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For people with criminal records
For people with criminal records

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Is it too much to expect a life without stigma following a criminal record?

Despite serving his 6-month custodial sentence, Alistair feels that the prejudice and stigma he continues to experience will be a life sentence.

 

Prior to finding myself on the wrong side of the law, I was a highly skilled, tax-paying member of society.

On release from prison in August 2014, I knew life was going to be hard, but I had no idea it would be this hard. The prejudice, stigma and ignorance I kind of expected, however, the lack of structure, support or framework to get skilled people back into work has been the most surprising part of the journey so far. I don’t expect help or to have things handed to me on a plate. However, when I see the money and support offered to chronic offenders and I then compare that to the support I’ve received, I cannot help but wonder why more help is not provided to try and get people who are highly employable, skilled and passionate back into work? Arguably I should be easier to help get back into work, however perhaps that’s why I’m slipping through the cracks?

There is still a huge problem with how ex-offenders are perceived by hiring managers and also with the support services available to help people with my skill-set re-join the workforce.

Five years ago I was found guilty of domestic assault (in relation to allegations that had apparently occurred years before this). It was my word against his, and the law found in his favour, in spite of a lack of evidence. While I still maintain my innocence, I have come to terms now with the fact that it is what it is. I spent 6 months in prison. I lost my high-powered job of over ten years – I was dismissed on the grounds of misconduct. I daresay I would have lost my job anyway, however something inside me thought I might not. I think it’s called hope? My good pay and comfortable pension were gone. My house was gone. My belongings had to be sold. Any savings I had were quickly eaten up to pay legal fees and I accrued thousands of pounds worth of debt to try and make sure I could afford my legal representation. Everything I had worked for was gone the only things I kept were my family and now ex-partner who have all stood beside me throughout. I’m not saying this for sympathy at all, I’m just trying to understand the facts as I see them.

Whilst I was in prison I was disappointed to discover that there was one Citizen’s Advice officer for the biggest prison in Scotland. She worked part-time – one day per week for a couple of hours. I had to ask to see her more times than I care to remember. I eventually got to see her, over three months in to my sentence. I asked her for advice on how to manage my debt on leaving prison. She was clearly overworked, underpaid and too stretched to help me. I had one cursory appointment at the CAB which bore no fruit whatsoever. I received no careers or job advice the whole time I was inside – nothing. I saw the housing officer one week before I was due to be released. His only advice was that I would have to enlist at a homeless hostel on my release. My mental health was at a low and has suffered severely since. I was on prescription medication, I was vulnerable and for the most part, alone other than my friends and family.

For the most part, the answers I needed could not be provided by the services currently on offer by the Scottish Prison Service. I wasn’t under 25 years old, alcoholic, a drug addict or homeless. I wasn’t a priority case for any sort of peer work, education support or indeed any support whatsoever while I was in prison and this has very much been the case since my release. I understand about re-offending rates and trying to assuage the risks of that happening amongst people classed as chronic offenders. However, the support on offer in Scotland is entirely weighted towards this section of ex-offenders. As far as I can see, there is no consideration or thought, programmes, services or support, either in the public or private sector, to help skilled workers re-join the workforce on departure from prison. The funding available to charities is predicted towards giving support to the aforementioned categories of offender. No links between the job centre and big organisations who might be interested in my skill-set. This meant I had to rely on myself, my own abilities and strengths to try and find a job however, once I found one, I realised that a new battle was just beginning that of endemic prejudice about people with criminal records.

Three months after leaving prison I secured a job conducting clinical trials. The salary was less than half of my old job but I was so pleased to be back in work. I disclosed my criminal record at interview and was overjoyed when they hired me in spite of it. I stayed for nearly a year and thought my life was back on track.

A vacancy arose at an employment law consultancy and I thought I’d apply. I got a phone interview and disclosed that I had an unspent conviction. I was asked to disclose this to the hiring manager at interview and when I did, again it made no difference and I was offered the job.

