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For people with criminal records

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I fought the big guys and won – getting a newspaper article removed

Having successfully applied to have links to her name removed from search engines such as Google and Bing, Lucy decided to make a request to the newspaper to have the source article taken down.

My conviction was 25 years ago but it had made the press and whilst it wasn’t that much of a big deal at the time, in the age of the internet, I soon found it to be a major problem. I found that I couldn’t apply for the jobs I wanted to because even though my conviction was spent, people could easily look me up on Google and see the press articles.

I considered changing my name but for me it wouldn’t have helped. If I’d had to have a criminal record check I would have needed to disclose my previous name and the reason for changing it. Employer’s or hiring staff would then be able to look me up and see everything.

For years I avoided the jobs I wanted and felt really down about it. It seemed so unfair that I was not able to move on properly with my life, knowing all the while that these articles were out there, lurking, just waiting to be found.

However, everything changed for me when I came across the Unlock website and a page about applying to Google to get links to your name removed. I read the page over and over and then set about filling out the request form, not just to Google but for several other search engines.

A couple of weeks later I was surprised to get a notification from Google, Bing and a few others agreeing to my request. I typed my name to test it out and sure enough nothing appeared.

A website was, however, still linking to the articles and when I contacted them to find out why, they explained that as they received their information upstream, they were unable to remove it; I’d have to go directly to the source (this was a national newspaper).

I wrote to the newspaper outlining my reasons for wanting the article removed and provided them with the correspondence from Google and Bing which confirmed their agreement to remove the links. The newspaper refused my request.

Feeling really deflated I contacted the Unlock helpline to find out whether there was anything else I could do. They advised me to make a complaint to the Information Commissioners Office (ICO).

This time the newspaper got their legal team involved but they still refused my request on the basis that the articles were still of significant interest to the public. They might have been trying to scare me but I felt empowered after all my research. I appealed their decision mentioning the Rehabilitation of Offenders Act and how I had a right to live a life free of being periodically stigmatised by their articles. I stated that the articles were no longer in the public interest, that they were irrelevant, excessive and they infringed my right to live as if I had not committed those crimes; I copied this letter to the ICO.

A week later and another email from the Head of Legal at the newspaper, they agreed to my request to take down the article.

How amazing is that! A David and Goliath situation and little me won!

I’m delighted that after so long I can apply for the jobs I want without worrying about being ‘Googled’. I didn’t have a clue that I could do anything about getting this article removed or where to begin but once I knew it was possible, I wasn’t going to give up.

By Lucy  (name changed to protect identity)

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Credit where credit’s due – opening a bank account with a fraud conviction

Despite struggling to open a basic account with two high-street banks because of her conviction for fraud, Janice found the answer to her problems in the shape of her local Credit Union.

I’d been in prison for almost 4 years when I became eligible to move to open conditions.  As anybody that’s been through the system knows, it’s at this point that you can start to go on town leave, go home for a couple of days each month to re-establish links with your family and get a paid job which will hopefully better prepare you for your release.

Everything about the open prison system is designed to set you up for the future and I hadn’t been there very long before I met my personal officer. We had long discussion about my future plans including what type of work I wanted to do upon release and what I could do whilst I was still in custody. He also asked me whether I had a bank account which my wages could be paid into.

As I’d been convicted of fraud, I wasn’t sure whether I’d still be able to access my existing bank account or whether it had been closed down. My personal officer explained to me that the prison had a link to a local bank and I’d easily be able to open an account there. He suggested that as there was some uncertainty around my existing account, this might be the best option for me.

A few days later an appointment had been made for me with the bank and off I went to fill in all the necessary paperwork. It didn’t take long for the bank to contact me and tell me that they were unable to open my account. They didn’t explain the reason for this and all my personal officer could tell me was

Sometimes that happens. It might be because they know you’re in prison for fraud.”

This was a bit of a blow and, as soon as I was able to go into town for a visit, I headed off to Metro Bank to try to open an account with them. I’d heard that this was a “new kind of bank” and that opening an account with them would be “simple and hassle free”. The application process was indeed simple and I was told that my current account card would be posted to me within the next couple of days.

