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For people with criminal records

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Moving on with fire in my belly

Back in June last year, after almost nine years in prison, I finally made it to open conditions. Wow, at long last, I could start to imagine a life for myself away from prison.

Soon after arriving at my new abode, I met with my offender supervisor who told me that in order to complete one final piece of offending behaviour work, I needed to attend a series of meeting with the local Fire Service. She didn’t expand on this and foolishly, I expected it to be a bit like one of those fire talks you get when you’re at school. You know the ones, a fireman comes into assembly and after a chat you get the chance to have a go in a fire engine.

How wrong could I be? During that first one hour session, my life seemed to spin away from me as I was told each and every barrier that I would face as I was tested for release, upon release and then for the rest of my life. Work (paid or voluntary), insurance, housing – all were going to be impossible for me to achieve.

To say I was a bit of a mess after that first meeting was an understatement. In fact, the Prison Governor suspended any further meetings until I was in a fit state to deal with them again.

I’m not going to lie or beat around the bush – I was in a seriously bad way and turned again to self-harming, the first time in over a year. I had a list of things that I needed to achieve prior to my parole for release and they all seemed to be lost to me. How could I possibly reduce my risk if I couldn’t fulfil all the aspects of doing so, such as securing a voluntary position?

Things didn’t turn around over-night. Instead, I had to focus on staying safe and doing what I could do fairly easily. This included accompanied town visits and abstaining from drugs and alcohol in what was still a very new and quite scary environment.

Then I had a life changer – my brother passed away at the age of just 40 and my mother needed me more than ever before. It was time to chance my arm, knuckle down, try to really move on and get somewhere.

Off I went to the peer-led working-out team who assisted us in finding work. I’d already seen an advertisement for volunteers to work on Unlock’s helpline and, having gained an NVQ Level 3 in Advice and Guidance, and having worked within different prisons in one peer mentoring job or another, I submitted my application and waited with bated breath.

I got an interview. Not only that, I got a job. It was a feeling so strong that it totally encapsulated me – I did have a future after all.

This is really where the story begins.

I’ve learnt so much in such a short space of time – for instance, insurers will give people with convictions insurance, companies will give people with convictions a job. It might not be easy, but it can happen.

But that’s not all. I’m working with new people now, new colleagues and a huge range of service users. This has really helped to rebuild my shattered confidence. I leave the prison twice a week to do a normal job and in those two days I feel like a normal part of society again. The things that last June seemed impossible, were not only possible but they’re happening to me right now.

In January, the sessions with the Fire Officer recommenced. I can tell you now that I walked in there much taller and stronger than before. I thanked the Fire Officer for his previous honesty but told him how I had been able to not only challenge, but also overcome the stigma of my conviction since our first meeting. I’m working, I’ve had my first home-leave to approved premises that will initially be my home upon release. I’m soaking up every bit of new information I can to help me now and in the future.

The Fire Officer didn’t say too much to me at the time. However, he’s been in touch with me since and told me that I’m not the only one that’s learnt something new. After listening to my story he’s completed changed his perspective – he’s told me that in the future when he deals with somebody in my situation, he’ll be happy to use me as an example of what can be achieved with a little determination and hard work.

So, what has volunteering done for me? It’s opened closed doors and given me the belief that life doesn’t have to end the day you’re convicted. It can just be the start of a different life.

By Frankie (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 information on volunteering and details of current vacancies at Unlock.
  • Discuss this issue – There are some interesting discussions related to volunteering from people with convictions on our online forum

Is a caution really a ‘slap on the wrist’? – Not if you need a Police Certificate

I have, on rare occasions, recreationally used small quantities of ‘soft’ drugs, though less so as I’ve got older. I’m a professional, hard-working, and otherwise an entirely law-abiding citizen with no so much as a parking ticket.

However, in 2011 I became a criminal and will be deemed as such until my 100th birthday. I attended a music event and, wishing to relive my youth, I accepted a single tablet of ecstacy from a friend prior to entering the event. Having second thoughts about consuming it, I put the tablet in my pocket with the intention of returning it later. On entering the event, I was met by a line of policemen and sniffer dogs and was arrested. I was advised to accept a caution, as it was ‘only a slap on the wrist’ and ‘a first warning’. Taking this advice on board, I accepted the caution.

In the years that have followed, the implications of accepting that caution have been life changing. In short, my criminal record has done more harm than any drug use came close to.

It has emerged that a police caution is far from a mere ‘slap on the wrist’ or ‘first-time warning’. It isn’t even, in a literal sense, ‘a caution’. It’s a permanent record with lifelong, debilitating consequences.

It’s a relief to see that a review of the Disclosure and Barring Service disclosure system has moderated the effects of a caution with some minor offences now being eligible for ‘filtering’ from DBS certificates. This is of course dependent on the seriousness of the offence and the time elapsed.

