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For people with criminal records
For people with criminal records

Migrated From: The Record - Posts

What’s the right chemical formula to getting a place at university?

Despite proving that academically she’s capable of studying for a chemistry teaching qualification, Paris’ conditional university offer was revoked after the university’s criminal records panel felt that court transcripts given to them didn’t provide enough information to allow them to adequately risk assess her. 

 

In 2015 I received a suspended sentence for the transportation of illegal immigrants across an EU border. I was in a really bad place at the time having fled the UK with my two children after being a victim of domestic violence at the hands of my ex-husband. I committed the offence under duress and I’m pretty sure the judge believed this to be the case as was reflected in the sentence I received.

Six months ago I applied to university to study for a qualification to teach chemistry. I disclosed my conviction and was delighted to hear that I’d been given a conditional offer. I was told that I needed to apply for an enhanced Disclosure and Barring Service check which I was asked to take to the enrolment day.

On the day my course started I was called into a meeting with the course director and told that my DBS certificate had flagged up a serious conviction which he needed to investigate further. I was shocked that this hadn’t been dealt with sooner but more than happy to provide him with anything he needed to help him make a decision about my future study.

He asked me to provide a statement of the circumstances surrounding my offence and also for a character reference – I gave him both. Sadly he didn’t feel that this was enough and asked me to provide him with the court documents which again, I did. I was then told that it would be necessary for an independent panel to review the documentation and make a decision.

All the time this was going on I was studying hard, doing my homework, making friends and I was really motivated to succeed. In mid-September I was told that the university were withdrawing the offer as the panel didn’t feel that the court papers I’d supplied provided enough information to adequately back up my story and allow them to properly risk assess me. He told me that I would always face this problem and it was unlikely that I’d be accepted by any other teacher training provider.

I was humiliated, heartbroken, devastated and livid all at the same time. I’d been honest from the beginning and I’d worked extremely hard and achieved so much already as a single mother fighting my way out of poverty and an abusive relationship. I’m passionate about teaching and making chemistry accessible to all especially those students with special educational needs.

The university has not only shattered my dreams but the dreams of everyone who has been supporting me through my difficult journey. My children’s school provided me with 10 hours of childcare, allowing me to pay them when my childcare grant came through. A local charity gave me some money for a further 2 weeks of childcare so that I could complete my chemistry and physics practicals.

When my fellow students found out what had happened they started a petition. My tutor burst into tears and said she would see what she could do to help but none of this did any good. In fact, when the university found out about the petition my classmates were told not to aggravate the situation any further!

I’m currently in the process of appealing the university’s decision but I’m not feeling particularly confident. I don’t want the university to do me any favours, I’ve already shown that I’m good enough to be offered a place now I just want the opportunity to get on and study and make a better life for myself and my children.

By Paris (name changed to protect identity)

 

A comment from Unlock

Sadly Paris’ story is not unusual with many universities being very risk averse towards people with a criminal record. There is no evidence to suggest that students with a criminal record commit more crimes on campus than those without a criminal record.

We believe that universities should judge applicants on their previous academic achievements and experience and we are working with and encouraging UCAS/universities to amend and improve their application processes.

We are supporting Paris with her appeal and we hope to provide a positive update soon!

 

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The long journey from crack to carer – Working in a care home

It’s often felt that jobs within health or social care can be difficult to get into if you have a criminal record. However, as Melanie’s story shows, people with significant criminal records can successfully get into this type of work.

 

 

I’m sitting at Gatwick Airport with my son waiting for our flight to Spain to be called. We’ve both been working really hard so we’re looking forward to the break. It’s strange to think that the crazy journey I’ve been on started at Gatwick and will end there as well.

Back in 2005 when my son was 7 years old I was a single mother with an addiction to crack cocaine. I was struggling to survive and when I was given the opportunity to earn some serious cash I didn’t think twice and I agreed to smuggle a huge amount of drugs into the UK.

I wasn’t a criminal mastermind, just a crack addict, so unsurprisingly I was arrested at Gatwick Airport and before I knew it, I found myself in court and sentenced to 12 years in prison. During my time inside I recovered from a stroke (bought on by my drug taking), got myself clean and started to think about what life after prison would be like.

My son went to live with my mum and despite her being hugely disappointed in me, she bought him along to the prison most weekends so that we could maintain a close relationship.

In 2009 I moved to an open prison and started doing some voluntary work in a residential care home. As a result of my drug addiction I’d never held down a job before and I absolutely loved the routine it gave me. I volunteered for 5 days a week but would often do extra shifts when the home was short staffed.

