Migrated From: The Record - Posts

Has Google removed any results for people with convictions?

Since the “right to be forgotten” ruling in May 2014, Unlock have been receiving copies of requests that people with convictions have been sending to Google. So far, every single one that they’ve seen has been rejected (unless the facts that have been reported have been inaccurate). However, there was an interesting article in the Telegraph last Friday suggesting that there has been a case relating to someone with a conviction who was successful.

Have you been successful in getting search results (or original content) removed on the basis that it’s “irrelevant, outdated or inappropriate”? We want to hear from you if you have.

We’re actively on the look out for any examples where Google (or another search engine) has agreed to remove information relating to convictions on the basis that it’s now irrelevant, outdated or inappropriate. Please send us the details.

For anybody who has been refused, we’re encouraging people to make a complaint to the Information Commissioners Office (see Unlock’s self-help information site for more about this).

A DBS check scares me

In the 1980’s, at the age of 16, I was convicted of ABH and given a 12 month conditional discharge. After this happened my solicitor told me that, when I turn 18, the conviction will become cleared. At that time, the offence didn’t play on my mind and, until the early 2000s, I was getting on with my life. I became a parent, went to college and then onto university.

Then, in 2003, I got a job as a Teaching Assistant in a secondary school, and this was when I had to do a CRB check. When asked on the form if I had any criminal records, I answered no because I thought that the conviction was spent.

When my CRB came back, the head teacher asked me about it. I tried to explain the situation, saying what I could remember about the circumstances around the offence, and telling her that I had been told it would be cleared. She was saying that there would have to be a meeting to discuss the matter, and I guess really to see if I would be keeping my job. I was in shock because of whole thing, and I decided to leave because I thought that I was going to lose my job, and also because I felt (and still feel) ashamed.

It is really good that there have been some changes to the ROA, and now how minor offences can be filtered, but I ask myself, what about the people who committed an offence when they were teenagers? Because of the nature of the offence, it will never be cleared or wiped, or filtered. That just doesn’t seem right.

People tell me that I have nothing to worry about, and employers will not even ‘bat an eyelid’ because it happened almost 30 years ago. I was in my teens, and it’s my one and only offence. The thing is, this one offence feels like 30 offences, and 10 years on from when it all came out, I am still trying to come to terms with it. I am angry and I feel ashamed. I look at the jobs which I know I have the skills for, but seeing the words ‘a DBS check will be required’ scares me. Why? Because it means that I will have to explain something that happened decades ago, and I think ‘why?’

On the few occasions that I have disclosed for work purposes, the response has been negative. I know some people can quickly get over things, and get on with things, but I am finding the criminal record and DBS checks difficult to deal with. I just want to apply for a job without this hanging over my head.

Yes, I can say to myself that ‘it happened 30 years ago’, but because it’s an offence that for certain jobs like teaching (an area of work that interests me) it won’t ever be spent. Those 30 years, are like 30months ago. So, I will always be seen as a ‘risk,’ and this doesn’t help my confidence one bit.

I want to thank you Unlock for the work you do, for wanting the government to make further changes, and for giving us a voice.

by Nicola

Success with The Prince’s Trust

Here’s a great success story that shows what can be done with the right kind of support – Kash Flow

New Life, New Business – New Problems

Ten years ago I received a conviction for a sexual offence. I can’t tell you how hard it is for me to say that, I am still filled with feelings of disgust and utterly ashamed at what I did. At the time, my life was out of control, don’t get me wrong I’m not making excuses, I shouldn’t have done what I did. I pleaded guilty and I received a custodial sentence.

I’m not one of those people who constantly whinge and feels sorry for myself. I don’t blame ‘the world and his wife’ for what’s happened to me. We all make our own choices and I have to live with mine.

All things considered, I think I’m doing OK. Yes it was hard when I first came out of prison just coming to terms with what I had done and what had happened to me. Prison was certainly never on my list of ‘places to visit before I die’. I did everything that my probation officer asked of me and I am always totally up front and honest with my PPU officer. I don’t consider myself a risk. I’m not going to reoffend and I have nothing to hide. Being a very private person, I initially found questions from the PPU officer quite intrusive but I realised very early on that she was only doing her job. I had allowed myself to be in this position by offending but if I co-operated with her, then hopefully in time, she would be prepared to put more trust in me. That’s exactly what happened. She appreciated my openness and honesty and has always been extremely helpful and supportive.