However, a couple of months into the job I was asked to attend a meeting with HR and told that I’d lied at interview and not disclosed my criminal record. I had a voicemail from the recruitment manager which proved they were fully aware of the conviction and that I had fully disclosed. However, I was sacked on the spot. The minute people hear that you have a criminal record they don’t want to hear the nuances and explanations. The doors just close.

Criminal records are person specific, incredibly nuanced and complex and if you’re having to constantly justify your character to someone who is not willing to take any of that into account, then you will forever be fighting a losing and depressing battle.

By Alistair (name changed to protect identity)

 

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Disclosing convictions received during my employment

After receiving two convictions in a short space of time, Deena was anxious about having to explain them to her current employer. Having been employed for 5 years, she didn’t for one minute consider not disclosing and in this case, the result was positive.

I’d worked for my employer for over 5 years. I’d had regular DBS checks which always came back ‘clean’ and assumed that would continue to be the case.

However, for reasons I won’t go into now, things really changed for me in 2018 and I received a couple of convictions over the course of eight months. As I work in a school (probably one of the most risk averse sectors there can be), I’ve had to disclose these to my employer – however, what happened after that may surprise you.

My first run in with the law came at the end of December 2017 when I’d just driven my ex-partner back to his house. I was really tired and if I’m honest, driving on auto-pilot. As I looked in my mirror, I realised that there was a police car right behind me and so I put my foot down (absolutely not a sensible thing to do). When I did eventually stop, I was arrested and charged with dangerous driving and failing to stop. When I went into work the next day I asked to speak to my manager and told her what had happened. I explained that I’d probably end up being disqualified from driving but this wouldn’t affect my ability to do my job. My manager thanked me for informing her and told me to keep her updated of the situation.

As expected, when I went to court in July 2018, I was disqualified from driving for 18 months. However, I also receive a suspended sentence. When I told my manager the news she was more worried about how I was coping with the unexpected suspended sentence rather than being concerned with the impact of my conviction on the school. So, I continued to work.

Then during the school summer holidays, I was arrested for harassment. My court date was set for mid-August and I was pretty sure that I wouldn’t be walking out of court that day; after all I had a suspended sentence hanging over me. I’d given my mum my employers contact details and told her to ring the school immediately she knew what my sentence was.

My guardian angel must have been looking after me that day because a further 4 weeks was added onto my suspended sentence and I got a 2 year restraining order.

There wasn’t any media interest in my case so I guess I could have just returned to work and said nothing but, given the support I’d had in the past by my employers, that just didn’t seem the right thing to do.

Returning to work in September was nerve-racking. I knew it was more than likely that I’d be dismissed but I wanted the chance to explain what had happened. I felt sick as I walked into my manager’s office and, as I started to talk, my mouth completely dried up. Somehow I managed to explain what had happened as well as reassuring her that I would never get into any trouble again. I’d realised how important my work was to me and how many people I’d let down.

The result – I’m still employed with the school.

I don’t know whether they would have found out about my conviction if I hadn’t told them but I didn’t want the stress or worry of constantly looking over my shoulder. I’d worked really hard in the time I’d been at the school, was considered a loyal member of staff and made some really good friends – it would have been terrible if I’d been dismissed because I’d not disclosed my criminal record and been escorted off the premises. I would have lost so much more than just my job.

It was nobody’s fault but my own that I’d received a criminal record and it’s important to recognise that and take ownership of it. The decision to disclose obviously worked out well for me but, even if I’d been sacked I wouldn’t have regretted doing what I did.

By Deena (name changed to protect identity)

 

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Has ‘Ban the Box’ turned a job interview into another courtroom?

Many people with an unspent conviction will welcome an organisation removing the box asking about criminal convictions from their application forms. However, Noah feels that for individuals with more complex criminal records, there may be some unintended consequences of doing so unless employers make other changes too.