Around the same time that I was eligible for paid work, a job came up at the care home where I volunteered and I applied, confident that I’d walk it. I was constantly praised for my work as a volunteer so why wouldn’t I get a full time paid job. Sadly, it seems employers are less tolerant about convictions when it comes to paid work than for volunteers. Although the manager of the home was happy to employ me, the Care Quality Commission were making it very difficult for her. She told me that she was willing to ‘fight my corner’ but I knew that as soon as I was released from prison I’d be moving to a different part of the country and so I took the decision to continue as a volunteer and save the ‘fight’ until I was released.

Since my release in 2011, I have gone on to work as a carer in a residential home, although it wasn’t easy to get a job. Many employers disregarded me as soon as I told them I’d got a criminal record and those that did invite me to an interview and gave me a chance to explain my conviction were less receptive when I mentioned that my offence was drug related.

Eventually I struck gold and found an employer that valued my skills and experience far more than worrying about my past. My reference from my previous care home manager was fantastic and my personal officer in prison had given me a character reference which highlighted how I’d worked with a prison drug charity and had been clean for 5 years.

I work full time and rent a house for me and my son. He’s grown into a wonderful young man and is an apprentice car mechanic. Getting paid to do a job I love is amazing. I’m able to regularly spoil my mum as a thank you for the years she’d spent looking after my son and he and I are now on our way to Spain on holiday.

It’s odd being back at Gatwick and what a difference. This time my case is full of PG Tips instead of crack cocaine – well you know how difficult it is to get a decent cup of tea abroad.

By Melanie (name changed to protect identity)

 

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Trying to forget my criminal record almost cost me a job

Like a lot of people who receive a criminal record, Georgina tried to forget all about her conviction and simply move on with her life. However, applying for jobs in the NHS meant that she needed to disclose details of her past conviction, and being unclear about the precise details made her employer question her honesty. 

 

I received my conviction in 2007 following an argument with my partner. At the time I had two small children and therefore only worked part time for the NHS. This was the only time I’d ever been in trouble with the law.

I didn’t tell my employers about my conviction and merely carried on with my job. However, I carried the shame of it and kept it a secret for many years.

As my children grew up, I started to feel that I wanted more from a job but I was fearful of applying for something new, especially within the same NHS Trust as I knew that I would need a new DBS check and my conviction would show up. This meant that potentially I could lose my existing job.

I became really depressed and started to attend counselling sessions and when I told my counsellor of my fear of applying for a new job, she told me to just go for it.

I’d totally blanked out the details of my conviction but decided that if I was going to look for a new job I should find out exactly what I’d been convicted of. I started to search the internet when I came across Unlock and gave them a ring to get more advice. They advised me it wasn’t possible to apply for your own enhanced DBS check (which is the level of check that the job would involve) but that instead, I could apply for a copy of my police record which would set out the date and details of my conviction. They also advised me that, if asked at application, not to necessarily disclose all the details of my conviction on an application form but to give brief details and then go into more detail face to face, possibly at the interview stage. They suggested that I leave a written record of my disclosure so that there was evidence that I’d disclosed it.

With the benefit of this information, I applied for a post with another NHS Trust and was invited to an interview. The interview went really well and despite not having received a copy of my police record I disclosed what I could remember about my criminal record. To my surprise I was offered the job, subject to satisfactory references and a DBS check.

I nervously waited for my DBS certificate to drop through the letterbox but before it did, I received a copy of my police record which showed a different disposal to the one that I had disclosed to my potential employer. I started to worry that this might cause a real problem with my new employer and from what I’d read online, I discovered that this could be enough for an employer to withdraw the job offer.

Several weeks later my DBS certificate arrived and I arranged a time to meet with the HR department to drop it off. Along with my certificate, I took a written disclosure letter which explained the mistake that I’d made at the interview. I handed both over to the HR assistant and she told me that she’d need to speak to her manager because of the discrepancy. I had to wait 48 hours until I received a call from the HR Director who told me that she had read my letter and totally understood how the confusion had occurred. She told me that as a result of my honesty they still wanted me to start work with them.

I’ve now started my new job and I know that I have a bright future ahead of me. My advice to anyone is never give up. There are people out there that care and want to help and are willing to look beyond a criminal record.

By Georgina (name changed to protect identity)

 

A comment from Unlock

Employers will often ask you for details of your criminal record, and if the information you disclose is not accurate, this could cause you problems at a later stage.

We would always advise that you find out what’s contained on your criminal record to enable you to disclose the correct information when you’re asked. This will prevent you from disclosing inaccurate information, disclosing too much information or not disclosing what you are legally obliged to disclose.

However, this type of case is also why we think the DBS should provide a way for people to be able to find out which cautions and convictions will be disclosed on an enhanced check, so that they can make sure they disclose accurately and honestly, while at the same time not disclosing anything that would now be filtered.

 

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“You’re fired!” – Losing my job after my spent conviction came to light due to my own honesty

A core aim of any criminal justice system must surely be to stop people re-offending. We know that getting people back into work helps with this. However, as Phil’s story shows, employers are not always so open to taking people on once they know that they have a criminal record, even if it’s now ‘spent’.