Two weeks later and I still hadn’t received anything from the bank and so I called in to find out what was going on. The lady I spoke to couldn’t really help but told me that a letter had been sent to me. Sure enough, a couple of days later I received a letter from the bank informing me that they were unable to open an account as there was a CIFAS (Credit Industry Fraud Avoidance System) marker against my name. I’d never come across this before but I quickly realised that it was likely to cause a problem for me in the future.

I started to do some research as to other options open to me and discovered that I might have to try opening a managed account or get a prepaid card account. It looked like there might be some costs attached to these and that really put me off.

I continued with my research and before long found the details of my local Credit Union. I’d always thought that Credit Unions just offered savings accounts so I was surprised to see that they did in fact offer a current account which gave me a visa debit card and cash back rewards. There were no credit checks and apparently anybody could open an account irrespective of their financial history.

I downloaded the application form and within a week my account was set up and I’d received my visa card. I was a bit nervous about using the card the first time thinking it might not be accepted but there was absolutely no problem at all. The Credit Union account was a great option for me and I can’t recommend them highly enough.

By Janice (name changed to protect identity)

Comment from Unlock

Unlock worked for 9 years on a banking project to improve the accessibility to basic bank accounts for people in prison (or just released). However, as Janice’s case demonstrates there can still be barriers for people with fraud convictions who have to consider alternatives to high-street providers. The options available can vary significantly and we would always encourage anybody looking to go down this route to explore carefully what’s on offer.

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  • For practical information – More information can be found on banking on our information hub site
  • To discuss this issue with others – Read and share your experiences on our online forum.

Allow me to talk about my past and you might give me a better future

Having a criminal record can make it difficult to get into employment but as Ben has discovered, a diagnosis of PTSD makes it even more so.

I came out of prison after serving 3 months of a six-month sentence.

To give you some background to my conviction, I was sent home from military service with combat stress. The military tried to help me by putting me on a six-week treatment programme but after a week it was agreed that my symptoms were far too complex for them to treat and so the decision was taken to send me home. My head was all over the place and I just wanted to put my car through a brick wall and do away with myself.

I thought I might feel better if I were able to explain how I felt. Thinking it might be easier to talk to my wife over a drink, we headed off to a local pub. However, I ended up getting absolutely paralytic drunk and on the way home had a fantastic idea – I’d ring the police and tell them that I was planning on blowing up a local mosque.

When the police arrived at the phone box from which I’d made the call they came on masse – three patrol cars in all. I tried to explain how I was feeling and why I’d done what I’d done. They had to arrest me and I went along willingly; in a strange way I thought I might be able to get some help for my problems.

My case was heard at Crown Court where the prosecution agreed with my barrister that my motives were not racially motivated and that nothing would be served by sending me to prison. Both recommended that I have 1-1 counselling through the probation service. However, the judge stated that he had to make an example of me and so prison it was.

I did my time with no problems or complaints. It was a short sentence and I just kept my head down. Sadly I didn’t get any help or counselling and when I was released I was really in the same position as I’d been before I went to prison. The only difference was that nobody wanted to know me – so much for having served my time!!!

I found it incredibly difficult to get work and it feels like I’m constantly being punished for a stupid mistake I made just to try to get some help for myself.

I eventually manged to get some counselling and was diagnosed with PTSD. The treatment I’ve received has really helped me and I feel like I’m in a much better place.

Believing that I’d never be able to get a job I decided that the only option I had would be to work for myself. I decided to set up a photography business which I’m pleased to say is slowly getting off the ground.

I’ve been in touch with all the sports clubs in my local area, especially those which have kids teams (parents love photos of their off-spring in action). It’s important for me to show that I’m no risk to any of the children that I’m photographing and so whenever I’m asked, I’m happy to show clubs a copy of my enhanced DBS check. Inevitably, I’ll be asked about the time I spent in prison. I tell them why I did what I did and how I came to be in that position.

The majority of clubs I’ve spoken to have absolutely no issue with the fact that I’ve been in prison; they seem to be more concerned about the fact that I’ve been diagnosed with military PTSD – I’m sure they think that I’m some sort of axe wielding maniac.

I’ve never used my PTSD as an excuse for my behaviour. What I did was a cry for help and I’m sure that the PTSD led to the bad choices I made in seeking this.

