.

 

Why won’t the media let us move on from our offending behaviour – especially those with sexual offences

News is a money making industry and it’s fair to say that the media don’t always report facts accurately. Many individuals now believe their neighbourhoods are unsafe and overestimate their odds of becoming the victim of a crime. Ethan considers how the role of the media impacts on an individuals ability to be considered rehabilitated.

 

People change!

No, it’s not a question, it’s a fact!

Alcoholics become sober, drug users become clean, car thieves stop stealing cars, murderers stop killing and many turn their lives around and become excellent role models. However, commit a sexual offence and suddenly you aren’t capable, and the scared, irrational and paranoid will bring out an impressive line-up of this or that expert to attest to the fact.

For me its rubbish, they don’t know what’s in your head, some probably don’t even care. If so many can change (and there’s proof they can), then why is it that we stick to this way of thinking for sexual offences?

Almost 20 years ago I was convicted of three sexual offences, one of which I was guilty and the others of which I wasn’t. The details are irrelevant apart from saying that because I chose to maintain my innocence on those two, yet did every course asked of me, I was denied my early release because I refused to capitulate to what the system wanted.

Upon release I knew I had changed; I knew I wasn’t going to commit any more offences. Why? Because I had made the conscious decision not to make the same mistake again. I was going to be on the register for life, but at the time it meant one visit a year and notifying the police of my living arrangements; I had no issues with that. Let me say that since the outset, every officer whose job it was to monitor me has been courteous, understanding and supportive (at least to my face which is the main thing).

As the years passed and the paranoia of the public and politicians grew, the details of registration changed time and time again. They became more and more intrusive, credit card details were required, where you were going on holiday, details of your sex life and partners, the list goes on and on. My visits grew to twice a year and sometimes lasted more than an hour as they grilled me on every aspect of my life since the last visit.

The police rely on the fact that sex offenders will comply without complaint because they won’t want to put their head above the parapet and challenge the system for fear of their name ending up in the press and their lives being ruined for a second time. That’s certainly how I felt every time I was informed of even more significant restrictions on my life.

Just for the record that doesn’t help with your choice to change your life. Far from it; it gets in the way. People will tell you that it’s just about monitoring you to make sure you don’t re-offend. What people don’t seem to understand is that isolation, alienation and feeling like you are always being watched to such a degree that you question every choice you make, it does nothing to lower the risk. In fact, I would argue that it increases the chance of re-offending for those who become depressed, because lets face it, if your life isn’t worth that much some will think they are better off in prison.

Now, before you start screaming “that’s where you belong”, I don’t diminish in any way the severity of my offence or other sexual offences but society does seem to have got itself into a state of righteous indignation about anything sexual. In fact, since the Jimmy Saville scandal, the country has gone mad with something akin to the Salem Witch Hunts.

What has gone wrong with our criminal justice system? It was meant to be innocent until proven guilty, but not so much now, especially if it’s a sexual offence. We used to believe in rehabilitation as opposed to permanent incarceration, but not so much now.

Our system doesn’t work. We have one of the highest re-offending rates in the modern world with ever increasing prison populations. Other countries are doing far better than us, look at the Scandinavian countries; the only thing they do differently is believe in rehabilitation and take it seriously.

I don’t blame society, rather the media for sensationalising and politicians who won’t change anything for fear of losing their job or money.

It may sound as though I’m angry and to be fair to a degree I am because deep down in my heart I know I have changed but I’ll never be allowed to put it behind me and build a new life.

By Ethan (name changed to protect identity)

 

Useful links

  • Comment – Let us know your thoughts on this post by commenting below
  • Information – We have some practical information on sexual offences
  • Discuss this issue – There are some interesting discussions related to this issue on our online forum.

Rejected by employers but could my conviction also stop me from becoming a mother?

In the risk averse world in which we now live, it can seem like every organisation wants to know whether we have a criminal record and if so, the details of it. Melissa was surprised to find herself having to disclose information about her conviction to a fertility clinic.

 

Almost a year ago I decided that I wanted to start a family. With joy, excitement and lots of nerves all bundled up, I contacted a fertility clinic who posted a series of forms to me. Innocuously tucked in between the forms asking about my medical background and my consent for treatment was a ‘Welfare of the Child’ form with the earth-shattering question:

Have you ever been convicted of harming a child?”

Now let me rewind and tell you a little about the conviction I’d received 5 years previously. I had a sexual relationship with someone over the age of consent, yet within an institution in which I had a position of authority. The story received a significant amount of press attention and public opinion was clearly divided on the topic. I will never defend my actions and the choices I made at the time of my offence. They were completely unacceptable both personally and professionally.