 

 

For anybody that doesn’t know, ‘Ban the Box’ is an initiative that encourages businesses to stop asking ‘Do you have any criminal convictions?’ and including a tick box on their application forms. This box makes it far too easy for employers to immediately bin job applicants that have a criminal record, even if minor or long ago. Ban the Box means each applicant can be evaluated as an individual, on merit, rather than immediately dismissed as an ex-offender. For many, this works well. Those who have convictions from the distant past may find them easier to explain in a job interview than on a form, and can explain the circumstances. However,for others, Ban the Box can make a job interview feel like a courtroom.

For someone with a clear, linear narrative, Ban the Box can work really well. For example:

There was a time in my youth where I ran with the wrong crowd and got into some trouble. I did some time in prison for burglary. It was a stupid thing to do and I’ve long since moved on from it.”

You can see how an employer will view this disclosure – it’s an offence from a long time ago, the individual made some mistakes, learned from them and has had a ‘clean’ record since then.

How about:

I’ve been in and out of prison over the last eight years, mainly for crimes associated with a drug habit. I’ve been clean for six months, thanks to a drug rehab programme. I’ve completely turned my life around.”

An employer in this situation will need to make an assessment of the person’s recovery and their criminal record, and decide whether a ‘career criminal’ with a previous drug problem will make a positive contribution to their business or whether they will damage their brand. However the criminal behaviour is clearly linked to a behaviour that the person is now being treated for. This can reassure an employer.

Those with a more complicated history can present a more difficult situation for an employer to judge. Some offences are relatively minor and may result in a fine or community order but are nonetheless socially unacceptable, for example racially aggravated harassment or animal cruelty. These behaviours can be difficult to explain, even if they were a long time ago. Those convicted of murder, or sexual or terrorism offences can struggle to create a relatable narrative around their offence.

This often means that ex-offenders with difficult histories are faced with the humiliation of attending job interviews where their offences are examined and judged, only to be rejected at a later date. Some employers have banned the box but still operate blanket bans on some conviction types. Some larger employers leave decisions to local managers and this can result in conflicting decisions between sites. Sometimes interviewers are not the ones making a decision – a person might be recommended for the job having disclosed their criminal record, only to be rejected by HR at a later stage.

At least in the courtroom, the accused has legal representation and the rule of law guides any decision taken by a judge. In a job interview, an employer will make a decision based on their personal interpretation of the applicant’s narrative. Therefore, the unintended consequence of Ban the Box is sentencing ex-offenders with difficult conviction histories to a lifetime of job interview humiliation.

By Noah (name changed to protect identity)

 

A comment from Unlock

Employment can dramatically reduce re-offending rates and contribute to a safer society, yet – over 5 years since the launch of the Ban the Box – three-quarters of employers continue to ask about criminal records at application stage.

We think it’s difficult to justify collecting this data at such an early stage, and encourage the government to find ways to put Ban the Box on a statutory footing. However, that’s not the end of the story. As Noah describes, those with an unspent conviction will usually be asked to disclose at some stage – usually at interview. We don’t have reliable data on whether applicants with convictions are more likely to succeed if disclosing in interview, but asking later in the process allows an applicant to be judged on merit first.

Disclosing in interview can be daunting, particularly for those who don’t have a clear, linear explanation for their conviction/s. There are a few things employers can do to manage the process better.

  1. Be upfront – If you operate a blanket ban on conviction types, let applicants know this before they apply. Nobody wants to get their hopes up, send off a CV and plan their disclosure only to be told ‘sorry, we don’t take XXX’.
  2. Focus on what’s relevant – Employers should consider whether asking about criminal records is necessary and if so, what convictions are relevant to the role. Some employers do this well: we know of a financial services company that asks only about theft, fraud or other finance related convictions. Another has a blanket ban on offences against children but don’t ask about any other offences. This is a positive step, but employers who take this approach must have a clear policy and follow it. A DBS check will reveal convictions of any category. If you decide only financial convictions are relevant, you must ensure you ignore other conviction types when making decisions.
  3. Only ask the preferred candidate/s – Once a person has been selected on merit, there is no question that they are the best person for the job. Asking about criminal records at offer stage means employers can be really clear about what is driving their decision. Sometimes this will mean the preferred candidate will be rejected because their criminal record really does make them unsuitable for the role. More often, it will mean that a skilled and qualified candidate is considered holistically and fairly, and employers won’t miss out on someone who has a past, but also has potential.