 

When we consider what is needed to help those with criminal convictions move forward in their lives, time and time again we hear that the most important factor is having a job. There are many advantages to the individual, not only the obvious financial stability but also helping the individual to feel a sense of belonging, taking responsibility, gaining a sense of purpose and the creation of social relationships. It’s so clear that being in employment is a no brainer as there are so many positive advantages for both the individual, the employer and society. Regrettably we so often come across employers who continue to display discrimination and prejudice. The Rehabilitation of Offenders Act 1974 was an attempt to remove some discrimination by employers and amendments made to the Act in 2014 reduced the rehabilitation periods after which certain convictions could be classified as spent which should have given a clear, positive message to employers.

Yet one has to wonder just how many employers are fully aware of their legal obligations and how many are still actively continuing to discriminate against those with convictions either unspent or spent and how committed the government is to the Act.

This hit home to me recently when after eight months of full time employment I was dismissed for gross misconduct. I was denied any notice or pay in lieu of notice and was escorted from the building without being able to return to my desk to say goodbye to my friends and colleagues! Most people would assume that I must have done something wrong to warrant such draconian action? But it would appear this is an all too common happening around the country. The reason given for my dismissal was that I:

Have been convicted of a criminal offence that in the Company’s opinion may affect their reputation or its relationship with its staff, service users or public, or otherwise affects the employer’s suitability to continue working for the company.”

At the time of my dismissal I had a spent conviction but I had declared it on my application form as, at the time of applying, it was unspent (it became spent one day before the job interview). I wasn’t asked about it either at interview or in the months that followed when I attended a further two interviews for promotion. I felt this was fair and correct as I’d only applied for jobs which I knew afforded protection under the Rehabilitation of Offenders Act. My interviews for promotion were successful and I was promoted due to my ability, exemplary work, time keeping and attitude. I was judged on present merit not on something from the past.

So you can imagine my horror when one morning without any warning I was summoned to a meeting room and found myself being questioned by the HR manager because they had ‘discovered’ the ticked box on my original application form. It would appear the earlier lack of interest in my conviction was not due to good practice as I’d first though but simply an oversight.

I guess this shouldn’t have come as a surprise as since receiving my conviction abroad six years previously, I’ve struggled to move forward with my life and in particular, to find my way back into employment. This hadn’t been due to a lack of motivation or effort on my part or even an unwillingness to resume a constructive place in society but rather the preconceived attitudes of the state, employers and organisations towards people with criminal convictions. Despite what is said by the government the reality on the ground is very different and what happened to me will never show on any statistics.

All my friends and family have told me how wrongly I’ve been treated so I wrote to the company’s Managing Director in protest and he agreed to meet me with the HR director so that I could appeal the decision. For me this was well within my capabilities but I can imagine many would be daunted by having to enter the Dragon’s Den for a second time, confronting two main board directors of a huge company employing about 3000 employers. I was 100% focused as clearly they’d not only breached the ROA but were also in breach of contract for not paying me in lieu of notice. Despite this it was a hard and stressful face to face fight just to achieve my basic entitlements under employment legislation. There was no apology for the appalling way the company had treated me nor for the stress I’d suffered or the financial problems that losing my income would cause me. I was viewed as a nuisance, wasting their time. They had no choice but to agree to pay me in lieu of notice and remove the gross misconduct allegation however the dismissal still stood! As I was within the first two years of employment I couldn’t go to a tribunal for unfair dismissal and indeed as such proceedings are often reported in the media would be a big deterrent for most people. I’m sure there are many who would not be prepared to take this risk.

I will move forward, disappointed but stronger for my experiences. I have become used to my life being a game of snakes and ladders but one has to wonder just how many knock backs can a person take.

By Phil (name changed to protect identity)

 

A comment from Unlock

Phil’s story sadly demonstrates the attitude of a lot of employers which is that despite offering him two promotions based on his exemplary work and attitude, they were unable to see beyond his criminal record once they became aware of it. Unlock see this on a regular basis and is why we work on fair access to employment, supporting and challenging employers in how they treat people with convictions.

 

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A life sentence can sometimes be just the beginning of a new life

Oscar was released from prison in 2001 having served 10 years of a life sentence. In his opinion, the increase in criminal record checks and the fact that employers have become a lot more risk averse over recent years means that it’s a lot harder to find a job now than it was 15 years ago.

 

I was convicted of murder in 1990 and served a 10 year sentence. Instead of getting bogged down in prison with petty activities, I used my time in a constructive manner and enrolled on many courses as well as applying to do an Open University degree. I achieved many qualifications and a degree in psychology prior to my release and I saw these as my tools to face the outside world and be instrumental in helping me open a few doors.

I was released in 2001 on licence, moved in with my family and immediately started applying for jobs. I applied for over 400 within a six month period but to no avail with the exception of 7 replies stating:

“Sorry you have not been successful on this occasion.”