I met a lovely lady approximately 4 years ago and I disclosed my conviction to her (as I was told to do). I think she was surprised and I am sure there must have been moments when she wondered whether a relationship with me was worth the effort (although she never voiced this to me). We set up home together and made the ultimate commitment – we got a dog.

Like anybody with my sort of conviction getting work has been difficult. Many times my application was never acknowledged even though I knew I had the necessary skills and experience. On other occasions when I disclosed at interview I could see the look of disgust on a manager’s face. I just kept on trying and applied for everything I could and eventually I managed to secure a job. I worked hard, got promoted and then got head-hunted by a competitor.

As my relationship with my partner developed, we made the decision to move house and set up a business together. We wanted to spend more time together and I wanted to move away from the high-pressured, stressful environment that I was working in.

Our new business needed insurance and as I had pretty much put my conviction behind me taking out a commercial insurance policy did not worry me unduly. Oh dear – how wrong I was. Unlike personal insurance, I was duty bound to disclose my conviction as a ‘material fact’. I rang a couple of companies advertising on the internet but didn’t even get the chance to explain the nature of my conviction, the minute I answered yes to the ‘have you got any criminal convictions’ question they told me they could not help. In desperation I turned to the Unlock website – excellent there were brokers who stated that they insured people with my type of conviction. I rang the first one and had to disclose the nature of my offence, when it occurred and the sentence I received. I had achieved so much over the last few years that I had forgotten what it felt like to disclose but that sense of shame and humiliation came flooding back. The broker was great, I guess he’s heard it all before. He said he would ring around and come back to me with the best quote. He did come back to me and told me that although as a broker he had no issue with the nature of my conviction, but due to the fact that I was looking for commercial insurance, he could not find anybody to underwrite the policy.

I rang two more brokers on the Unlock list and got the same answer. They all said that if I had wanted personal insurance they would have no problem sourcing something but commercial insurance was a big ‘no’. For the first time in a very long time, I was reminded of those early days when rejection was a regular occurrence. It was like being on trial all over again. I could see my plans for the new business and future with my wonderful partner just slipping away. Worst of all, it felt like my partner was being punished for my convictions.

Further searches on the internet and many phone calls later and I managed to find somebody willing to insure me. I know that I am paying 3 times more than somebody without a conviction which is not great and an expense that a new business could well do without. However, astonishingly I have only just realised that whatever I have done since leaving prison and whatever I achieve in the future, I am never truly going to be free from my conviction. I have always been able to remain positive, I have never felt sorry for myself and I have never shouted about ‘discrimination’ but I have been really shocked that my conviction should have such a massive impact on purchasing an insurance policy.

I understand why employers need to know about my past, I have accepted that I needed to disclose to my new partner and her family but I fail to see how my conviction has any bearing on a commercial insurance policy.

I am determined not to become bitter about this. If nothing else, it has just given me even more motivation to make a success of my business and provide for my new family.

Confusion over DBS factsheets

Whilst working on the Unlock helpline I had an interesting query that I thought might be useful to share on here:

It appears that, in relation to being ‘barred’ by the Disclosure and Barring Service, they have two ‘Factsheets’ surrounding whether or not someone should be placed on the DBS barred list.

The two factsheets in question are ‘DBS Factsheet: Relevant Offences’ and ‘DBS Factsheet: Relevant Offences England and Wales‘

The offence in question is listed as ‘Supply of a controlled drug to another (Misuse of Drugs Act Section 4(3))’ in ‘Relevant Offences’, but as ‘Production or supply of a controlled drug (where the victim was a child) (Misuse of Drugs Act Section 4(3))’ in the England & Wales version.

The question was “which one applies”? If the latter list is used then this would mean the client would not be on the DBS barred list.

We’ve referred the matter to the DBS whose legal team are currently looking into it. We’ll provide an update once they’ve come back to us.

