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For people with criminal records
For people with criminal records

Story Type: Struggles & Stigma

Employers, if you’ve got a blanket ban on recruiting people with unspent convictions, just tell us

Despite disclosing his unspent conviction on two occasions, Isaac was amazed to learn that his new employer had withdrawn their job offer due to a blanket ban on the recruitment of people with unspent convictions.

I met my ex-girlfriend when we were studying for our ‘A’ levels and we were together until the start of my second year at university. By then, I knew that once I’d finished my degree I would be moving to London to pursue a career in management consultancy and I was totally driven in my desire to secure a graduate position with a global management consultancy firm.

Call me selfish but I knew that I would have little time for girlfriends and so, not wishing to ‘lead her on’, I ended the relationship.

It became clear that she’d thought our relationship was forever and she was absolutely distraught when I told her it was over. Like many men, I didn’t know how to deal with her tears or emotion and when she begged me to stay over so that we could talk things through, I couldn’t see how that would make things any better. As I tried to walk out, she clung onto me shouting and screaming at me; I pushed her away and left.

The next day, the police turned up at my house and I was arrested for an alleged assault on my girlfriend. At the police station I had an opportunity to speak to the duty solicitor and I explained everything to him. I was really upset to think that I might have caused her any harm (I certainly hadn’t intended to) and although being charged with common assault seemed harsh, I readily accepted that I had pushed her. The solicitor recommended that I plead guilty. He thought that I’d probably get a fine but importantly, it would mean that my girlfriend wouldn’t have to attend court and we could both get on with our lives.

Sadly, that wasn’t what happened and I walked out of court with a 6 month community order and a restraining order. I finished the unpaid work requirement quickly and before I knew it, the community order had come to an end.

I continued to study hard and went on to get a first.

A year and a half after I’d been to court I applied for my basic DBS check. I had just started applying for graduate positions and wanted to have my blank DBS certificate to share with future employers if I needed to. However, when my certificate arrived it wasn’t blank. I hadn’t realised that the 3 year restraining order I’d received had a rehabilitation order all of it’s own which meant that my conviction was still unspent.

Although this was a huge disappointment, I couldn’t do anything about it and I needed to remain focused on my end goal. So, instead of getting down and depressed I spent time thinking about the best way of disclosing my conviction.

I applied for several graduate posts including one with the organisation I’d always wanted to work for. There were no questions on the application form asking about unspent convictions and at the time, I took this to be an encouraging sign.

I was invited to attend an interview which went very well and when I was asked at the end if I had any questions it felt like the right time to disclose my conviction. The interview panel thanked me for my honesty and told me that if I were successful they would carry out background checks and it may be necessary for me to disclose again.

A month later, I was in receipt of two job offers, one of them being from my preferred organisation. Before accepting the offer, I wanted to know for sure that my criminal record wouldn’t be an issue and so I made an appointment to speak with one of the HR managers. During that meeting, I disclosed my conviction again and was told:

I can’t see it being a problem but we’ll have to wait until the background checks have been done.

Knowing that my DBS would merely confirm what I’d already told them, I felt slightly more reassured and the same day turned down the job offer from the second employer.

The background checks took a while but I eventually received an email stating that the employer now had all the information they needed and would be in touch shortly with a start date. Two days later I could barely contain my excitement when I saw another email in my inbox from my new employer. However, rather than setting out details of my start date, the email stated that the job offer was being withdrawn due to my unspent conviction. The letter went on to say that this decision was final.

I have since had numerous conversations with the employer about their policy in relation to the employment of people with a criminal record and it seems clear that they have a blanket ban on the recruitment of anybody with an unspent conviction. I find it incredible that having disclosed my conviction on two occasions, nobody thought to tell me that my application could not be progressed. I would obviously have been disappointed but I’d have come to terms with that and applied elsewhere.

This failure to be upfront at the start has meant that I’ve turned down a job with another employer who may not have had a problem with my criminal record. I’ve been left out of pocket with my confidence at an all time low.

By Isaac (name changed to protect identity)

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Why do I still have to fight for everything when my conviction was almost 4 years ago?

Whether you’re applying for a college/university course or a job, disclosing a conviction could potentially make it more difficult. Is it any surprise therefore that some people with a criminal record never reach their full potential simply because the fight goes out of them.