I was not only disheartened, I was demoralised with the fact that I was willing to offer my skills and was only seeking a fair chance on an equal footing.

Whilst applying for jobs, I worked as a valet operator, motor mechanic assistant and any odd job I could lay my hands on. But these were not the occupations I was interested in. I wanted a job comparable to my skills, knowledge and the desire to help others develop. At that time it seemed like a distant dream but I never gave up and became more focused using targeted applications. It was not easy and with every day that passed without success the struggle became insurmountable.

Hey presto! My perseverance paid off. I was invited to attend an interview by a local training provider for an Office Administrator position. I was asked about my skills and knowledge, all aspects of my conviction, my attitude and outlook on life etc. Even before I got home, I’d received a telephone call offering me the job. I worked for the company for 12 years and during that time was promoted several times to eventually become their Education Manager.

I helped many disadvantaged and vulnerable individuals and taught local college students and staff from Council’s, colleges and local businesses. I had access to all kinds of databases and personal information and worked hard to overcome the occasional discrimination and barriers which came up as a result of my criminal record. However, these oddities are part of life and one has to face them with dignity and use them as a fuel to step forward.

Unfortunately the company I was working for closed down as a result of funding cuts from government and I was made redundant. I started applying again for other jobs armed with the fact that not only had I put my conviction behind me but I had also gained significant experience and up to date knowledge with a reputable organisation.

I applied for 25 jobs in 6 months and attended 15 interviews. I went on to receive 6 job offers which were all withdrawn for different reasons – “pre-employment checks were not satisfactory”, “difficult for our partners to get security clearance” and “offer withdrawn on the advice of our HR department”. At no time did I withhold information about my conviction and I was always willing to discuss it at the interview.

Having been signing on for a while, the job centre decided to refer me to the Work Programme because I was struggling to find a job. The first thing the Work Programme advisor told me was to attend an Entry Level 3 course to learn how to write a CV and fill in application forms. This was regardless of the fact that my CV showed that I had previously designed and taught such courses myself. When I challenged the advisor he told me that I needed to be realistic about my prospects and it is a requirement to attend the courses or be sanctioned. I chose to sign off instead of being demoralised and diminished due to their inability to support me.

I have not given up yet and have started work on a self-employed basis and exploring other options such as being a trades-person. Before signing off benefits and starting on this journey I knew that I had to be prepared to face financial and emotional hardship. Work is scarce and hardly any money has been coming in for the last 6 months. But my wife and I do a bit of catering for small parties to make ends meet.

We live in a society whereby ordinary people are faced with severe hardship and have to rely on foodbanks to survive. It is all about survival of the fittest and that means the choice is ours to define and shape our level of fitness by making difficult and challenging choices.

By Oscar (name changed to protect identity)

 

A comment from Unlock

Oscar’s achievements since his release from prison 16 years ago begs an important question – what value is there is making him continue to disclose his past offence to potential employers? Yes, it was a very serious one, but he has clearly changed his life. Under the current rules, his conviction will remain “unspent” for the rest of his life. 

Stories like Oscar’s is why we are pushing for fundamental reform of the Rehabilitation of Offenders Act 1974, and why we believe there needs to be a way to seal criminal records. 

 

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Employment embargo – Why does the prison think employers are ‘unsuitable’ and refuse to let me work?

Having worked his way through the prison system, Mo is struggling to understand why the prison service continues to refuse him permission to work for certain employers without explaining their reasons why. 

 

During the time I’ve spent in prison, I’ve had a variety of ‘jobs’ – sorting rubbish, working in the print shop, even packing headphones. The worst part of being in prison is the boredom so being out of your cell and working helps to break up the day.

As I went through the prison system I believed that a move to an open prison would enable me to start doing ‘normal’ things – going home every now and again to see my family and get a job. Having served a long sentence it was important to me that I was able to start reintegrating into society whilst still being ‘protected’ by the prison.

As soon as I moved to open conditions, the prison were really on the ball, sorting out my home leave within a couple of months and setting out opportunities for work. Having been told that I needed to do a certain amount of voluntary work before I was able to apply for paid work, I asked the officer in charge of that department to put my name forward for anything and I was soon volunteering at a local charity shop.

I can’t tell you how amazing it made me feel. It gave me a reason to get up in the morning and really boosted my confidence and self-esteem. My work colleagues were great and had no problem with the fact that I was in prison – a couple of the ‘girls’ (they’re both in their late 70’s) even brought me home made lunches as they were worried that I wasn’t eating properly.

Life was great and I had no reason to believe that the next step into paid work wouldn’t be just as easy. Sadly this was not the case. If you don’t know the system for getting paid work whilst in prison then put simply, once you’ve been offered a job, the prison have to carry out checks to ensure that you’re suitable to be released daily to go to a paid job and that the company you’ll be working for are reputable and suitable. If all’s good, then the prison provide you with a licence which allows you to leave the prison on a temporary basis to go to work.