By Simon

Public interest, private curiosity and the right to be forgotten

by Andy

I was convicted of a number of internet sex offences in 2010. My case appeared in the local newspaper twice: at committal and the sentencing hearing.

A few days after I was charged my half-sister – Anne – whom I had only met once only a year before – died. Someone found my address on a piece of paper at her house and her solicitor contacted me to give me the funeral arrangements. This was a strange situation for me (and my wife) and left us with a dilemma. Because of the charges I would be facing in court, would it be right, in the circumstances, to attend her funeral, or should I stay away? We decided that, in spite of the fact that I only knew her from a very pleasant day we had with her at her home, it was really important that we should attend.

We had a good day. Her friends were interested to meet us and gave a sympathetic hearing to my story about the way my dad ran off from his wife, setting up with my mother a few years later. By the end of the day, I felt we had made some new friends. She had died intestate and I inherited her estate (another, though less important reason for attending the funeral…’He got all her money and he never even came to the funeral!’). So I had to return to Scotland to clear the house and tie up some legal stuff.

Two of her good friends lived up her street and shortly after we arrived, one came to the door. I expected a few friendly words and perhaps an offer of help. Instead, I was confronted with the statement: ‘People up here know about you’. Apparently, someone had Googled the news item about my committal hearing which, by then, had happened. When we got home, we had an email from someone we met at the funeral who described herself as ‘Anne’s best friend’, berating me for the evil person I was, with the inference that my wife, by supporting me, was as bad.

That was an early lesson about how damning these stories can be. Since then I can think of at least two other occasions when my inclusion in the paper has had an effect on my life. One was the inability to get house insurance (‘Was your case in the paper?’) and, on another occasion, its use to ‘out’ me when I was a member of an adult drama group. The group knew of my convictions and welcomed my participation but, as it turned out, did not possess the courage to allow me to remain a member after the URL of the story about me was circulated on Facebook.

All that said, I know I have been lucky. In lots of ways, my life is the same: my wife stuck with me, my daughters have forgiven me, most people I know are supportive and, luckily, I had retired from work before this all blew up. But there have been several situations where I have given my name to someone I have just met and gone on to think: ‘I wonder if they’ll look me up?’

I like the idea of freedom of the press/information too, but does what has happened to me truly show the value and importance of this? Is the ability of anyone and everyone to look me up on the web a matter of public interest, or merely something of interest to some of the public?

Finally, a lot of people seem to think that having this stuff online protects the public in some way. In the sex offenders’ programme I attended, only 2 or 3 of us out of 12 had had our names in the paper, and one of those said how relieved he was that he had the same name as a film director so he was well down a Google list. I guess that, except for the most heinous of offences inclusion in the local newspaper depends on arbitrary factors such as how much news there is on that particular day, rather than an obligation to include all convictions. To look to search engines in the belief that they will dig out all wrongdoers etc. is a dangerous illusion.

For what it is worth, I cannot see that I should not have the right to be forgotten after my five years on the Sex Offenders’ Register is complete.

Soul Destroying Fear

by Vicki

I recently applied for a job as a senior mentor post, a post I already hold, and have held for 7 years, in a primary school. Despite passing the assessment and seemingly giving all the right answers in the interview, I was turned down for the job, despite showing them character references from my last two employers, two prominent head teachers.

I declared on my application that I had a criminal record, enclosing details in a sealed envelope as they requested. The problem is, I have two offences as part of one conviction dating back to the late 2000’s: two counts of ‘failing to notify of a change of circumstances required by regulations under the act on 14th April 2003 Social Security Administration Act 1992’.

My guess is that they took one look at this and thought they’d show willing by shortlisting me and calling me for an interview, but in my heart of hearts, I knew that I wouldn’t get the job. There were extenuating circumstances to my actions (I suffered a double bereavement in the space of a 5 day period, plus caring for a father who suffers from Parkinson’s) and my solicitor said that I was probably suffering the effects of post-traumatic stress disorder. Prior to this conviction, I had never broken the law in any way shape or form, and, obviously, have not done so since. I was sentenced to two suspended sentences (to run concurrently), and 100 community service, which I completed over 13 weeks (one Saturday a week) receiving glowing comments on my paperwork each week from the team leader, for my work ethic.