However, what seems to have been overlooked is that criminal records, no matter how minor, are NEVER filtered from Police Certificates. These checks are almost always required for visa applications or foreign employment (in fact, foreign employers can’t request DBS certificates), with no legal limits on who may request these outside of the UK.

So how has my caution impacted on me?

Since receiving the caution, I got married. My wife is American and I sought to visit the USA with her. With a criminal record on a Police Certificate, tourist entry to the USA requires that I apply in advance for a visa. I’m well aware that the US itself has no access to PNC records and  that many ‘advise’ to simply not declare minor offences, as you will almost certainly be admitted through US customs. Not wishing to lie however, I applied for a visa in advance, disclosing my caution. My application was declined and I was effectively barred from entry to the USA.

I was recommended for a ‘waiver of ineligibility’ and assured that this would most likely be granted. I was told that it could take between 6 and 8 months and needs to be renewed every year. Whilst I’m grateful for this, during that process a far more serious issue emerged.

Despite my spouse being American, should we ever wish to move to the USA, I know I will find it incredibly difficult to secure employment. Therefore, as long as she is married to me, there is little likelihood that we would be able to go and live in the States. Whilst my marriage is currently solid, I have every expectation that this could ultimately destroy our marriage as it places an intolerable burden on my wife and any children we may have.

I’ve been seeking to use my qualifications and experience in international development to undertake volunteer work in various countries across Africa. All potential employers or visa issuers will require a Police Certificate. As these countries have little understanding of the purpose of a ‘simple caution’, to all intents and purposes, the contents of my Police Certificate appear no different from a custodial sentence or a more serious crime. As a result, I’m unlikely to be able to provide my services in these countries.

So for the purposes of foreign travel, even a minor offence and caution is far from being ‘a slap on the wrist’.

This is all the more striking as recent changes in the UK’s DBS guidelines mean that, in my case, from June 2017, my offence will not be visible on even an enhanced DBS certificate. Whether seeking employment or adopting a child, my DBS certificate won’t show my caution. That is to say, for even the most sensitive roles, my current offence history will be legally hidden as it will be considered irrelevant and myself rehabilitated.

Yet, for any foreign employment or visa application, I’ll be asked to provide a Police Certificate. There is only one form of Police Certificate and there is no filtering system available – it will either directly or indirectly (through a ‘No Live Trace’ statement), always indicate and provide details of my criminal record.

This seems to me a perverse double standard. I concede entirely that some elements of a criminal record may need to be visible for visa or employment purposes. But its frustrating that recent well considered standards and limitations to the provision of that information, agreed via the Supreme Court, are applied to interested parties in the UK but overlooked if requested by parties overseas.

Essentially, foreign employers, be they large corporations or small voluntary organisations, be I seeking to work in large engineering projects or helping build a village school, are granted complete access to my information that would be legally denied to those in the UK.

The issue of Police Certificates should be considered in parallel with the consideration being given to DBS certificates. Ideally, this would allow for some similar form of filtering arrangements to be applied to Police Certificates as are applied to DBS certificates.

 

By Lee (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 information on Police Certificates and travelling to the USA for people with convictions on our Information Hub.
  • Discuss this issue – There are some interesting discussions related to working overseas from people with convictions on our online forum

 

 

Life’s about reinventing yourself, not finding yourself

I’ve been reading stories on theRecord for a while now and, following my own experiences recently, I’ve felt compelled to write something in the hope that even if I can encourage just one person, then it’s been worthwhile.

Five years ago I can vividly recall myself saying to a friend ‘If you break the law, have no respect for authority or people then you deserve what you get’ – how wrong I was.

At the age of 48, I’d never been in trouble with the Police. My life was good – I had a job I loved, I had my own house, close family etc. Little did I know that in 2012 all that was going to change …….

My mother had been pretty poorly for a while and in June 2012, she lost her battle against cancer. She was my rock, my world and there wasn’t a single thing I wouldn’t have done for her but now she was gone. Loneliness doesn’t even come close to describing the emptiness that I felt – that I still feel. I had no purpose, no direction and no reason to carry on. I became isolated, just going to work and home again at the end of the day – day in, day out. Like a ‘zombie’. I wanted it to end. I didn’t want this life any more.

It was in 2015 that I received a Community Order, almost three years after my mum had passed away. What it was for, it doesn’t matter. It was a conviction, that’s all that’s important. In a strange way though it shocked me into realising that I couldn’t carry on as I had been.

I know that people have different views about their arrest, the police etc. and these are no doubt based around their own experiences. I found that the police treated me with respect, my barrister and the judge gave me a chance and even my Probation Officer believed in me – even though I still find that hard to do.