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New ‘Opportunities’ page

We know that getting a paid or voluntary role can be really important in helping people to turn their lives around if they have a criminal record and, although it doesn’t always seem like it, there are lots of organisations that look to proactively recruit people with convictions.

As part of our work to raise awareness of these opportunities, we’ve introduced a new ‘Opportunities’ page to theRecord. This will include details of paid jobs, volunteering roles and other opportunities. Some of these will be featured because organisations have got in touch and asked us to include them, whilst others are ones that we’ve become aware of during the course of our work. The comment theme is that they are specific opportunities that are specifically looking to reach people with criminal records. Some of the opportunities will be with organisations that may be well known for recruiting people with a criminal record; others may surprise you.

We’re keen to hear what you think about the new page, so let us know by using our feedback form or emailing us at therecord@unlock.org.uk. And if you know of an opportunity that you think should be included, do let us know.

Living and working in China after asking the police to delete my cautions

Niall’s cautions had never really caused him too many problems until he wanted to live and work in China. He’d often wondered whether he’d been given the best advice by his solicitor after accepting the cautions and took the decision to apply to the police to have them deleted.

 

Although I’ll admit that I’d had a bit of a troubled past in my youth, I’d always felt that the four cautions I had on my criminal record shouldn’t have been there. They’d never really caused me too many problems until I tried applying for a visa to travel to China and then I realised that as far as travel was concerned, they were likely to be a huge problem. I realised that I’d need to apply to the police and make a request to have my cautions removed from the Police National Computer.

At this point, it’s probably useful to give you a bit of background about the cautions:

Caution 1 – This caution was for assault and happened when I was 15 years old and accidentally shot my friend in the face with a BB gun. There was no malice intended and my friend and I remain close to this day.

Cautions 2 and 3 – Both of these cautions were for criminal damage. The first was when I was with a friend who started a fire. We both received a caution even though there was no proof that I’d done anything wrong. The second caution came about after I accidentally set fire to my own garage whilst smoking a cigarette. My mother was happy to confirm in a letter to the police that the incident hadn’t incurred any considerable costs and she explained that at the time she’d explicitly told the police that she didn’t want me to be charged with anything, it was an accident.

Caution 4 – I was having an argument with my girlfriend when a passer-by wrongly assumed that I’d assaulted her and contacted the police. At the police station, I was advised by the duty solicitor to accept the caution for battery as it meant that I wouldn’t have to go to court and potentially receive a conviction. As I’d only been going out with the girl for a short period of time I really didn’t know what she was likely to say to the police and, as the relationship was extremely toxic, I felt there was every chance that she would lie. When I accepted the caution I was told that it would not appear on any criminal record check in the future.

When I was in the process of applying for my Chinese work visa, I contacted the girl concerned telling her about the problems that I was having. She agreed to write a statement explaining the events and absolving me of any wrongdoing. She offered to be interviewed by the police if they felt that it was necessary.

I read everything I could about how I could apply to get my cautions deleted and then set about gathering as much evidence as I could to explain my innocence. I then sent all the evidence, together with details of each caution to the ACRO Criminal Records Office.

With regard to caution 4, I applied for deletion on the grounds that improper advice and information was given to me at the time. Both the police and my solicitor had been aware that due to changes in legislation, my caution would remain on the PNC until I reached 100 years of age. However, they still urged me to accept it. If I’d known the consequences, I may have chosen to take a different course of action.

Having sent my letter and evidence to the Criminal Records Office, I was delighted to be told that my application had been successful and the four cautions were going to be removed. I was over the moon when I received my first totally blank DBS certificate.

After that, getting my work visa was much easier and I’m writing this article whilst living and working in China.