I’ve embraced and engaged with the treatment that I’ve been offered and I’ve learnt coping mechanisms to help me deal with my triggers. In the same way that I’m happy to discuss my criminal record, I’d have no problem talking about my PTSD especially if it helped employers get a better understanding of it.

By Ben  (name changed to protect identity)

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Lets be inclusive not exclusive – a possible solution to re-offending

Andi is of the firm belief that inclusion is at the heart of preventing re-offending. Read how his own experiences have shaped his views.

I had a childhood that was plagued with crime, poverty, drugs, violence and adversity. This meant spending some time in care, school exclusion and heavy drugs use at an early age.

I was convicted and sentenced to 18 months YOI at 17, twenty months YOI at 19, four months at 21 and then two years as an adult at 22.

I have always worked in between these sentences and my offences were alcohol or substance misuse related. I got work through recruitment agencies and chose to never disclose my convictions. I believed that I would get the job first and prove that I was a hard worker, then if they found out, I’d explain that this was the reason why I didn’t disclose.

In 2007 whilst I was sweeping the floor in a warehouse I heard that the Leeds Youth Justice Service were looking for volunteers. I thought I might be good at working with kids like myself and help them avoid making similar choices and mistakes to me. I also felt it would help me achieve a career I thought I deserved.

As I was going to be working with kids and needed to have an enhanced DBS check, I disclosed my convictions. I explained that I had qualifications from prison but didn’t know how to put them to good use and I managed to convince them to let me volunteer with the service. This was the evidence I needed to show that I had the skills to turn my unfortunate life around.

Whilst volunteering, a temporary paid opportunity arose working as a support worker for a sport programme in partnership with a local rugby club. I was amazed when I discovered that my application had been successful and that I’d be paid to work with kids they said were ‘hard to reach’ when in fact they all seemed to hold their hands out to me.

Staff at Leeds YJS saw how well I worked with the kids and how we formed relationships based on trust; we spoke together, related to each other and perceived the world in a similar way. It wasn’t long before I was offered the chance to be a sessional worker; although this meant I didn’t have the security of a contract, it was a risk I was happy to take.

18 months later, a full time job became available and, confident that my skills and knowledge were commensurate with my colleagues, I applied and got the job. However, when it came to my contract of employment having to be drawn up by HR, they had some real concerns about my criminal record. My line manager was apparently told by HR

It’s a risk taking him on and, if anything goes wrong, you’ll have to pay the consequences”

Luckily my line manager knew me reasonably well and knew all about my criminal record. I’d managed to build up a good relationship with him and he was happy to fight my corner. I wouldn’t have blamed him if he’d chosen to turn his back on me; he had a mortgage to pay and a family to support and being told that it would be his fault if I messed up was unfair. It might have been too much for him and stopped him from giving me a chance.

However, he did take the risk and I’ve been working for the service for the last 12 years. I’ve become a specialist in my field and qualified in Youth Justice in 2013. I’ve created programme after programme that have supported children in desisting from offending and therefore reduced the number of potential victims. I’ve also written a book called “Your Honour Can I Tell You My Story?”

As people with convictions, we’re in a unique position to assist others to make better choices. However, due to the DBS process, we’re the least likely to obtain such positions. Lots of us are disadvantaged from the start of our lives. 25% of adults in prison were in care and up to 42% excluded from school.

Criminal records are a barrier, however a lack of education, gaps in employment history and an inability to articulate our stories without employers believing we are shirking responsibility are also barriers.

Inclusion is the heart beat of preventing re-offending so we must focus on this. We must find a way of better regulating the Rehabilitation of Offenders Act to ensure employers are not discriminating against people on the basis of their convictions. People with convictions have so much to offer and like me, will forever be grateful to the organisations that believed in us and recognised our strengths and not just the ‘risk’ we pose.

I believe living in a risk averse society is a significant factor in why our re-offending rates post custody for young people and adults are so high. Probation don’t always assist offenders in this area focusing instead on public protection. They often create further barriers by sharing risk information with employers when the individual chooses not to.

This is not strengths based and I don’t believe this is an approach that keeps the public safe. Yes we need to protect the public but each case is different. People that are seeking employment are trying to move away from offending. If I’m right, we are socially marginalising this particular group and increasing the risk of re-offending so an alternative approach is required for those upon release from custody with inclusion at it’s core.