I left my job shortly after being arrested and at the age of 51, I’d assumed that my age would probably be a barrier to finding work. Well, welcome to the world of a criminal record. The world in which nobody wants to know you. I’d done wrong, and I was truly, truly sorry but employers weren’t interested in any of that.

Every single night for about 16 weeks I applied for approximately 3 jobs. Oh I got phone calls offering me work but as soon as I mentioned my conviction, the job offer was revoked – a big fat NO. Some days it was really hard to keep going but my Probation Officer encouraged me to keep trying even though I really couldn’t see the point. But, she was right.

I’m now in my third month of being back in full time employment. I’m starting to see a light at the end of the tunnel and there’s some purpose to my life now. I’ve got a reason to get up in the morning. My message to anybody reading this would be:-

‘No matter what happens, believe in yourself. Things will be hard for sure. Changes are going to happen but don’t fear them, embrace them. As I saw on a poster recently – Life is not about finding yourself but about reinventing yourself – and that’s what I intend doing’.

 

By Jeff (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 information on disclosing to employers and looking for friendly employers for people with convictions on our Information Hub.
  • Discuss this issue – There are some interesting discussions related to seeking work from people with convictions on our online forum

US judge expunges criminal record

 

The article below was originally published in The New York Times and we thought it would be of interest to people with convictions in considering how the US deal with old convictions.

 

How to get around a criminal record 

In May 2015, a federal judge in Brooklyn, USA, took the extraordinary step of expunging the conviction of a woman he had sentenced to five years of probation more than a decade earlier for her involvement in an insurance fraud scheme that netted her $2,500.

Calling her “a minor participant in a non-violent crime”, Federal District Court Judge, John Gleeson, decried the “dramatic adverse impact” the woman’s conviction has had on her ability to get a job to support her four children. “There’s no justification for continuing to impose this disability on her” Judge Gleeson wrote. “I sentenced her to five years of probation supervision, not a lifetime of unemployment”.

The move was significant because there is no federal law that allows for expungement – the permanent sealing of a criminal record to the general public. In fact it appears to be the first time that a federal judge has expunged a conviction for this reason. It should not be the last.

Some 70 to 100 million people in the United States – more than a quarter of all adults – have a criminal record, and as a result they are subject to tens of thousands of federal and state laws and rules that restrict or prohibit their access to the most basic rights and privileges – from voting, employment and housing to business licensing and parental rights.

Some of these collateral consequences make sense – like preventing people convicted of molesting children from working in schools. But many have no relation at all to the original offence.

The woman whose record Judge Gleeson expunged was hired repeatedly for social-work or healthcare jobs, and then fired after employers ran a background check. As the judge wrote, it is “random and senseless” that her “ancient and minor offence should disqualify her from work as a home health aide”.

The federal government lags far behind in reducing the burdens of a conviction. About half the states allow some convictions to be expunged; almost all allow expungement for arrest records and other non-conviction records. Some expungements are automatic, while others require a petition to the court.

Of course, expungement is not a cure-all. The vast majority of employers now run background checks, many using error strewn databases that often fail to delete sealed records.

A better, increasingly popular approach is a “certificate of rehabilitation”, which State Judges issue as a way of removing certain restrictions and encouraging employers and others to take a chance on someone despite his or her record.

Another solution is the executive pardon, which restores rights lost after a conviction. Pardons were once a common method of relief from injustice, and some state governors still use it vigorously. Gov. Jack Markell of Delaware has issued almost 1600 pardons in six years. But President Obama, like his recent predecessors, has almost entirely abandoned the practice.

Mr Obama’s former attorney general, Eric Holder understood the importance of giving people with criminal records a better chance at finding jobs and regaining their foothold in society. And yet the Justice Department is reflexively fighting Judge Gleesons’s expungement order, calling it “judicial editing of history”.

If the White House or Congress made a real effort to alleviate the crippling consequences of criminal records – by increasing pardons, or passing laws to give courts more options to lessen or remove those burdens – there would be no need for judges to play the role of editors.

 

 

This content originated from: The New York Times 
Available at http://www.nytimes.com/2015/10/19/opinion/how-to-get-around-a-criminal-record.html?_r=0 (last accessed April 2016)

 

 

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Japan recognises ‘right to be forgotten’

This was originally published in The Guardian and reports on how a Court in Japan have ordered Google to remove links to the criminal record of a Japanese man stating that ‘criminals are entitled to have their private lives respected and rehabilitation unhindered’. 

 

Japan recognises ‘right to be forgotten’ of man convicted of child sex offences

Japan has taken another step towards recognising “the right to be forgotten” of individuals online after a court ordered Google to remove news reports about the arrest of a man who, according to the judge, deserved the chance to rebuild his life “unhindered” by records of his criminal past.