In 2015 I came to the UK from the Czech Republic where I’d taught 1st grade primary school children. Although I was a university graduate with a Master of Teaching in the Czech Republic, I had to demonstrate that I was able to teach in the UK and not long after I arrived, I was awarded the Qualified Teacher Status. It felt incredible and I was so happy.

I was offered a job working as a general teaching assistant and, only a few weeks into my new job I was given the task of working on a one-to-one basis with a 4 year old boy who was on the autistic spectrum. He was finding it extremely hard to settle into the school environment and needed extra support.

Lucas (not his real name) could be quite difficult to work with; he was aggressive towards the other children and me, and there were times that he would be a danger to himself. As he got to know me, we started to gel but I had never worked with children with special educational needs before or experienced such behaviour and there were times when I found it quite shocking but, I persevered.

Six months after I’d started working with him, his behaviour suddenly escalated to a level that I’d never seen before and I didn’t know what to do, he was totally out of control. As a last resort, I smacked him across the bottom. I realised straight away that I’d made a huge mistake and immediately went to find my manager and tell her what had happened. I thought we’d be able to talk through the situation and then decide a course of action (more training, a warning etc). Sadly I wasn’t given that opportunity, just suspended from duty.

It took 5 months for the school to conduct a fact finding meeting and in that time I was told that I couldn’t go near the school. Colleagues who I’d thought of as friends ignored me. In the May of that year I went to the police station to give a voluntary statement and in the September I was charged – assault by beating. My case went to court in January 2017 and I was found guilty. The magistrate expressed his disapproval at the lack of training the school had provided me with.

After the court case I had to wait another 6 months to find out that the DBS were not going to add me to the children’s barred list and this gave me a glimmer of hope that my career wasn’t finished.

For the next two years finding a full time job was almost impossible and so I cleaned houses whilst also working as a very part-time nanny. As it became more and more difficult to earn a regular income I signed on with the job centre and, after telling my ‘story’ to the work coach she arranged for me to meet with a recruitment agency.

The meeting couldn’t have gone better and the agency took me on. It took 3 months for my DBS certificate to arrive but once it did, I started working as a nursery nurse.

Whilst I’d been doing my cleaning job I’d been accepted onto a level 2 counselling course at a local college. I’d disclosed my conviction and been told by the course leader that it wouldn’t be a problem for the course but may present some difficulties in the future if I wanted to work in this field. I decided to face that bridge when I came to it and so I started the course.

I found it really interesting but also demanding and not everyone that started it managed to finish. However, I felt quite confident going onto level 3. I was surprised therefore to be called in to see the course leader who told me (in an extremely hostile way) that my application to move onto the level 3 course was being refused on the basis of my criminal record.

As part of my course we’d had to work through our own personal issues, be open about ourselves and learn what it’s like to feel vulnerable. Maybe that’s why I’m so surprised and disappointed that a trained counsellor and course leader could have spoken to me and treated me in the way she did.

I want to appeal the college’s decision but I need to mentally prepare myself first. I’d really like to use my own experiences to help others but sometimes you just get dragged down with having to fight for every chance or opportunity.

By Galina (name changed to protect identity)

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Mistakes made by probation should be a cause of concern to all

Back in 2014, Chris Grayling introduced the privatisation of the probation service. The system was heavily criticised by MP’s and Mary’s story demonstrates just what was going wrong.

 

Several years ago, along with an accomplice, I “earned” approximately £2000 by claiming refunds for items I owned which I declared were faulty when in fact they were not – this is legally defined as fraud by false representation. I claimed for 6 items in total over a 2 week period before realising how stupid I had been.

Approximately 6 months later and totally out of the blue, I received a text message from my accomplice telling me that he’d just been raided by the police; his computers had been seized and he’d been asked to attend a voluntary interview at the police station. He was advised by his solicitor to do a ‘no comment’ interview.

As you can imagine, I was extremely worried that the police would visit me too; every night I went to bed not knowing whether I’d get a knock on the door the next day. It finally came 4 months later.

The police removed all of my electronic devices and ‘invited’ me to attend an interview and it was only then that I discovered my accomplice had continued with his offending behaviour.

To start with, our case went to the Magistrates Court but was then transferred to the Crown Court. Prior to my appearance in court I was sent a letter by the probation team with a whole raft of questions, for example “what had led to my offending, what were the chances of my offending again?” Considering I’d not entered any plea, it felt quite presumptuous of probation to assume I was guilty.

At the end of the court hearing I was sentenced to 9 months in prison, suspended for two years with a requirement to attend sessions with my probation officer throughout my sentence.