By Andi

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Are you female and have a criminal record? We want to hear from you!

A criminal record can be a real obstacle in getting on in life. What we don’t know is whether women face additional barriers that men don’t.

 

 

Last year, we published a report (A life sentence for young people) that looked at the specific problems people face from criminal records they acquired in their youth. In July this year, we published a report (Double discrimination?) that focused on the impact of criminal records as perceived by people from black, Asian and minority ethnic backgrounds.

Now we want to understand the structural barriers women face in terms of their criminal record.

Although our focus is mainly on the issues that women have faced after they’ve received their criminal record, we’re also keen to identify any issues that might relate to earlier on in the process that had an impact later on in terms of the criminal record and its consequences.

We’re keen to hear from women with every type of criminal record – so whether you’ve been fined, spent time in prison, had a caution or spent time on probation, we want to hear from you about the problems your criminal record has caused for you.

We also want to hear from practitioners and organisations that have experience in this area.

Your answers will be treated in confidence and will directly inform our recommendations for structural and practical changes. These recommendations will be shared with people who have the power to make things better.

So what do we want to know?

We’ve put together an online survey for women with a criminal record – it should only take about 15 minutes, all responses will be confidential and no personal details shared externally. You can read our full privacy policy on our website.

You can fill out the online survey here.

There’s also an option to put your email address if you’re happy for us to contact you about your response.

We’re also keen to have contributions from practitioners and organisations that work with women. These can be emailed to policy@unlock.org.uk.

The survey will close at 5pm on Monday 30th September.

Thank you for your support.

More information

This work is part of our Unlocking Experience project.

‘Employers, if you want me to disclose my conviction, then please ask me the question’

Despite ticking the ‘Yes’ box which asked about convictions on an application form, Silvester wasn’t asked about them at interview and so did not disclose. Although he’d done nothing wrong, he was still dismissed when his criminal record came to light.

I’ve been out of prison for 18 months and still have another 2.5 years to go on licence.

In the past 18 months I’ve applied for over 700 jobs, getting to interview stage on only 6 of the applications, only to be rejected when I disclose my conviction (I was convicted of historical abuse claims dating back 39 years).

I recently applied for a job with an international company and disclosed my conviction during the online application process by ticking the ‘Yes’ box. I was invited to an interview and during this interview my disclosure wasn’t mentioned by the person conducting it. As I understand it, if the interviewer doesn’t raise the subject of criminal convictions you are not legally obliged to disclose. I assumed that as head office were aware then I didn’t have to do any more.

You can imagine my joy when a couple of hours later I was offered the job. I eagerly accepted after double checking with my probation officer and police offender manager that it was OK for me to accept. There were no concerns from either so I was looking forward to my start date which duly arrived.

I had to undertake 18 hours of online learning, covering health and safety, manual handling etc. There was a test after each module which you had to pass before moving on to the next one. This was carried out at home in my own time and I passed all the tests with an average pass mark of 98%.

I had been working for the company for nearly 4 weeks when my manager called me in to his office one day. He asked me if it was true that I had a criminal record. I replied that it was correct. He then asked why I hadn’t disclosed at interview and I told him that as he’d not asked me directly I didn’t have to disclose to him about the conviction. He asked me to go back to work only for him to call me back to the office a couple of hours later to inform me that after speaking to head office he would be suspending me on full pay pending further investigation. I informed him that head office were fully aware of my conviction and that I had not tried to hide anything.

A couple of days later I received an email from the HR department asking for my court papers and a copy of my licence conditions. I spoke to my probation officer, police offender manager and Unlock and they all told me that I should not give my employers this information – it wasn’t necessary or legally acceptable to ask. I contacted my manager and told him that my probation officer and police offender manager would be happy to speak to head office to confirm that they had no issues or concerns with my working at the company and they would confirm my conviction without disclosing any other information.

I passed on their contact details to head office and respectfully informed them that after seeking advice I was unable to supply them with the papers they had requested.

I was suspended for 3 weeks and finally received a text message from my manager asking me to attend a “meeting” the following week. I replied that it would be fine.