While Japanese courts have demanded the removal of information strictly for privacy reasons, the recent ruling by Saitama district court is the first in the country to cite the right to be forgotten – something that has been enshrined in law in the European Union – in demanding the removal of personal information online, according to legal experts.

The decision in December, which was only revealed in recently unearthed court documents, is expected to ignite a debate in Japan over whether authorities can reconcile an individual’s right to have expunged details of, say, a crime committed in the distant past with freedom of information and the public’s right to know.

In handing down the ruling the judge, Hisaki Kobayashi, said that, depending on the nature of the crime, individuals should be able to undergo rehabilitation with a clean online sheet after a certain period of time has elapsed.

“Criminals who were exposed to the public due to media reports of their arrest are entitled to the benefit of having their private life respected and their rehabilitation unhindered”, Kobayashi said, according to the Kyodo news agency.

Kobayashi added that it was difficult to live a normal life “once information is posted and shared on the internet”, which should be considered when determining whether (the information) should be deleted”.

The man, who has not been named, had demanded that Google remove reports posted online more than three years ago detailing his arrest and conviction for breaking child prostitution and pornography laws, for which he was fined 500,000 yen (£3,165). He complained that the case appeared whenever his name and address were entered into Google search.

Google has appealed against the decision in the high court, although media reports say that the man’s criminal record no longer appears in its search results.

The Saitama case is not the only ruling to suggest that Japan is following the lead set by the EU, where residents can request the removal of search results that they feel link to outdated or irrelevant information about themselves on a country-by-country basis.

In November, a court in Tokyo became the first in Japan to issue a temporary injunction ordering Google to delete search results relating to the arrest of a dentist who had been arrested for illegal dental practices.

A month earlier, the same court issued an injunction ordering Google to remove search results that revealed the identity of a man who complained that articles implicating him in past criminal activity were violating his right to privacy and harming his reputation.

Yahoo Japan, meanwhile, said last year it would comply with requests to remove information from search results if they included an individual’s address or telephone number, or referred to minor crimes committed years earlier.

Google has been resisting attempts to widen the application of the right to be forgotten since the EU’s court of justice ruled in May 2014 that Google must delete “inadequate, irrelevant or no longer relevant” data from its results when a member of the public requests it.

That decision came after a Spanish man, Mario Costeja Gonzalez, took Google Spain to court after he failed to secure the deletion of his debt records dating back to the late 1990’s.

This content originated from: The Guardian (http://www.theguardian.com/uk)
Available at http://www.theguardian.com/technology/2016/mar/01/japan-recognises-right-to-be-forgotten-of-man-convicted-of-child-sex-offences (last accessed 2nd March 2016)

 

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USA – here I come! (at the second time of asking)

Yesterday I collected my passport from a courier in Central London – the passport that contains a new B1/B2 visa to the United States of America. Nothing remarkable there except that in my (relatively recent) past I have a serious criminal conviction. Its one for violence, that belies my otherwise law-abiding life and indeed, the kind of person I am.

I could regale you with the details of the offence, the circumstances in which it occurred, an explanation to mitigate my actions but, for the purposes of this article, there is no point because, whatever my views were or are on the matter, I was convicted and I went to prison. Written down, in black and white it looks bad.  It was bad.

I left prison (to my surprise, a very positive experience) and got on with my life. I rebuilt my relationship with my children, got a job, got married, had more children and my conviction became a distant memory, largely forgotten. Right up until the time we were invited to visit America to get to know a business client better. I knew that I wouldn’t be eligible for the visa waiver programme (ESTA) but, with seven years having passed since I went to prison, I was hopeful that I could convince the US Immigration Department that I posed no risk in spite of my crime falling well inside the category of one of “moral turpitude”.

Moral turpitude is a term that doesn’t seem to have an exact meaning. It was first used in American immigration law in the 19th century and as such some of the language associated with its description is possibly not what we would use nowadays: words like “depravity” for example I would argue have a stronger meaning today.

First time around

But, back to me. I had my interview at the US Embassy in London. I talked about the offence, the circumstances surrounding it, my current life, why we wanted to visit America, everything I was asked, I answered. I was told by the nice lady that interviewed me that she was recommending me for a visa but that the ultimate decision would be made by Homeland Security and that it would be a number of months before I would hear anything because of a large backlog of applications. I was buoyed, I thought it was a done deal. My family and friends agreed – of course they would grant me a visa because I’d never been in trouble before or since the offence, I was a family person, a company director and many years had passed.

Oh dear!! When the letter finally came I had to collect it from the local delivery office. I didn’t know what I was getting or where it had come from, only that there was insufficient postage to cover the delivery and I had to pay to collect it. I opened it in the car and promptly burst into tears. Homeland Security had rejected my application but didn’t tell me why. The added pain of having to pay extra after all the costs involved in the process just to pick up the letter they hadn’t stamped or franked was too much to bear, silly though it now seems. We went to Devon that summer instead and I forgot about it for a while. “I didn’t really want to go anyway” became my mantra.