To date, I’ve been offered three jobs, all working as a junior mechanic in the car trade. Although the prison are happy for me to do this kind of work, every one of the employers has been turned down by the prison as ‘not suitable’. The prison won’t tell me why and more worryingly, they won’t tell the employers either. Without knowing the reasons behind their decision, I’m unable to address any concerns the prison has. The employers just seem to assume that I haven’t been honest with them and believe they’ve had a lucky escape.

Please don’t think I’m the only one that this is happening to – I’m not. Not a day goes by without somebody on my wing moaning about the loss of a job because an employer has been rejected and I find it hard to believe that there’s something wrong with all of them. It’s hard enough finding work with a criminal record and I know that one of the company’s that offered me a job only did so on the basis that they had the security of going back to the prison if I caused them any problems. I wasn’t worried about this as I knew that I’d be able to prove myself to them in the time I had left in prison.

I don’t have a date for release yet but it’s probably at least 18 months away. Going out to work during the time I’ve got left will enable me to save money so I can pay back the friends and family who’ve helped me whilst I’ve been inside. Knowing that on the day I leave prison I’ll have a job to go to is one less thing for me to worry about as I learn to live as a free man again.

I continue to volunteer at the charity shop and try to stay motivated but some days are harder than others. On the days when I’m feeling down and fed up one of my ‘girls’ will bring me a cup of tea and a chocolate digestive – I suppose I’d miss that if I was working in a garage!

By Mo (name changed to protect identity)

 

Useful links

  • Comment – Let us know your thoughts on this post by commenting below
  • Information – We have practical self-help on leaving prison
  • Discuss this issue – There are some interesting discussions related to working out whilst in prison on our online forum.

Thanks to the police I’m able to pick my grandson up from school – Getting my SOPO discharged

It’s fair to say that the UK has some of the toughest restrictions on people convicted of sexual offences. Conditions included in SOPOs can be very restrictive and can have a huge impact on an individual’s ability to move on. However as Colin explains, his local police force have taken a more sensible approach and by assisting low risk individuals to discharge their orders they are able to concentrate their resources on those deemed to be a high risk. 

In 2010 I was convicted of a number of sexual offences and received a 3 year community order and an indefinite SOPO. With everything that was going on in court, I didn’t give too much thought to the term ‘indefinite’ and it was only later that I realised the significance of this.

I suspect that many people will think that I was lucky not to go to prison and without a doubt I’m glad that I was able to serve my sentence in the community. Like anybody who is placed on the SOR, I had to notify the police of my personal circumstances every year. If I went abroad I had to notify the police and when I went on holiday with my daughter and her family I had to tell the police that I was going to be in the same place as my grandchildren. In addition to this, the police paid visits to our house without warning.

My SOPO meant that I couldn’t be alone with any children under any circumstances except for ‘incidental contact’.

Towards the end of 2013 I started to look forward to being ‘off the register’. However, I was totally floored when during one of their visits, the police told me that my indefinite SOPO meant that generally my situation would not change.

The detective sergeant in overall charge of my case contacted me some months later to tell me that my local police force were reviewing the SOPOs of some low risk individuals and were looking at ways that they may be able to assist in getting ‘indefinite’ SOPOs discharged. He told me he’d be back in touch when he had any further information.

I never expected to hear from him again but, true to his word, several months later he asked to see me so that he could interview me about my SOPO. I can’t say that I’ve ever looked forward to meeting a policeman but this was more like a friendly chat, and at the end he asked me to sign a witness statement that he’d written as we talked. One of the key points he made was that my computer had been regularly examined by the police and found to be free of any inappropriate material.

I was extremely anxious about having to go back to court but the detective sergeant reassured me that, whilst the presiding judge could ask that I attend, this had only happened once since the police had been involved in the ‘system’.

Within a couple of weeks I received through the post an ‘Application to Discharge a SOPO’ document which outlined my case, my criminal record, details of the SOPO, a statement from the detective and my own statement. An accompanying letter stated that the police had requested that the application be considered administratively. I wasn’t required to go to court.

Three weeks later I received a letter telling me that my SOPO had been discharged.

The discharge of my SOPO has been the final piece of my previous life. Last week, Sophie, one of my grandchildren was too ill to go to nursery and while my wife stayed at home to take care of her, now SOPO free, I was able to collect her twin brother Toby from nursery. As I relaxed in front of the television that night my phone buzzed with a text message from my daughter. It said:

Thank you for today. Toby loved you picking him up. When I dropped him off at nursery this morning he announced to everyone with a huge smile “My grandad is picking me up in his orange car today” xxx”

I’m delighted that such a simple thing has bought such joy to both of us.