I am too embarrassed and scared to apply for jobs, especially as I work with children and so am subject to an enhanced disclosure. I applied for a job last year, and though they eventually offered me employment, it felt like I was given the third degree, having already declared the conviction, I then had to sit in a room before I could sign my contract, to explain my actions. If the ground could have opened up and swallowed me whole, I would have happily jumped in. In the end, I turned the job down because they made me feel as if they were doing me a favour, and I didn’t want them to have me over a barrel.

It really is very hard. I don’t want the conviction to define who I am as a person: a single parent, a sister, aunt and a carer for my disabled parents, but employees don’t see that, they just see ‘criminal’. Thankfully, I have the support of my family, and my son. Telling him what I had done was the hardest thing I’d had to do, since telling him that his father had died. My son is the one that gives me the confidence to apply for jobs, reminding me that I am actually very good at what I do.

I’m resigned to the fact now, though, in my 40’s, I will be one of those people that just stays in their job until such time that they can retire, because the thought of having to bare my soul each time I apply for a job, well, it’s soul destroying.

Caution with cautions

by Katie

In 2008 the police called my phone and asked me to come into the station and explain something I’d done. I explained what happened, and I was told that they would issue me with a caution, which would stay on file for 3 years.

I currently work in the health care industry, I always have, and for over 10 years now. Recently I applied I for some extra work, notifying the employer that a caution may possibly be still on record, but added that I had been told it would be cleared after 3 years.

This was not the case.

I received my enhanced DBS check with the caution on the certificate. I then contacted the customer line where they informed me it will be on there for six years, not three, and then told to contact the Unlock helpline for further advice. Even though I had voluntarily declared possible caution, it now appears I’m being judged automatically, as still remains on certificate because of the offence type.

We live and learn from acts of impulsiveness and, in my case, I was sent something and then sent it back and explained briefly to employer, and yet it’s unfortunate when you try and move forward and explain your past, that it’s judged upon – even when successful at interview.

Police officers should give correct information. If they had told me at the time that the caution would be on my record much longer, I would have accepted this. But when you find its still on your record it just deflates your hopes, as employers do judge. As much as they talk about equal opportunities, this doesn’t always apply to people with cautions.

Working in an airport – Check out the facts and keep at it

by Mary

I would like to share my story with all those individuals who have a criminal conviction and cannot see a positive way forward.

I worked for a luxury brand on the high street and, following three interviews, I management to obtain a position still within my company but at an airport. I was so excited and looking forward to my new role. In 2012 I attended court for an over payment in respect of incapacity benefit which dated back to 2010. To my absolute shock I was convicted and given one hundred hours community service to be completed within 12 months of my conviction. I paid back the money immediately and completed my community service within 5 weeks while still working full time.

I informed my manager of my conviction and they liaised with their HR department. They contacted me to tell me that the job offer was withdrawn, and they also told me that the decision was final and I could not appeal. I put down the phone and my whole world was shattered, I thought this cannot be right and did not know which way to turn. To make things worse and add to my humiliation, company emails were flying around informing senior management that I would not be joining the team at the airport.

Even though I was told that I could not appeal the decision, the whole situation was not sitting well with me at all. I sat up all night and surfed the internet looking for answers, and a way I could turn a “NO you have not got the job”, to “Yes you have”. I ascertained that I needed to apply for a certificate of disregard from The Department for Transport. Within three days I put my case together and submitted it to DFT. I phoned them twice a week to make sure they had all the information that they required and regularly requested an update on my case. It took persistence, drive, focus and faith but, after 4 weeks, I received my Certificate of Disregard in the post!

I was over the moon and I felt like I had won an award! I immediately scanned the document and sent to my employer. It went very quiet for a few days and I waited patiently in anticipation. I received a phone call from my employer informing me that the job offer was reinstated and asking if I still wanted it!

My employer typed a supporting letter which I enclosed with the Certificate of Disregard and I applied for my airside pass, which I am proud to say was granted! I am still at the airport and have passed the highest level of security clearance. I wanted to share my story to inspire other people to fight for their rights and win through. Do not let anyone stand in the way of you and success. I could have simply accepted my employer’s decision and walked away. Instead, I decided to stand up and be counted.