If at first you don’t succeed….

After a couple of years I decided to reapply. I didn’t know the reason for having been turned down, other than the obvious, and felt that enough time had passed for it not to be a complete waste of time or money. If they turned me down this time I would know that there wasn’t much point in trying again, my offence was just too serious and while it’s now officially spent in this country thanks to changes to the Rehabilitation of Offenders Act 2014, it must always be disclosed to US Immigration.

A few things had changed since I last applied but, you still need to “furnish” the embassy with the same documents and pay much the same amount of money. Most of it can however be done online now, making it all a lot easier (and also meaning you are informed of decisions via email, not post).

It’s important to remember that the process can be a long one. You can wait several weeks for an embassy interview and the decision can take six months or more. I’d strongly advise against making any travel plans until such time as the decision has been made.  The documents you need to take along are:-

  • Your current passport, which must be valid for at least 6 months beyond when you want to stay in the US
  • An ACRO Police Certificate
  • A VCU-1 form which must be filled in online and printed out
  • The interview confirmation page
  • The DS-160 confirmation page
  • A passport photograph

I made sure I’d received my Police Certificate back and had passport photographs done before I started filling in any of the other forms but once I had them I filled in the DS-160, the VCU-1 and made my appointment all at the same time. My appointment was in the summer, about 4 weeks from the date I applied. I could have had an earlier appointment but I was away on holiday. I don’t know when the busiest times are but I suspect that from around May it might be busier as people realise they need to get organised for the summer.

Going to the interview at the Embassy

My experience of the interview was much the same as before. However, in the three years since I’d last applied the embassy has relaxed the rules about what you can take in with you. Last time you weren’t allowed any electronic devices at all but now you can take your mobile phone, e-reader or tablet, but not laptops or tablet keyboards and no large bags, suitcases or weapons. I arrived more than half an hour before my 8.00am appointment and was quite alarmed that there was already a large queue outside. Fortunately, the staff sorted people based on their appointment time and the line moved quickly. I whiled away the time by trying not to stare at the actor I recognised ahead of me because he was shorter (and okay, a little fuller figured) than I’d thought. Within 15 minutes I was inside, had been given my number and now just had to wait until I was called.

This is where you need to keep your wits about. There are several different kinds of numbers and although each category number is called sequentially, there doesn’t seem to be any kind of order as to which window calls which kind of category. Or when. I’d taken my Kindle with me but I really struggled to concentrate on what I was reading because I was worried about missing my number (they do give you more than one chance if you miss it). I updated Facebook, no one had heard of the actor I’d seen, or rather they just didn’t know what his name was. I sent pointless text messages to my husband, fidgeted and people watched. I saw another actor, one that people had heard of this time. I needed the loo as well but I didn’t dare to go until the interview was over, I didn’t want to miss it.

After 45 minutes or so I was called to a window to hand over my documents and have my fingerprints taken. I then returned to the waiting area to wait for my interview, still needing the loo, still unable to concentrate on my book.

I didn’t have to wait too much longer before I was called for the interview, to the same window as the one I’d been to three years previously. I saw that as a bad sign, though logic tells me now that they probably send all the people in my situation there. I was asked similar questions to before, the lady was very sympathetic and said she was going to recommend me as they’d said before. She was able to tell me that I had been refused before because it was deemed “too soon“. This had been seven years after my conviction and as we were only three years further on, the lady told me that I should be prepared for a further refusal. I left the embassy after an hour and a half, glad it was over but not at all hopeful of obtaining a visa.

I was told the decision process would take around six months. A couple of weeks before the six months were up, I received the email I wasn’t expecting – one asking me to submit my passport for visa issuance. Naturally I sent it off by special delivery within an hour of receiving the email because I didn’t want to give them the chance of changing their minds.

I had long since accepted that my chances were slim, regardless of the kind of person I feel I really am. My offence was very serious and ten years isn’t that long in the grand scheme of things.  However, don’t be put off, even if less time has passed since your conviction, whatever it was for. The embassy assess each application individually based on a number of criteria so you really can’t predict the outcome. If you are refused, you can apply again. There are no time restrictions so you could technically start the process again right away – bear in mind that the same costs apply each time and they are far from insignificant.

Now that I have my one year’s visa in my passport I’m already wondering what the renewal process is going to be like. I believe I just have to apply again, the same as before so I won’t worry about it for another six months. My main concern at present is whether I can justify the ludicrous amount of money its going to cost to fly a family of seven all the way to Los Angeles this summer!!!