By Colin (name changed to protect identity)

 

A comment from Unlock

It is common problem for individuals with convictions for sexual offences to be given SOPOs which exceed their sentence/disposal or time on the register. The proactive nature of the police in this case is to be welcomed but is still quite rare to see police forces actively helping individuals discharge a SOPO, but there is nothing stopping you from doing this yourself and, in the case of indefinite SOPOs, it is certainly worth doing.

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Is ‘sealing’ criminal records the best way to help people turn their lives around?

Following David Lammy’s review of disproportionality in the criminal justice system, the spotlight is rightly on how to address the embedded inequalities and discriminatory practices that are driving the over-representation of black and minority ethnic groups.

As part of this though, he has recognised the broader significant negative impact that the current criminal records disclosure regime has on people’s chances of finding work after they’ve turned their lives around. Referring to it as a ‘second sentence’ in his open letter to the Prime Minister, David Lammy highlights how ‘one of the most significant barriers to any ex-offenders’ prospects of employment is created by public policy: the criminal records regime.’ It locks people with convictions out of the labour market and has a considerable financial cost to society through out-of-work benefits.

It is undoubtedly in desperate need of reform.

As Lammy says, ‘people can change quickly but their criminal record does not’. It unnecessarily anchors people to their past, and young adults in particular can find a criminal record holding them back at the key period in their working lives. At the launch of his report, Lammy spoke about how people ‘need a chance to take responsibility for their own lives’.

Despite recognising the importance of the ‘ban the box’ campaign (that deals with when criminal record checks are made during the recruitment process), he tackles what he regards as ‘the bigger question of whether criminal records are relevant and need to be disclosed as often as the current system prescribes’. He concludes that ‘our criminal records regime is making work harder to find for those who need it the most. The system is there to protect the public, but is having the opposite effect if it sees ex-offenders languishing without jobs and drawn back into criminality.’

So what does Lammy recommend on criminal records?

In a section looking at rehabilitation and employment, he looks at the current rules on disclosing criminal records (namely the Rehabilitation of Offenders Act 1974), as well as recent efforts to change things, and concludes that they’re not enough.

Previous reform proposals have ‘focused on making a one-size fits-all criminal records system more generous, normally to young people. Proposals tend to involve reducing the time taken before various offences are considered “spent”. I strongly support the Taylor Review’s recommendations, set. However, I regard the one-size fits-all system itself to be unfit for purpose. A new approach is needed.’

Building on this, he makes two (very much linked) recommendations on criminal records:

  1. He recommends a process for sealing criminal records: ‘Recommendation 34: Our CJS should learn from the system for sealing criminal records employed in many US states. Individuals should be able to have their case heard either by a judge or a body like the Parole Board, which would then decide whether to seal their record. There should be a presumption to look favourably on those who committed crimes either as children or young adults but can demonstrate that they have changed since their conviction.’
  2. He recommends research that would help to support such sealing system: ‘Recommendation 35: To ensure that the public understands the case for reform of the criminal records regime, the MoJ, HMRC and DWP should commission and publish a study indicating the costs of unemployment among ex-offenders.

Is it a good idea to seal criminal records?

I agree with the criticisms of a one-size-fits-all system. Unlock has long supported the introduction of a criminal records tribunal, a process that would enable individuals to apply to have their criminal record deemed spent or filtered and, if granted, would mean it must no longer be disclosed to employers on a relevant criminal record check.

David Lammy rightly draws on the systems elsewhere. ‘In other countries, there is much greater flexibility built into the system,’ he says. ‘In the US State of Massachusetts, for example, offenders who believe that they can demonstrate that they are reformed and are no longer a threat to others can petition to have their criminal records expunged.’

As part of my Winston Churchill Travelling Fellowship in 2014, I looked at the system of ‘legal rehabilitation’ in France. It can apply to all types of sentences, including prison sentences and all types of offences (even those classed as ‘crimes’ in the French system). People who have more than one conviction must apply for the rehabilitation of all; judicial rehabilitation concerns their entire life and the conditions are very strict; not only must they have totally stopped committing crime, they must have effectively become a ‘near perfect citizen’. If granted, the record is removed from the French equivalent of DBS checks.

The impact is profound; judges and lawyers report that individuals often have a trembling voice and cry when the ruling is voiced with an effect that resembles citizenship ceremonies. The number of individuals benefitting from this process is very small (just over 20 a year on average) showing how it’s a very high bar to meet the stringent process involved.

There is evidence from overseas that a sealing approach works. Evidence from the US is that reform of criminal records regimes can have a net financial benefit — $5,760 per individual in one year — through increased income, tax revenue and a reduction in welfare costs. Yet it’s more than just the financial benefit.

Ultimately, as I wrote in a letter in the Independent over the weekend, a sealing process would help to address the injustice that many people face as a result of what are currently arbitrary fixed rules that take no account of the positive steps people have taken since their criminal record.