However, the question that I now needed to answer was, did it constitute ‘harming a child?’

For me, there was no question. The individual involved was not a ‘child’ and there was no element of coercion or harm in my conviction.

The media (and therefore public opinion), on the other hand, might disagree with that conclusion. What was I to do?

  1. Tick the “no” box and leave it at that; unrealistically hoping that no-one at the clinic ever came across my name in the press and that if they did they agreed with me that it didn’t involve ‘harming a child’.
  2. Tick the “yes” box and state that I had ‘harmed a child’ – an option I wasn’t prepared to even consider, on principle.
  3. Tick neither “yes” nor “no” but provide them with full disclosure.

After much deliberation, canvassing the opinion of my family and friends, long-term therapist and GP (who, incidentally, all agreed that it was not a conviction related to ‘harming a child), I made the decision to go with option 3.

I wrote a very carefully worded letter of disclosure, asked a close friend to provide a character reference, asked my therapist to provide a letter with her professional opinion and my GP to provide a letter confirming he had no cause to be concerned for the welfare of any child I may have. Armed with these documents I went back to the clinic and handed in my form.

As I had anticipated, a pre-defined procedure kicked in immediately. I was asked to come back to the clinic in a week’s time to meet with their in-house counsellor for an interview.

The nerves I experienced during that week are hard to describe, the sick feeling in my stomach was constant, as was the desperate fear that the dreadful decision I’d made 5 years earlier could stop me from having the chance to become a mother. I was terrified.

The morning of the interview came, and I arrived at the clinic shaking. I had come prepared to defend my position and, if necessary, formally appeal if the decision didn’t go my way. I had experienced 5 years of disappointment at the way in which employers and institutions could sometimes respond to convictions in an entirely blanket way, without any consideration for the circumstances of the individual case and I was ready to fight for my rights.

What a relief when, within the first 30 seconds of walking into the interview, my faith in humanity’s ability to apply common sense to a situation was restored.

The counsellor assured me that they did not consider me to be at risk of ‘harming a child’. She thanked me for providing them with such a comprehensive range of supporting documents at the outset and emphasised how much easier that complete disclosure had made their decision.

I was more relieved than I could possibly say. They had made a decision based on facts and the opinions of experts as opposed to having a gut reaction to the perceived risks around people with convictions.

I’m so grateful to them for approaching my situation without prejudice and with common sense.

Now let the next stage of my life begin!

By Melissa (name changed to protect identity)

 

Useful links

  • Comment – Let us know your thoughts on this post by commenting below
  • Information – We have some practical information on disclosure
  • Discuss this issue – There are some interesting discussions related to this issue on our online forum.

 

Honesty was the best policy when dealing with my probation officers

Since his conviction, Len has been subject to supervision by probation. So far, his experiences have been quite positive and his probation officers have proved to be a great source of help to him; Len believes this is, in part, due to his willingness to be open and honest with them.

 

 

My offence carries the worst stigma out of most of them because it’s a sexual offence; not contact related but for downloading illegal content which is unfortunately becoming an increasingly common offence these days.

I’m coming up to 3 years sober from drugs, alcohol and porn and it’s safe to say that I’m a law abiding citizen and have learned a very hard lesson from my mistakes. My views will be more closely related to those who have a sexual offence and subject to notification requirements.

I’ve learnt several things when dealing with probation but rule number one is definitely ….. DON’T MESS WITH THEM.

You’ll be spending a lot of time with these people so it’s best to be brutally honest at all times. The two probation officers I’ve had are well meaning, decent people whose interest is in seeing me progress whilst keeping me accountable for my actions. Their primary role is prevention of crime but they’ve also got a vested interest in encouraging positive developments in your life. Most want you to succeed, but a lot of that is down to you and how willing you are to help them help you.

Even before I attended my first probation meeting, I’d sat down and wrote a long essay about how I got into my situation. This helped to keep things consistent and has been really useful when my probation officer has changed.

It’s likely that you’ll learn new things that you didn’t know or realise when you initially wrote your story. However being honest will help probation identify and discuss with you any suitable courses of action, i.e. are drugs a problem? or do you have problems socialising, is there any unresolved trauma in your life that needs to be dealt with etc.

I’d always recommend that you keep probation up to date with things that are going on in your life or any time constraints you have, for example if your appointment is at 5pm and you’re at work and can’t get there on time, then tell them as soon as possible so your appointment can be rearranged. Officers can be flexible but they’ll appreciate you giving them plenty of notice. If you fail to attend but don’t tell them until the following day, that wouldn’t go down well and unless you have a really good, genuine reason it could go down as as breach. Being hospitalised is a genuine reason for not physically being able to attend and can be checked out. However, going on a bender and not turning up because you’re hungover isn’t.