The day of the meeting arrived and I was feeling quite confident knowing that I had done nothing wrong. I arrived early and the manager came out on to the shop floor and asked me through to his office. I was greeted by a more senior manager from another store who told me that they would be conducting the meeting. My own manager would be taking notes of the conversation that would follow. It soon became clear that I was to be dismissed immediately on the ground of

Concerns for my safety and that of my fellow colleagues on the shop floor and to protect the company image”. In my humble opinion it is the latter statement that was the reason for my dismissal.”

It appears that someone who knew me had come in the store and had seen me while I was working and had telephoned head office to ask if they knew they had employed a sex offender. I was taken aback a little and again I was asked by the senior manager why I had not disclosed my conviction at the interview and again I explained that because the subject wasn’t raised I was not obliged to disclose. In all fairness to my manager, he did say at this stage that he was partly at fault for not asking the question about my conviction at the interview stage. He had a couple of hundred applications to go through in a short space of time and he had simply overlooked this question. I then emphasised the fact that I had not tried to hide my conviction and that head office had been made aware of it during the application process. The senior manager stated that:

Head office don’t always look closely at the application forms and my conviction had obviously gone unnoticed.”

It then transpired that the company had not approached either probation or the police for their input, they had made up their own minds that I was not suitable for the role.

I asked them what was the point of an online application form if no one looked at them and why no contact was made with probation or the police. The senior manager said they couldn’t explain that to me because they didn’t have the answer. I asked if I could appeal the decision to dismiss me and the answer was a very swift “No”. The meeting concluded and I was escorted off the premises.

To say I felt gutted is an understatement. I really thought that at last someone was willing to give me a chance to prove that I could be an asset to them. How wrong I was.

By Silvester (name changed to protect identity)

 

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It took prison to help get my gambling addiction under control

Gambling, like alcohol, is a legal vice; for most people, it doesn’t cause a problem. However, for some, gambling can become a destructive addiction that destroys their lives. That’s the experience that Max had. 

 

For the last 8 years of my life I have suffered with a serious gambling addiction. It started when I was just 19 and at university. I was so excited to be going to university and for me it was the start of a new chapter in my life, the start of an exciting future – to study sport and exercise science and become a teacher.  

Not long after starting uni, I made the fatal decision to go to a casino one night with friends. At that time, it was just a social thing and I couldn’t have predicted what would happen next. I can still picture that first time in the casino, flashing lights, pound signs everywhere and the feeling of excitement at the thought of winning some money. Sadly, I did win and without knowing it, I’d started to fall into a dark and dangerous trap. It seemed such as easy way to make money and, as a student, some easy money felt too good to be true – that’s just what it was.  

Skip forward several months and I’d joined multiple sports betting sites, betting on multiple sports every day, throwing away my student loan, lying to my parents and eventually dropping out of university. Luckily my family supported me and I was given a second chance by the university to complete my degree. I was confident that I’d put the gambling behind me.   

During the summer holidays I started speaking to a girl online; she actually lived just down the road from the university and was due to be starting there after the summer holidays. She was the most beautiful girl I’d ever set eyes on. I remember staring at her profile photos and thinking that she couldn’t possibly be real; that someone like me wouldn’t get to be with someone like her. When I eventually met her, it was love at first sight; the first and last time I’d ever felt like that. I started imagining a future with her, kids the lot.   

But it wasn’t long before I was gambling again even though I was the happiest guy ever with this amazing girl. Instead of spending time with her I’d be spending more and more time in the toilet on my phone gambling. I started to become more and more miserable around her, always wanting to drink after the stress of a big loss, cheating on her, telling constant lies – all because of my gambling.   

My behaviour eventually ruined her. I turned her into some sort of psycho with no trust whatsoever, to the point where even my parents hated her but, this was only because of who I’d made her, she was unrecognisable from the girl I first met and fell for.  

Aged 21 I’d broken up with my girlfriend and left university again but somehow managed to get myself a job as a teaching assistant. I was really excited that I’d been given this opportunity and kept telling myself how lucky I was that I could give up the gambling before I’d got in too deep. Less than a year later I started focusing on the gambling again, if I lost I got depressed and just wanted to stay in bed rather than go to work – no employer was going to put up with that so I was sacked. I was still lying to my parents about my work and I even used money from my grans will to gamble. I’ll never forget coming home one day with my mum screaming at me to stop gambling, all the time crying her eyes out.  