By Stacey (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 information on travelling to the USA for people with convictions on our Information Hub.
  • Discuss this issue – There are some interesting discussions related to this from people with convictions on our online forum

Learning to forgive myself!

In the 1990’s I got a conviction for GBH. I hit a guy and he suffered brain damage; he very nearly died. At first I was told I would be facing a charge of murder. Things were so close.

I found it very difficult in prison, beyond any stress level I had encountered before, but as it was my first offence I managed to transfer very quickly to an open prison. That was better, but it wasn’t until my last week inside that I could actually lift my head up and look at other people. I was really depressed and a little paranoid. One thing that I did find in prison was a small book about meditation and Buddhism – I was desperate to find some way to relax. It helped a bit to read the stories in the book. The fact I was reading this meant I didn’t finish myself off.

Despite being so frozen with fear whilst in prison, I still felt nervous when I left half way through my sentence. I found it really difficult to go out, I was just scared and thought that the people at the bus stop might be talking about me. I wasn’t well. Depressed? Lost? Shattered?

Luckily for me, my old employer let me have my job back. I worked in a laboratory at that time. However, they wanted me to be interviewed by a psychologist just to ‘be on the safe side’ before letting me back. I was given the choice of either seeing a psychologist from the probation service, a psychiatrist or I could go and see the psychotherapist that worked at the university where I was employed. I opted to go to see the psychotherapist – thinking I would just go for a one off interview.

Well …. I ended up having weekly psychotherapy for 13 years! But .. they were a really interesting and amazing 13 years!

When I first came out of prison I was in my late 20’s. I’d never had an actual girlfriend, never caught a train by myself and never really been anywhere. I lived at home with my parents as I’d done since I dropped out of university in my first term. I had very low self esteem – always had.

The fact is I needed psychotherapy, but it would never have crossed my mind before prison. I came from a very working class family and things like that were just off the radar for me. While at the open prison I used to go and have a cup of tea and a chat with a nun who used to come and talk to the prisoners. I didn’t believe in God but talking to somebody was a life-line for me.

It was so helpful to have my job. At least I could go back to some of the safety I had been hiding behind before. However, after a couple of years of therapy I was changing. I was able to walk around town without thinking I was going to be beaten up or killed, without feeling ashamed.

By this time I had moved out of my parents home and was amazed to find that I could survive by myself, cope with paying bills and being alone. I had also started catching trains by myself and used to go to Cardiff, Bristol and London and look round the shops. Then I travelled to Tibet and South Korea to explore and to stay in a Zen Buddhist temple for a short while. This interest in voluntary work continued and I started volunteering back home for a mental health project.

I felt life was a really precious thing. I had destroyed one person’s life and part of me felt I didn’t deserve it – but it wouldn’t have helped to destroy my life too. I also realised that I didn’t want to work in the lab anymore. It was a good job with a future but it wasn’t right for me. I wanted to be a psychotherapist. I was worried about how my record would affect that. My conviction would not become spent for many more years and if you work with vulnerable people it never does really.

I found a place that would give me an interview, actually a lot of counsellors and psychotherapists have come through difficult times – some have been to prison.

The course, the therapy and the travel back and forth to London was going to be very expensive and I had no idea how to pay for it. Also my employer, despite having been brilliant were not willing to give me day release to go and do the course. I had to find another job if I was going to do it. I’m sure you all know that it’s not easy with an unspent conviction for violence.

The course was going to start so despite being really scared and wondering if I was a bit crazy, I gave up my job at the Uni and now unemployed, gave all the money I had ever saved up to pay for my first years tuition. I needed a job straight away but despite my best efforts, I couldn’t find a decent job and ended up getting a zero hours minimum wage job in a pub. They were nice there, but I still needed something paying a bit more.

After six months and the benefit of references from the Uni, my voluntary work placement and the pub, I got a job working with adults with learning difficulties. They were willing to listen to the circumstances around my conviction and gave me a chance. They were really challenging clients with autism. I was getting beaten up and bitten every week but I was so much happier than at the Uni. The pay was still pretty poor, about a pound an hour better than before – I still have that job!!!

It took eight years of training but I am now a fully qualified psychotherapist registered with the UKCP. I have my own practice and some private clients. I hope one day to get to the point where I can rely on the income from my psychotherapy work.

Even now, I still struggle from time to time with self-esteem issues but ……..I got married recently and had a Buddhist blessing last week.

So hang on in there folks, everything changes, including you.

The man I hit died not long ago. He died young. I’m not sure if this was related to the injury I had caused but I guess it is likely. I can’t make it better, I’m sorry.

Something I can do is use my precious life to help other people to know that their lives are precious too – every single one of you – whatever you have done.