By Niall (name changed to protect identity)

 

Comment from Unlock

You have the right to ask the police to remove information under the Data Protection Act 2018 and the GDPR’s Right to Erasure. Generally however, the police will only remove cautions in exceptional circumstances and we’re delighted to see that having reviewed the evidence provided by Niall, they have taken the view that his cautions should be deleted.

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Although my conviction can be filtered, 11 years seems a very long time to wait

As a victim of domestic abuse, Stephanie assumed that when she rang for help, the police would rescue her from her perpetrator. Instead, she ended up with a conviction which will stay on her enhanced DBS certificate for 11 years.

 

 

 

Back in 2015, I attended a colleagues surprise 40th birthday party. I didn’t go out that often without my boyfriend and was excited to spend time with good friends and to celebrate with them. There was good wine and lots of interesting dance moves and myself and my good friend continued the night out in town after the party finished. We headed home around 12 and I fell straight to sleep as soon as I got in.

At around 5am I woke to a huge bang on the front door. I went downstairs confused and half asleep. When I opened the door, I was hit with a barrage of aggressive name calling and accusations. It was my boyfriend. I tried to diffuse the situation but was assaulted in an unprovoked attack by someone I trusted, loved and had spent 2 years with. He repeatedly hit me around the head and when I tried to escape, he pulled me back through the door and threw me to the ground. He continued to berate me and smashed my phone. At that point, I knew I had to get out of the house and get as far away as I could. I’d managed to call 999 from my landline and left the line open in the hope that the police were able to hear the shouting and send help.

What was only a few minutes felt like forever; I was so frightened. I didn’t know what he would do next. He went into the kitchen and I took my chance to grab my keys and run. I got into my car and drove. As I turned out of my road, the police drove past me and I manically waved at them trying to let them know it was me who needed help. I was so panicked and confused I continued to drive. Less than a mile from my house I saw blue lights behind me and pulled over. I was shaking and crying, wearing my pyjamas and no shoes.

I can’t begin to explain how surprised I was when instead of asking me about the assault, the police chose to breathalyse me, even though I’d already told them that I would probably be over the limit. I was arrested, taken to the police station and held in a cell for around 6 hours. After having my photograph and fingerprints taken and being interviewed by the police, I no longer felt like a victim of domestic violence but a criminal. The policeman interviewing me told me:

You’ll lose your licence for sure

He gave me very little support in regard to the assault that I’d just gone through. The emphasis was much more about my drink driving. The policeman made me feel as though everything was my fault and I didn’t feel able to press charges against my boyfriend.

Fortunately, I had a good friend who advised me to get a solicitor. This allowed me to get a second hearing for my court case where I was able to argue that there were extenuating circumstances for driving my car whilst still over the limit. I’d never been in trouble with the police before and my driving licence was clean. I was given an absolute discharge as the court agreed that had it not been for my boyfriend assaulting me that day, I would never have driven my car.

My happiness was short lived however when I was made aware that my absolute discharge would still appear on my enhanced DBS certificate.

Nearly four years on, I’ve already had to disclose my criminal record a number of times. Initially to my employer to let them know that my DBS certificate had changed; twice to future employers and soon I’ll be disclosing it again for a volunteering position I want to do. As I work with children and vulnerable young people, I always have an enhanced check so always have to disclose. Every time I feel shame, guilt and anxiety about re-telling the event that led to my criminal record. The thought of having to wait another 7 years until my conviction is filtered makes me feel sad and angry at the system.

By Stephanie (name changed to protect identity)

 

A comment from Unlock

The Rehabilitation of Offenders Act doesn’t class an absolute discharge as a conviction and it becomes spent immediately. However, for filtering purposes it is dealt with as a conviction and will therefore appear on standard and enhanced DBS checks. If Stephanie had been charged with more than one offence and her absolute discharge included two counts, then it would never be eligible for filtering. It’s clear to see from this example why the current filtering system isn’t working and needs changing.

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Prison to parenthood

With the forthcoming launch of his Prison to Parenthood project, David explains how his own experiences with alcohol and the family court led him to set up this new pilot scheme.