You’d have thought that would be enough to make me stop wouldn’t you but I just kept being given one chance after another. I managed to find myself a job as a supervisor in a souvenir shop, it wasn’t the best job but I was relatively happy, the money was OK and I got on well with all my work colleagues. I’d also got back in touch with some of my old school friends who I’d lost contact with. So life was relatively good at this point. But: 

I was still gambling and it was getting worse.  

I’d get paid in cash every Saturday and straight away I’d pay my wages into the bank on my lunch break, deposit it to my sports betting account and then I’d be in the stock room hiding behind cardboard boxes following the events that I’d just bet on. Most of the time I would have lost all my wages before my shift was even over. I used to go from being happy and excited to suddenly feeling sick . I would punch the boxes in the stockroom to get my anger out – it was that or cry.   

So, what happened next. Well today, I’m writing my story from a prison cell!!! I’ve received an 8-month sentence for fraud.  

I’d been given so many second chances and I blew them all but I knew after I’d been arrested and charged that I wasn’t going to be able to get out of this one. I couldn’t bear the thought that I was going to go to prison, and every night I’d go to bed crying my eyes out and writing in my head my last letter to my family.  I googled ways to commit suicide multiple times but the thing that stopped me was the hurt I was going to cause my family. I knew I couldn’t do it, couldn’t be that selfish. 

But, back to my cell. I’m about to start yet another job (a prison job this time) – another opportunity to turn my life around.  

I’ve been in prison about a month now and I’m the happiest, most confident and positive person in the world. I’ve been helped by an amazing book that I took out of the prison library to do with overcoming a gambling addiction, as well as a course that I’ve been doing since being here.  

I’m writing this today because for the first time I believe I am no longer addicted. Of course, it will be harder on the outside but I believe that thanks to prison I’ll be able to beat it. Prison is the best thing that’s happened to me. It saved my life and my family and I can’t wait to prove all of this to anyone who doubts me.  

I’m looking forward to the future. I’m dreaming and believing again. I believe I will have a dream job –  maybe as some kind of support worker. I believe I will find that ONE amazing woman with whom I can have children. I’ve got a wonderful family and I know that not everybody is as lucky as I am, so I hope that my story will help others before it’s too late. I was told by the police officer that arrested me that my gambling addiction was one of the worst she’d seen so if I can beat this then I promise you, anybody can.   

By Max (name changed to protect identity)

 

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Google, you know my name but don’t judge me when you don’t know my story

Having overcome the impact of his criminal record from 25 years ago, Nick was devastated to find that links to his name (and his conviction) had been made available on an internet archive site. Read about his efforts to get the links to his name removed.

 

 

25 years ago I received a conviction which resulted in a 3 line article in a local newspaper. 

The conviction resulted in a community order which I completed as soon as I could and since then, I’ve worked hard and done well career wise. As it was so long ago, very few people other than my immediate family know about it and I’m sure that many who know me now would be shocked to learn that I have a criminal record.  

I was therefore horrified to discover last year that these 3 lines of print had suddenly reappeared online on an internet archive site.  

Like a lot of people with a criminal record, the experiences you’ve had never quite leave you and I became totally stressed out about the consequences of this becoming known to family, friends and colleagues. I have a very unique surname and I knew that if anybody googled me, then this article would come up straightaway.  

I didn’t believe that my conviction was ‘still of public interest’ and I started to hope that it might fall under the category of “right to be forgotten”. I did a lot of research and eventually discovered that I could apply to Google to have the links to my name removed which I did.  

Google came back to me very quickly, to tell me that in their opinion, my story was still in the public interest. I was distraught, not least because the article relating to me was now even nearer the top of page 1 in the google search.  

I was sure that if my employers found the article (or somebody told them about it) then they’d dismiss me immediately, just on the grounds of reputational harm. As much as I told myself this wouldn’t happen, the effect it was having on my mental health was frightening. I couldn’t believe that a private company like Google could take it upon themselves to be the ‘judge and jury’ of what constitutes public interest.  

I started to investigate the cost of involving a solicitor but found that they often couldn’t give me any idea of my chances of success but wanted to charge me an exhorbitant amount of money. One really helpful company that I spoke to suggested that I could try making a complaint to the Information Commissioners Office (ICO) which is what I did next.  