I recently discovered that, due to amendments to the law in March 2014, my conviction is now spent. I would like to thank Debbie from Unlock for this valuable information as under the previous law it would have been five years. I am currently looking for an exciting new job opportunity.

So, thanks to Debbie and Unlock, I feel I can engage my higher self and acquire my desired new job without the threat of rejection and being treated differently to other people.

And remember, do not always take the word of other people, check out the facts for yourself and remember that nothing is impossible.

Disclosing to employers, dealing with rejection and being persistent

I’m currently on my way to London to give a training session on ‘disclosing criminal convictions to employers’. “Been there, done that” I think. It’s been almost three years to the day since I walked out of those prison gates – no job, middle-aged and back to living with my parents.

Wow – so much has changed. I’ve got a job I love, working with people with convictions, giving them advice on what and how to disclose their convictions. I’m renting my own house now and going on a holiday abroad next month for the first time in 8 years.

Sounds like I’ve had it easy. But I’ve been through the same as many of you reading this.

I left prison full of hope for the future. My personal officer told me that I’d been punished for my crime, and that I could now leave all that behind me and concentrate on the future. “You’ve still got the same skills you came into prison with and lot’s more besides” she said. She’s right. I’ve almost got a degree, courtesy of the Open University, and I’ve learnt 101 ways to use tinfoil courtesy of my cell mates (not sure that’s going to come in quite as handy!)

I had my first job interview 2 weeks after coming home. It went well. Small company, new offices and I immediately built up a good rapport with the interviewer. This job’s mine I thought. “Any other questions” the interviewer asked. I disclosed my conviction. He looked stunned and said “Why did you have to tell me that? You were without doubt the best person for the job but now I know about your conviction, you are too much of a risk”. I tried to explain that I didn’t see myself as a risk – “I see my probation officer every week, I don’t want to re-offend, I can’t afford to do anything wrong. I’ve learnt my lesson, paid the price ……..blah, blah, blah”. He was very kind but no job. He should be proud – it was the best rejection ever.

I lost count of the number of jobs I applied for – hundreds. Most didn’t answer at all, some told me I didn’t have enough experience and a few invited me for interviews. After that 1^st experience I didn’t disclose my criminal conviction at interview anymore, I and managed to secure 3 jobs. As soon as I got a job offer, I told them that I had a conviction – it was a specific condition of my licence that I had to disclose to employers. Of course, at that stage, the offer would be revoked.

I truly believed I was a positive person but boy, those rejections started to really knock my confidence. It was hard living back at home again but with no job I couldn’t afford to move out. As my self-confidence hit an all-time low, I applied to do some voluntary work with ex-offenders. After a great interview, great news – they wanted me. They thought I had lots to offer, I could be a real asset. They even said they may be able to offer me paid work at some time in the future.

I volunteered just one day a week but in that time, I began to get my self-belief back. I felt valued, I had a purpose in life again and it gave me the confidence to I throw myself once again in applying for paid work. Several months after release, I got a part-time paid job – working in retail. Never done it before but I was upbeat and decided that this would now be my future. I’d work hard, get promoted and that’s exactly what happened. I started to be offered more hours until part time became full time, I was then asked to go for promotion and got offered a supervisors role with the promise of a managers assessment after 6 months. I gained more knowledge, got more confident and then saw an advert for my current job.

I’ve never wanted to be defined by my time in prison but, it has had a massive impact on the person I am today. I always wanted to use this experience in a positive way and when I saw my current job being advertised I felt that potentially it could be my ‘dream job’.

Disclosing convictions is never easy, however many times you do it but the interviewers tried to put me at ease and I was as honest and upfront as I could be. After a long 2 week wait, the news I had been waiting for – success.

I’ve had good days and bad days in my search for employment. There is a lot of negativity about getting a job with a conviction but at the end of the day it only takes one person to give you a second chance and those people are out there. You certainly have to work harder to sell yourself and you will definitely hit some brick walls along the way. You might not be able to work in the field you did prior to conviction – look “outside the box”. This might be just the time to go into a new career, train in something new, set up your own business – the possibilities are endless.