 

2018 was the strangest year I’ve known. It began in a prison cell with all the usual, well intended resolutions that this year would be different and to be fair, it has certainly been that. The year ended with me assisting self-representing fathers in the family court and launching the Prison to Parenthood project in prisons. The journey has not just been emotional and full of ups and downs, it has been life changing. The past 12 months have changed me, changed how I see life.

I’m an alcoholic with the most adorable 3-year old child. The person I am in drink does not in any way resemble the person I am sober. As a drunk I am above the law. I’m smarter than everyone else, I believe in shortcuts and have no care nor thought for the consequences of my behaviour on the people I’m close to.

Whilst I was in prison I was detoxified and fortunate enough to be given a place on the drug and alcohol wing. It took 3 attempts but I’ve been sober for almost a year now. My marriage ended in 2017 and my relapse to alcohol was severe. Two bottles of brandy and ten pints of strong ale per day was the norm. I yearned to be sober again and have the relationship with my young son that I had been deprived of. I genuinely believed that if I could see him, I would stay sober. In prison I was repeatedly told that it was a priority to repair the damage I’d done to my mind and body, to recognise the effects of my actions on my family and only then could I embark upon a journey to be reunited with my son.

When I was released from prison, I started the family court process with an application for contact with my son. Legal aid is not available any longer for family court cases save for parties who are victims of domestic violence. This was a journey I had to travel alone, and I had to learn a lot of law if I was going to succeed. Before I sat down with books, papers, my computer and a printer, I remember thinking of the task ahead. I was an alcoholic father with a history of assault, and I expected a District Judge to give me safe contact with my son rather than siding with the opposing argument of my son’s mother who by now had moved on to a new partner and introduced my son to him as a new “daddy”.

I discussed the emotional issues I had with my key worker and to this day I have no idea where the clarity in my thinking had come from. What people said or thought, the social media assassinations, their opinions and their bitterness had previously served to initiate a relapse to alcohol.  This time that didn’t happen. I learned that if I turned my life around and continued on the path to recovery then I would be the best version of myself and any judge in the land would surely be able to see that.

This was a whole new thought process for me. I completed many courses to help in my recovery and address my offending behaviour. I had a blind faith that if I did the right thing then my son and I would be reunited. It required patience, effort and thinking before I acted.

The journey through the family court and recovery ran parallel to each other. The more I recovered, the more confidence I gained in legal matters. Halfway through my court case friends and others asked me to help represent them in their cases. I duly obliged. Up until now I have assisted in over 10 cases and currently, I’m too busy to take on any more.

After 8 hearings and with a lot of tears and self-doubt, I “won” in the family court. There was a small moment of smug joy as I walked out of court. It was short-lived however because I was aware that my role was about to recommence and I needed to focus on that. At the end of October my dream which had seemed a million miles away happened. I made it happen. I did it the right way. Playing the long game has served me well and I now have regular contact with my lad and we have an amazing relationship again.

As I lay in bed one night it didn’t sit comfortably with me that there were other parents imprisoned who were in a similar position to the one I’d been in. People who are sadly addicted to a substance and, as a result have lost contact with their children and resorted to a life of crime because they could see no other way out. I tried to find the tenuous link in my head and then it hit me that addiction, reoffending and family ties are all big problem areas in the criminal justice system. I remembered blaming everyone else for the state my life was in but now recognised that only I could change that. Out of nowhere, the Prison to Parenthood project was born.

The purpose of Prison to Parenthood is to offer hope to parents in prison that if they can recognise the importance of addressing their own issues such as addiction and offending, show positive change and commit to it, then with help from people like myself and others who have trodden the same path into the family court they can have the family life they crave again. The right to family life is an article in its own right in the Human Rights Act. If a prisoner can show that desire to succeed in transforming themselves then we can help. We know that courts want evidence of rehabilitative programmes undertaken, proof of engagement with the probation service, attendance on courses and many other positive steps but we are living proof that addiction and reoffending can be reduced on the path to resuming contact with our kids. 30% of the people I have assisted in court are addicts. We are people who have made mistakes but not serious enough mistakes for our children to be deprived of a parent for life. Prison to Parenthood can assist in making court applications, advise on court finances, help file statements in a format that the court require and attend court on the day with an applicant when it is possible.