That said, I’m under no illusions as to the scale of the task in implementing such a system; there is widespread misunderstanding about how the current regime works. There are lots of technical questions about who might get their record sealed and what that would mean for them as individuals as well as the impact on employers in terms of recruitment.

There is also resistance to change within government. The UK government lost in the Court of Appeal earlier this year, with the court ruling that the current disclosure regime is disproportionate and unlawful. The government could have responded by implementing some kind of sealing system, or expanding the existing inflexible rules. They didn’t. Instead, we find ourselves in a situation where the government has appealed to the Supreme Court and is standing by the current approach — I hope that David Lammy’s report and recommendations helps them to think again.

How could a sealing system work?

I agree with Lammy that the criminal records regime should not only make a sharper distinction between adults, there should also be an opportunity for people to present the case, before a judge, that they should have their criminal record sealed.

Lammy says that a ‘more flexible system is required, which is capable of recognising when people have changed and no longer pose a significant risk to others.’ In giving some thought to how to take this forward, a flexible system needs to be set within context — around 250,000 criminal record checks every year in England & Wales reveal convictions or cautions — and it’s unrealistic for every case to be considered individually. Furthermore, I would caution against ‘throwing the baby out with the bathwater’ and scrap the existing system entirely, as in some ways that would be a step backwards.

In my response to the Court of Appeal’s judgment in May this year, I said that a fairer and more flexible system would be one with expanded automatic filtering rules and a discretionary filtering process with a review mechanism so that individual circumstances can be considered. Ultimately, the system has to have a degree a certainty about it. For an individual to know, for example, that after a certain period of time conviction-free will result in their record becoming ‘spent’ is an important aspect to the system, but that shouldn’t be the end of it. Many people have to wait years for a conviction to become spent. For many jobs, even once they’re spent they’re still disclosed. Any kind of sealing system would have to be clear, easy to understand and transparent. That would be important not only for individuals, but also employers too.

This also represents an opportunity to build trust and confidence into a system that is widely regarded as being ineffective. A process involving a decision maker that is independent of both government and employers has the potential to come to much more equitable decisions about what needs to be disclosed in the future and what doesn’t. A sealing process has the potential to insert a degree of flexibility into what is otherwise a blunt system.

Finally, a risk with looking to a sealing process as a solution is that you lose sight of the context. Whatever happens, there will always employers that want to know about criminal records, and likewise there will always individuals who have criminal records that need to be disclosed to them. That’s why when the government looks at reform of the criminal records regime, it needs to go hand-in-hand with other measures to help increase the rates of employment amongst those with a criminal record; that means looking at putting ‘ban the box’ on a legislative footing and piloting tax incentives to encourage employers to recruit people leaving prison and people on probation.

This blog was originally published on The Justice Gap

Notes

  1. Download the Lammy review — criminal records are looked at in the ‘Work, Education and Training’ section (pages 62–66) of the chapter on rehabilitation
  2. Read my letter in the Independent
  3. Find out more about wholesale reform to the Rehabilitation of Offenders Act 1974
  4. Find out more about how the filtering process doesn’t go far enough

I couldn’t let a caution for ABH hold me back – Getting a job in the NHS

As one of the biggest employers in the UK, it’s always disappointing when we hear how risk averse the NHS can be. Teresa’s experience has been far more positive and the introduction of the NHS Liaison and Diversion department will hopefully mean that in terms of being an employer, they will gain a better understanding of some of the reasons why people receive cautions and convictions. 

 

I can’t help feeling that I’m a victim of ‘the system’. In 2008, after enduring more than a year of emotional abuse from my partner, the police came knocking at my door. I’d never had any dealings with the police before and had no idea why they were there. They informed me that my partner had contacted them accusing me of assault. I had no recollection of this; however I did remember pushing him out of the bedroom door the night before.

The police asked me whether I was suffering from any mental health issues and I admitted that I’d recently had a number of suicide attempts that required hospitalisation. I don’t remember much after that apart from tears and complete detachment, but ultimately I was cautioned for ABH.

Skip forward 8 years and, having completed my degree in psychology, I applied for my first job. I had a great interview and couldn’t believe my luck when I was offered the job. As I needed to have a DBS check and knew that my caution wouldn’t be eligible for filtering, I arranged a meeting with the HR manager to discuss my criminal record. I hadn’t thought about what had happened for many years, I’d moved on. I’d completed my therapy and done well. But as I started to explain the situation, it all came flooding back. I spent the next week in a state of anxiety, having flashbacks and regrets, reliving memories, it was totally overwhelming. Then at the end of the week I got a call from the employer, informing me that they’d decided to revoke the job offer, as they felt that they:

“Couldn’t trust me to be alone with vulnerable clients.”