As I waited for a response from the ICO, I started to think back to when I’d originally applied for my job. I couldn’t remember whether I’d been asked about my conviction but if I had, I knew that I hadn’t disclosed it. I was worried that it might have been unspent at that time and that I should have told my boss. Further anxiety followed until I found out for sure that my conviction had been spent when I’d applied for my job and so I’d done nothing wrong in not disclosing. 

It took the ICO quite a while to get back to me – they seem very busy dealing with similar cases to my own. However, I eventually got the news I wanted, the ICO had found in my favour and asked Google to de-list the search results. The following day I received an email from Google telling me that they’d  

Reviewed my case and would de-list the search results in the UK and EU”

I’m delighted with the result but can’t believe that 25 years on I’ve had to deal with this all over again. I worry that individuals being convicted now are so exposed to the internet and social media and that companies carry out google searches as a way of informally checking someone’s record.  

At the time that I was seeking help, I was worried that I was going to loose my job so I was careful about every pound I spent. Some of the solicitors I spoke to were giving me quotes of £5,000 to deal with my case with very little certainty that they’d get any kind of result; this just wasn’t financially viable for me.  However, as my story demonstrates, you don’t need a solicitor to help you, with a bit of time and patience you can do it yourself. My advice to anybody affected like this is to apply to Google and if that doesn’t get a positive result take it to the ICO.   

By Nick (name changed to protect identity)

 

Comment from Unlock

In April 2018 the High Court ruled on two cases involving individuals with spent convictions that brought claims against Google for refusing to de-list search engine results.

If an application you’ve made to Google has been refused then there are possible legal remedies – further information can be found here.

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Travelling to Thailand with a criminal record – You just Thai and stop me!

Although Albert had visited Thailand many times since his conviction, research on the internet convinced him that changes in immigration policy would make it impossible for him to visit again.

 

Approximately 35 years ago I was convicted of a sexual offence and received a suspended prison sentence. The details of the offence are not really relevant to the story and I’m mindful that when you put something in writing it can look as though you’re trying to minimise what happened – I don’t want to do that. All I will say is that my life now is very, very different to how it was at the time of my conviction.

I’ve been married to my second wife for over 25 years and although she’s originally from Thailand, she’d been living and working in the UK for several years when I met her. I told her all about my conviction as soon as I realised that things were getting serious between us and thankfully, she understood that it was a one-off incident which still caused me tremendous shame and guilt.

My wife and my grown-up children from my first marriage get on extremely well and so my wife booked a holiday for all of us to visit her family in Thailand. My wife and I have visited the country many times since we married, the last time was in 2015, and I’ve never had any problems. However, since she’d booked the holiday, I started to read lots of articles online about how Thai Border Control had invested in new high-tech equipment just so they could keep sex offenders out of the country.

The more I read, the more worried I became. I’d convinced myself that I’d be stopped by immigration as soon as I landed and would be immediately deported back to the UK; this would be devastating for my wife and children. The worry was with me constantly; I wasn’t sleeping or eating, and I felt sick all the time. My anxiety was compounded by the fact that I’d never told my children about my conviction – as it had happened when they were just babies, it was something I didn’t think I needed to tell them.

My wife kept asking me what was wrong, but I didn’t have the courage to tell her about the tough new laws in Thailand. She was looking forward to seeing her family so much and we’d saved so hard for all the family to travel. I couldn’t bear for my family to see me being carted off by immigration after I’d had my face scanned and fingerprints taken and I started to think that I’d just have to make some excuse and stay at home whilst my wife and children travelled on their own.

I decided to have one last look online before I told my family that I couldn’t go with them, when I came across a helpline for people with convictions and decided to give them a ring. A wonderful guy listened to me and eventually said:

No need to panic, the situation’s the same as the last time you visited”.

He told me that I didn’t need a visa to travel to Thailand if I was going to stay for less than 30 days. He told me that what I’d read online about people being deported generally related to those who were on the Sex Offenders Register and who’d had their passports flagged by the police. As my conviction was prior to the introduction of the register and as I didn’t need to inform the police of my intention to travel, there was no way that any flag would be put on my passport. Therefore, nobody in either the UK or Thailand would be aware of my criminal record.