I’m excited about this project. The support from prison governors, mental health teams, drug and alcohol teams and the like has been overwhelming. The programme will be piloted in the new year and hopefully 2019 will be a great year.

The end of the year is when I reflect on things. I was in court recently for a full day trial with a father wanting more contact with his daughter. We won our case.  I had just assisted a gentleman in beating a city barrister which meant that a young girl who will probably never meet me will see her dad and the dad who had hugged me outside court can now watch his daughter at ballet class. That feeling is priceless. There is no money in the world that can buy it. There is no drink or drug that can give me that feeling.

By David

 

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  • Comment – Let us know your thoughts on this post by commenting below.

 

Although prison affected my mental health, I want to stay part of the criminal justice system

Toni was determined that on her release from prison she was going to turn her back on the criminal justice system. However, as she later discovered, the impact of her prison sentence meant that she’d go on to use her experiences in a much more positive way. 

 

When I finished my sentence and left prison, I was determined to put that part of my life well and truly behind me. I knew that I wouldn’t be able to go back to my old job but I’d been planning for my release and had lots of ideas about what I was going to do.

During my time in prison, I’d come across lots of people who, after going to prison themselves, wanted to continue to have some link with the criminal justice system and started working for organisations in this sector. That wasn’t for me – I wanted to get as far away from it all as possible.

In many ways I achieved what I set out to do. I reconnected with some ‘non-prison’ friends, got myself somewhere to live, started dating and got a job.

Outwardly, I was doing okay but inside I was suffering. There were obviously reasons behind why I had offended and whilst in prison, I’d started to work with a counsellor to address these issues but, as soon as I left prison, I buried them once again. My ‘non-prison’ friends had no idea what prison had been like and I found more and more that I needed to talk about it, to try and come to terms with it. I started to drink more and more to help me deal with my problems but of course, this only made things worse.

The drinking meant that I was regularly late for work and when I was there, I couldn’t concentrate. On reflection, my boss put up with me for much longer than he should have done but I eventually lost my job and couldn’t pay my rent. One night out of desperation I contacted a friend I’d been in prison with and asked for help.

She was amazing, she gave me a bed and board and expected nothing in return. All she wanted was for me to get well and during that time I came to realise how much prison had affected me. The shock of having to adapt to prison life; being exposed to a very different culture to my own; the lack of personal choice and my diminished sense of self-worth. I came to understand that very few people will be unchanged or unscathed by their prison experience.

I count myself lucky that I was able to recognise that I needed help. Prison had made me anxious and depressed and I started to worry that the deterioration in my mental health could put me at risk of re-offending.

Although I didn’t spend long in prison, it had a massive impact on me. The help I received from my friends and doctor was amazing and I’m now in a good place. Prison affected my mental health for the first time, and I can’t imagine what it must be like going into prison with pre-existing conditions; from what I saw, there was very little help available.

Ironically, I now work for the probation service on a reducing re-offending programme specifically for women. It seems as though I’m going to be one of those people with a criminal record that just can’t break free from the criminal justice system.

By Toni (name changed to protect identity)

 

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

What a difference 5 years makes – applying to university with a criminal record

Megan was extremely disappointed when her university application for a nursing degree was refused on the basis of her criminal record. However, after taking time out to re-evaluate her career and her conviction, Megan applied again and was offered places at 3 different universities.

 

Nursing had always been my ultimate goal in life and I was very close to this dream becoming a reality when what I’m about to explain happened and all of that hard work and commitment had pretty much destroyed this dream.

I was involved in an incident which resulted in a conviction for two counts of common assault. I was two exams away from finishing my access to nursing course at college and had already applied to university to study adult nursing. I was advised from all 5 universities to which I’d applied that as I hadn’t yet been convicted (the court case was still pending at this time) that I was to attend the interviews as normal, and to advise the university when there was an outcome. As soon as I was aware of the outcome I informed the university and was told to attend a CRB Panel Meeting for a decision to be made as to whether I would be accepted onto a nursing course.