 

By Terence (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 information on DBS checks and disclosing to employers for people with convictions on our information hub
  • Discuss this issue – There are some interesting discussions related to this from people with convictions on our online forum

The Google Effect – You can be forgotten!

I’d just started a new relationship when I sat my girlfriend down and disclosed my conviction to her. Out of interest, we decided to check Google to see if we could find out any information about my conviction on there – it was spent so I’d presumed there wouldn’t be anything. Well, imagine my shock and horror when it came up right in front of me.

I’d been looking to start a new business and I was now really really worried that people who I’d be working for would be able to Google me and see everything about my past. How would these people see me now? Would they still want to work with me? How could this be fair? If an employer did a basic criminal record check on me nothing would show up but because of Google, my spent conviction was still splashed all over the web even though I hadn’t legally had to disclose it for about six months.

How would I be able to move on with my life knowing that anybody could see my conviction on the web and then make a judgement about me, even though I was rehabilitated and had moved on with my life?

Luckily I found Unlock. They were really sympathetic and understood the impact of the so-called ‘Google Effect’. They informed me that as my conviction was spent, I should write to Google and request that they remove the link. They even helped me to draft the letter to Google ensuring that it contained the relevant information to back up my request. I set out in my letter that my conviction was spent under the Rehabilitation of Offenders Act and that the information held about me was irrelevant, outdated and inappropriate.

I sent a similar letter to the website that the article appeared on.

Imagine my joy when I received replies back from Google and the website stating that they were happy to remove my links from the web.  Now when I do a search on my name, nothing comes up. I feel that I can move forward with my life not having to worry.

I would recommend this that anyone who has a spent conviction and is in the same position as I was. Write to Google and request your link is removed. After all, we should all have the right to move on from our past mistakes.

By Julian (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 information on the google-effect for people with convictions on our information hub.
  • Discuss this issue – There are some interesting discussions related to this from people with convictions on our online forum
  • Policy work – Read about the policy work Unlock is doing on the google-effect

Why do employers use criminal records? And why don’t they make their policy clearer?

I’ve just seen Unlock’s project aimed at employers. This looks at making the system fairer for people with convictions who are going through the recruitment process.

I think this is a great idea. When I was looking for work, it was so frustrating applying for jobs, having to tick the ‘yes’ box and then getting no reply. I didn’t know if this was because of my conviction or because the employer just felt that I didn’t fit the criteria for that role. However, I always had my suspicions that it was due to me ticking the ‘yes’ box on the criminal record question.

Well this led me to thinking –

Why do employers use criminal records? And why don’t they make their policy clearer?

Is it to assist them in sifting out applications.  If you tick the ‘yes’ box, is your application filed under “bin”. If this is the case, surely this must be an abuse of the system and should be stopped? However, getting an employer to admit to this would be difficult. It would be almost impossible to prove that they do this, because they will just say “You did not fit the role requirements” or “Your application was good, but I’m afraid other applicants fitted the role requirements more closely”.

Isn’t the idea of having a criminal record question for an employer to be aware that you have a conviction, and then if you are suitable for the role, your convictions can then be considered, ideally face to face? Sadly, many employers will look at your conviction on paper and make a judgement on the person you are based on that alone.

Sometimes I did get interviews, following Unlock’s advice to put “will discuss at interview” on the section of the application form asking about criminal records. However, there were two occasions when I raised it again at interview, the interviewer stopped the interview and said “We don’t employ people with unspent convictions”. That was it, interview over. If they’d put that in their application pack, I wouldn’t have applied for the job. I wouldn’t have wasted time in travelling to the interview when I knew there was no chance of success.  I wouldn’t have wasted the company’s time, they could have concentrated on the applications of the people they did consider to be eligible for the role.

I believe that employers should be open and honest in their recruitment especially when they ask the question about criminal records. It would be helpful if, in that section, they had a link to their policy regarding employing people with convictions. Then you could read it and see if it’s worth you applying based on your offence or the sentence you received. Ideally, their exclusions would be quite narrow, and instead look at each case on their merits. But if an employer simply doesn’t employ people with unspent convictions, then put that in the recruitment pack. As far as I know, it is not an unlawful statement. Employers should be open and honest about their need to know about a person’s criminal record. If they are ashamed of their recruitment policy, then they should change it.

I have now got a job after approximately 200 applications. How many of those I never had a chance of getting because of my convictions, I will never know. I suspect the majority of them. If they had been more upfront regarding their recruitment policy on employing people with convictions, then I suspect, I wouldn’t have applied for most of them, saving me many hours of my life.

By Robert (name changed to protect identity)

 

Useful links

Barriers to education – see the person, not the offence

 

This petition was originally published by Kim and can be found at Petitions24.com.  Many of you will have come across similar problems and may have been prevented from completing a course of study due to problems securing work placements. If you agree with the issues raised, please support Kim by visiting the website and signing her petition.   