I battled on and was offered another job, this time working for the NHS. I was certain that I’d disclosed my caution to them but it turned out that by mistake I’d ticked the wrong box on the application form and had answered ‘no’ instead of ‘yes’ to a question asking whether I had any cautions/convictions which were not eligible for filtering. As soon as the NHS received my DBS certificate, they contacted me to ask why I hadn’t disclosed the caution. I’m pretty sure they thought that I’d deliberately withheld the details. I explained that I’d made a genuine mistake and then set out the circumstances that led to my caution and how I’d turned my life around since then. I must have done something right because I’ve now been working for the NHS for 9 months.

I recently applied to the police to have my caution deleted from the PNC as I don’t feel that the ongoing implication of accepting it was properly explained to me at the time. I was a victim of abuse and struggling with a mental health condition. Sadly the police have refused to delete it.

I’m no longer a victim and I no longer struggle with a mental health condition. But this caution will follow me for life. I might be very capable and good at my job but I’ll have to revisit this every time I have a DBS check. When does the past become the past?

Recently I’ve become aware of an NHS department referred to as Liaison and Diversion (L & D). The service identifies people who have mental health, learning disabilities, substance misuse issues etc when they first come into contact with the criminal justice system and where appropriate refers them to other health or social care settings which can often mean that they get diverted away from the courts.

If this service had been available to me at the time of my arrest, I may not have ended up with a caution for ABH following me around.

By Teresa (name changed to protect identity)

 

Comment from Unlock

We know of many people like Teresa who have accepted cautions without fully appreciating the ongoing impact it will have on them. This is especially so for those who are looking to work in roles which require DBS checks and who have been given cautions for offences which are not eligible for filtering (ABH is on the DBS list of offences that are not eligible for filtering). It’s for this reason that Unlock is challenging the current DBS filtering process which we feel is blunt, restrictive and disproportionate.

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Overcoming my lack of confidence to get my dream job – working as a teaching assistant

One of the consequences of receiving a criminal record can be the impact it has on your self-confidence. Fiona’s story highlights how, until it was filtered, her caution impacted on her applying for her dream job.

 

 

Ever since I can remember I have loved teaching, forever holding pretend classes and showing my younger siblings how to do things.

At eighteen I went off to study history at college with the intention of becoming a history teacher. Whilst there I began a relationship with a fellow student without realising that he already had a girlfriend. On a night out, I saw this woman, got into a huge argument with her and, in the heat of the moment, threw a glass of wine at her back (just the liquid not the glass).

The police were called and I ended up with a caution. They told me that they had to caution me as the incident had been captured on CCTV. As I was young and didn’t understand the legalities behind it, I just accepted  it. I had never been in trouble before and was even too scared to tell my parents. If I knew then what I know now, I would have contested it, but I just wanted it to be done with so agreed with everything the police said.

As soon as I left the police station I felt like a criminal. The police said the caution would be on my record for the next five years. They had taken my fingerprints and photograph, I felt awful. When I went into shops and picked up items I had flash backs and felt uncomfortable in everyday life. The caution really affected me, totally knocking my confidence.

My dreams of becoming a teacher had been shattered as I felt that no school would take me on with a caution on my record. It had been recorded as battery even though I hadn’t made any physical contact with the girl, I’d just thrown a drink, I felt humiliated and ashamed, and it was so out of character.

With my confidence and dreams shattered I went on to work in various jobs doing a teaching assistant course at evening school.

Seven years after the caution, a job I’d dreamed of came up in a local school – a teaching assistant role. I applied for the job and got an interview. I contacted the local police for their advice on the caution as I didn’t want to disclose it unless it was necessary. Even though the police advised me that I didn’t have to disclose a caution after seven years, I was still unsure and didn’t want to do the wrong thing. I emailed Unlock and was delighted to learn that my caution would be filtered and wouldn’t show on my DBS certificate. Knowing I didn’t have to disclose it really gave me added confidence and I went to the interview determined to prove that I was the best person for the job.

I got the job and applied for my DBS check. Eight weeks later I received the certificate and to my horror saw that the DBS certificate not only had my name wrong, but showed my caution as a conviction. I couldn’t believe what I was reading, how could they have made this mistake? I felt sure I would lose my job as the school were waiting for the DBS certificate.

Again I went to the police station to try and resolve the situation, but nobody could help me, clearly they didn’t realise the impact this would have on my career or my life.

In tears, I telephoned Unlock again. They explained that I would have to appeal to the DBS and even sent me a link to the relevant DBS website page. I filled out the form and waited. Eventually the DBS confirmed that an error had been made, and they sent me a new certificate – absolutely clear which I passed onto the school.

I’m now working in my dream job and feel so relieved that I’ve been able to benefit from having my caution filtered. The caution really knocked my confidence, just thinking about disclosing it caused me loads of stress and upset and I probably wasted a lot of opportunities because of it.

By Fiona (name changed to protect identity)

 

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