After the CRB Panel Meeting it was decided that I could not progress onto a nursing course at that time and was advised to reapply again in the future. At this point, quite frankly, I had lost all hope. Even though it had only been 9 months since the incident, it had only been five months since the date of my conviction, so it was very ‘new’ and not much time had passed from the incident itself.

I took some time out to decide my next steps as nursing was all I’d wished to do career wise. I saved up as much money as I could and went travelling for a while. Upon my return, I knew that my passion and goal to become a registered nurse was still very much alive, so I made a list of things to which I hoped would help my application to university next time around. I involved myself in various voluntary roles such as working in charity shops, volunteering with animals etc. I was then fortunate enough to start a voluntary post at a hospice, where I gained fantastic experience and made some lifelong friends along the way.

A short while later, I decided it was time to reapply to study nursing again; it had now been 5 years since my conviction. I applied through UCAS and of course the UCAS application form asked (* see editorial note below) if you have any spent or unspent convictions. At this stage, all that was required was a ‘yes’ or ‘no’ to the question.

I was invited to interviews at 3 out of 5 university’s that I’d applied to and after attending CRB Panel Meetings I was offered places at all 3 universities. I chose the one I wanted to study at and very happily accepted the offer. I have now just come to the end of Year 1 of training and have had the best year of my life so far!

It was difficult at the time of the incident to accept what was happening and it was easier to blame everyone and everything but myself. It was just over a year since the date of my conviction when I realised I had to take responsibility for my actions and although I did not choose to be in that situation to begin with, I still had a choice – I should have thought more rationally and chosen differently.

Although I sincerely regret my choice of actions and how it had impacted every part of my life, it made me realise just how much becoming a nurse meant to me personally. I knew that the best shot of this happening was to stay focused and reflect and learn from everything that had happened.

Always keeping the end goal (becoming a qualified nurse) at the front of my mind, helped me get myself there, taking little steps at a time. It made me realise that it was a mistake that I made and something that happened in my past, but it didn’t define who I was as a person now.

My passion for nursing has never once faded and truly I cannot wait until I reach my goal of becoming a VERY happy qualified nurse.

By Megan (name changed to protect identity)

 

Comment from Unlock

We’re delighted to hear that following her second application to study nursing at university, Megan secured offers from 3 universities. As 5 years had passed since her conviction and Megan was able to demonstrate that she’d been in no further trouble, all 3 universities would have had more confidence that she posed little risk to the university and its students/staff. However, as Megan herself states, by the time she’d made her second application she’d taken responsibility for her convictions which could have made a difference to how the universities saw her.

* Editorial note – Since 2018, UCAS no longer ask a general question about unspent convictions, but for courses like nursing there is still a question about criminal records.

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
  • Discuss this issue – There are some interesting discussions related to applying to university.

Has an employer wrongly checked your official record? – Get in touch

We’re continuing to look for examples of employers who have carried out inappropriate criminal record checks.

We’re gathering this information as part of our Fair Access to Employment project and to feed into our legal strategy which aims to put an end to unlawful criminal record checks.

We’re especially keen to hear from anyone who believes that an employer has carried out a standard or enhanced criminal record check for a role that wasn’t eligible for that level of check and that employer has subsequently taken into account spent convictions or other information from the police that they are not entitled to see (so called “soft intelligence” or “local police information”).

The types of information we’re looking for

We’re interested to hear examples where:

  1. Employers have carried out a standard or enhanced criminal record check which revealed spent convictions or “soft intelligence” or both, AND
  2. The role in question was not eligible for that level of check (i.e. a standard check was carried out when the role was only eligible for a basic check, or an enhanced check was carried out when the role was only eligible for a standard or basic check).

We will review all of the evidence and advise you about your options, including potentially participating in legal action against the employer or umbrella body for submitting an ineligible check or against the DBS for processing an ineligible check.

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