Update

We’re delighted to hear that Kim has had a meeting with the College Principal who was very positive and told her she had the full support of the College and would be able to continue with her education and attend the work placement that she was originally denied.  Kim stated:-

“I’m so emotional right now so can’t think of what to write other than thank you. I will continue to fight for people with an offending background to break down the barriers I faced. The last week has been so stressful but I can finally look forward to my future again.” 

 

Barriers to education- See the person, not the offence

My name is Kim. I am a student studying for an HNC working with communities. Part of my course is to do a 200 hours work placement. I found my own placement and submitted my pvg. I was as honest as I could be and my pvg came back with no restrictions and I wasn’t barred from working with anyone but, my previous convictions where on it!

In 2005 I was charged with a toxic crime racial assault which of course I deeply regret! I have never been nor am racist. It was a reaction I really regret I didn’t understand the impact this sort of behaviour would have on another but I do now I learned from my mistakes. Due to this 10 year old crime my college won’t let me do the placement as a student therefore I can’t complete the work so will fail my full course. If I fail the course then I won’t get into university which has been a real motivation to me in turning my life around!

It took me 2 years to get into college in the first place I had to fight and prove myself worthy of the place. I do have an offending back round one that I  regret but I can’t change it I’m not a bad person I just made some bad choices and it’s because of my background I want to help other young people who have been in my situation and I’ve done everything In my power to turn my life around and give my wee boy the life I never had. I speak at events about how I turned my life around and I am passionate about helping young people stay clear off committing offences so they are not in the position I am in now!

I was 17 at the time of the offence leading up to that night. I had been sleeping rough my life was out of control but the last few years all I have done is make positive changes in my life and have done everything to become a hard working member of society. I have a clean pvg so why should I still be punished for crimes I committed 10 years ago! I am passionate about change I want a career in the criminal justice system helping young people before they get into offending. I feel I am being forced out of the college I love and the course I love and I haven’t been given valid reasons. They said they where following a college policy but when challenged it turned out they don’t even have one in place for ex offenders!! So I’m facing this prejudice and descions are being made by people who dont know me. They just look at a bit of paper and see the crime not the person, they have me high risk in the college scoring system but none of them have met me & yet my pvg is fine, I feel I’m being discriminated against and all I want to do is finish my education.

Please share my petition and help me break down barriers to education for people with a offending background we must not be defined by our crimes I have changed – why should I still be punished?? I want to continue my education please help me raise awareness not just  for me but anyone else in my position as everyone has a right to have a education no matter what your background is. Thank you ❤️

 

Following the petition going live, Kim has made the folliwng comment on the Petitions24.com website:-

Firstly I’d like to thank you all so much for all the support. I am overwhelmed at how many signatures, shares and lovely messages I have received in such a short space of time. I find it really hard to express myself on this matter as I feel like it has been a never ending cycle of disappointments over the last few years and the only thing that keeps me strong is the love I have for my son and my determination not to fail him and give him the life he deserves. I always get within reaching distance like everything is going well and then out of the blue my past haunts me and I’m back again having to fight and prove I’m not the person people assume I am because of my behaviour when I was at the lowest points of my life.

My heart is pounding out of my chest as I write this as I am terrified of what the outcome of this can be but I know I have to stand up for myself. I’m so tired of being rejected because of my past. Why am I still doing a sentence for offences I committed when I was seriously off the rails. My life wasn’t easy, I made really bad choices and I will never excuse anything. I have no excuses, I own every single think I ever did wrong and I’m deeply sorry to anyone my behaviour ever affected. I have learnt from my mistakes and turned my life around, is that not what matters?? When am I allowed to just be Kim in the here and now. Not Kim the ex-offender. Why can’t I get an education or job without facing barriers?? I have the right to just be Kim and not have the past hang over me for the rest of my life. I did my sentence but it feels like I am doing life with the past and I want out of this prison of being rejected and judged – I am not my crimes!

I will keep everyone posted on my journey. Please keep sharing and help me get on the placement and finish my course. I really believe convictions spent should be automatically wiped off PVG’s. I believe if there are no bars or restrictions on your PVG then employers or college/university should not get to see your convictions! The PVG is to protect vulnerable groups so who’s protecting us once we have paid back out debt to society and if we are not a risk to anyone? We are people that made mistakes that’s all.

Thank you all so much again from the bottom of my heart I will reply to you all if I can.

 

This content originated from: Petition24.com
Available at Petition24.com (last accessed 22nd January 2016)

 

Useful links

  • Comment – Let us know your thoughts on this post by commenting below
  • Information – We have practical self-help information on applying to university on our Information Hub.
  • Discuss this issue – There are some interesting discussions related to this from people with convictions on our online forum

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