I can’t tell you the difference this information has made to my life and I’m so excited about my trip. However, I’m so sad that as a result of these tough new immigration rules, so many people will think twice about visiting ( or indeed be denied entry to) a country which has some breath-taking islands with wonderful beaches, great food and amazing festivals.

By Albert (name changed to protect identity)

 

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The smartest thing I’ve learnt since my conviction is that I don’t need a man to be successful

Lisa is the first to admit that although she didn’t set out to break the law herself, she was happy to turn a blind eye to what her husband was involved in. Her time in prison made her realise that she was a stronger person than she’d thought she was and, her success has been even sweeter because she’s achieved it on her own.

 

When I left school at the age of 18, I suppose I would have been described as a bit ‘geeky’ or naive. I’d never had a boyfriend, didn’t smoke or drink and thought ‘weed’ was just something that grew in the garden.

Although I’d taken a few GCE’s, I hadn’t thought about going to college or university. I just wanted a job to tied me over until I got married and had babies.

My lack of experience with men meant that I fell for the first guy I met. He was an insurance broker at the company where I was a secretary. We were married after 6 months and had two children within 3 years. Had we taken longer to get to know each other we would have realised that we weren’t that well suited; neither of us were happy in the marriage and before long the verbal and physical abuse started.

It took me a while to pluck up the courage to leave but I did, taking my children to live with my parents. Over the next few years, I had a succession of relationships with unsuitable men; one was an alcoholic, one was married and one constantly cheated on me and was always borrowing money he never paid back.

Then around 2002, I met Ian. He was nothing like anybody I’d ever met – kind, considerate, a non-smoker and teetotal. He had his own business, own house, brand new car and he spoilt me and the kids rotten.

When he asked me to marry him and the children and I moved in with him, I thought I’d met my sole-mate. Before long, I started working with him in his property business – it seemed a sensible thing to do; I wanted to earn my own money and he wanted a business partner.

It was only after I’d started working with him that I realised that some of his business dealings were not as ethical or legal as they should be. When I challenged him about them he convinced me that there were loopholes in the law which all businesses benefited from. If I’m honest, I knew what he was doing was wrong but life was good and I didn’t want to rock the boat.

When he set up another company solely in my name, I thought it was odd but he convinced me that it was just for tax purposes. What he meant was – it was a tax dodge.

I won’t go into too much detail but needless to say, it didn’t end well. Ian (and I) had become part of a huge fraud, Ian was a totally willing participant and although I didn’t know what was going on, I can’t say that I was an innocent bystander. I chose to ignore the warning signs for the sake of a good life.

When the case got to court, we both received long prison sentences (8 years each). The final day in court was the last time I saw Ian; as far as I was concerned I was done with men, I had no plans to get involved with one ever again.

Whilst I was in prison I was left in no doubt that finding work with a fraud conviction would be difficult. I took advantage of every employability course I could and signed up for self-employment and business funding programmes. During the last year of my prison sentence I was able to go to an open prison and I got myself an admin job working for a media company. Sadly it wasn’t something that I was able to continue with on release as it was too far from home.

As it got nearer to my release date I concentrated on building up a network of contacts. They all knew my background and the work I’d been doing both inside the prison and out. I sent my CV to as many of these contacts as I could, confident that I stood more chance of getting a job with one of these than an employer who knew nothing about me.

I’m pleased to say that the time and effort paid off and I was invited to four or five interviews which resulted in two job offers which I had to choose between. The job I picked didn’t pay the most but on balance, I thought it had better career prospects and would also give me the opportunity to utilise some of the marketing skills I’d learnt at the media company. That’s a complete change of mindset to how I’d been prior to prison; previously I’d definitely have gone for the job with the most money but after living on £10 a week your priorities do change.

In the short time I’ve been working, I’ve been given a promotion and a small pay rise and, at my recent appraisal, it was agreed that my employer would fund a marketing course for me. I really feel that I’m making a valuable contribution to my employer’s business and my ideas and suggestions are really taken seriously. Life’s better than it’s ever been before and importantly, I’ve achieved it without any help from a man.

By Lisa (name changed to protect identity)

 

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