Probation staff aren’t trained psychologists or experts in criminal law, you may end up educating them on a few things but they’ll twig if you’re being obstructive, defensive or trying to change the subject all the time so always be open and upfront.

Make sure you tell them about any successes you have or anything you’ve done which is constructive, even if it’s as mundane as painting your ceiling or going out for a long walk.

If you’re worried about something tell them. This could be a problem you’re facing or difficulties in dealing with people, threats you might receive or harassment etc. If they don’t know they can’t help. If it is something very serious they have a duty to report it, such as your life being in danger.

If there’s something you’re unsure about, like whether or not to apply for a particular job, ask them about it. It’s always a good idea to get a bit of common sense guidance before you go ahead and do something.

Maybe I’ve been lucky with the probation officers I’ve had but from the start my intention was to forge a good relationship with them. By being upfront and honest I’m sure I never gave them any cause for concern which could have been the reason why they’re so decent to me.

By Len (name changed to protect identity)

 

A comment from Unlock

Len seems to have a good relationship with his probation officer and this is something we would always encourage. If you’re truthful and sincere, probation are more likely to view you as low risk which ultimately helps when making any type of request to them, for example working in certain jobs, travelling abroad etc.

There are times however when officers fail to do something they should do, make unjustified decisions or take inappropriate action. If this happens then it may be that the only option open to you would be to make a formal complaint.

Useful links

  • Comment – Let us know your thoughts on this post by commenting below
  • Information – We have some practical information on probation
  • Discuss this issue – There are some interesting discussions related to this issue on our online forum.

Disclosing to an employer – Some ‘do’s’ and ‘don’ts’

Having been through the process of disclosing her conviction to several employers over the years, Stacey provides some tips on what’s worked for her.

 

My conviction is now quite old and for many years I’ve been working very successfully in spite of it. In fact I’d say my criminal record is most definitely in the past and hasn’t bothered me for many years. However, this hasn’t always been the case and I’ve had my fair share of up’s and down’s when applying for jobs.

However, along the way, I’ve learned a few things about disclosure which I’d like to share. Some of these things may be quite obvious but when you’re going through the process it’s not always easy to see things clearly.

Applying for jobs very soon after you’ve been convicted can be difficult and, as time passes between the past and the present, prospective employers will be able to see that for x number of years you’ve had a clean record.

When to disclose will often be determined by the employer – they could ask on the application form, at interview or once you’ve been offered the job. The best scenario for me was being asked to disclose once I’d been offered a job. At that stage, I was able to get an idea of how approachable my ‘boss’ was going to be and this often helped with the things I included in my disclosure.

I’d always prepare a disclosure statement in advance so I knew exactly what I was going to say; I’d practice it in front of a mirror. I found this made it easier to get my story across without getting distracted or upset and meant that I didn’t go home afterwards wishing I’d said this or that. Other than disclosing the actual conviction, there are a few other things I’d suggest:

DON’T

  • Blame anyone else for your offence, always take responsibility for your actions
  • Complain about the consequences (for example how harsh you thought your sentence was)
  • Make excuses – there’s a fine line between mitigating factors and trying to condone your behaviour.

DO

  • Point out that you’d never had any dealings with the police before your conviction (assuming you hadn’t) and you have no intention of ever having dealings with them in the future
  • Describe it as a lapse in good judgement (if you can) and if there were extenuating circumstances do explain them, especially if the circumstances are no longer an issue. If they are, explain the actions you’ve taken to deal with them in an appropriate way
  • Be remorseful (about committing the crime – not about getting caught!)
  • Explain it as something that happened but that you have learned from it and are now ready and determined to rebuild your life. Speak positively and confidently.

If you’re finding it hard to get a paid job, you might want to think about doing some voluntary work. Once you’ve got your foot in the door and shown that you’re willing to work for nothing, then many organisations will consider you favourably as and when a paid vacancy becomes available.  It always looks good on your CV and prospective employers admire the fact that you’ve given your services for free.

There are some situations where your criminal conviction will actually be a bonus because you’ll be able to relate to and empathise with certain clients groups. A classic case of turning a negative into a positive.

I hope this helps and for anybody that’s currently looking for a job, I wish you the very best of luck – it will happen.

By Stacey (name changed to protect identity)

 

Useful links

  • Comment – Let us know your thoughts on this post by commenting below
  • Information – We have some practical self-help information on disclosing to an employer
  • Discuss this issue – There are some interesting discussions related to this issue on our online forum

 

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