I received my first letter from probation a month later and was surprised to read that I’d apparently missed my initial appointment and, unless I could explain my reasons for this within the next 5 days, I would be returned to court. Of course, I contacted my probation officer immediately and she accepted my explanation that I’d never received any details of that first appointment.

Over the next month, I attended four meetings before being told that the probation office would be closing but I’d be sent details of the new office to report to. I heard nothing more for 4 months and, growing more and more concerned that I should have been attending meetings, I rang the office. I was told that my probation officer was away but she’d call me back.

A further 2.5 months passed before I was given another appointment and this was only because I’d made it my business to chase up probation. On the day of my meeting, my ‘usual’ probation officer wasn’t available and so I was seen by somebody else. Once again, I was told I’d be sent a follow up appointment and once again, I heard nothing.

I’m sure I’d have heard nothing more from probation were in not for the fact that I decided to enrol for a course at my local college. As my conviction was still unspent I had to disclose it and I was asked by the college to attend a risk assessment and also, to provide the contact details for my probation officer.

This appeared to spark some renewed interest from probation and I went on to have another two meetings until once again, my officer went off sick. Once again, this lack of a named probation officer resulted in another allegation of a missed appointment and a further letter threatening me with a return to court.

This catalogue of errors must be hard to believe but I can assure you that I’m not the only one. The following was a headline in The Times newspaper:

Public at risk after privatised probation firm lost offenders.

The paper reported that a probation company had lost track of individuals it was supervising and others hadn’t been seen for months. It highlighted a combination of unmanageable caseloads and inexperienced officers.

I did everything I could to try to engage with probation. I didn’t want to miss appointments, my only wish was to complete the sentence given to me and move on.

I hope that once the probation service is bought back under public control early next year, we’ll no longer see this kind of mismanagement happening again.

By Mary (name changed to protect identity)

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  • Comment – Let us know your thoughts on this post by commenting below.
  • Information – We have practical self-help information on probation.
  • Discuss this issue – There are some interesting discussions relating to probation on our online forum.

Organisations can’t be diverse or inclusive until HR professionals recognise the value of people with convictions

Despite having worked as a nurse for many years, Janice feels that HR departments are more interested in her conviction from 20 years ago than her abilities as a nurse.

I’ve been a nurse for over 11 years and have worked in the same hospital department for the last 10 years.

One of the great things about working as a nurse and, in particular, being part of the NHS was the fact that there was always the opportunity for career progression. With hard work, drive and motivation it was possible for somebody starting out as a staff nurse to move into executive and clinical leadership roles.

The application process was relatively simple too. When promotion opportunities became available, we’d drop an email to our matron expressing our interest. Those making the recruitment decisions knew that our training was up-to-date and that we’d have regular checks carried out relevant for our role. Don’t get me wrong, we weren’t shown any favoritism, in some cases being known to the department really went against you. The only thing we could avoid was having to fill in lengthy application forms.

However, over the last 2 years things have changed and we now have to apply for all jobs through trac.jobs, a website which is independent of the NHS and the Department of Health. Every time I apply for a new role, I now have to disclose my conviction from 20 years ago and this has seemed to somewhat stall my career progression.

Trac have told me that they will discuss any disclosed convictions with the relevant appointing manager and from my own experience, the way that a person with a criminal record is perceived seems to have changed over time. When I applied for my first job with the Trust, I disclosed my conviction; it wasn’t an easy discussion but by then, my conviction was over 10 years old and the Trust presumably took the view that I had the necessary skills and experience and I did not pose any risk to my patients or colleagues.

Since the new process has come into force, I’ve applied for 3 promotions within my current department and have been unsuccessful in all of them. I’ve been told that I’m well qualified yet each job has gone to a less experienced person. It seems that after 20 years, my conviction is still more relevant to HR than my ability to do the job.

I feel like I’m being assessed again and again and my career is being continuously decided by a mistake I made over 20 years ago.

By Janice (name changed to protect identity)

A comment from Unlock

As the role of a nurse is exempt from the Rehabilitation of Offenders Act, these employers can carry out enhanced criminal record checks. However, it seems as though Janice is being asked to self-disclose her criminal record prior to any recruitment decision being made which, under GDPR isn’t proportionate.

Sadly, Unlock regularly sees examples of employers who are either extremely risk averse or have a zero-tolerance approach to DBS checks. This is why our fair access to employment project continues to support employers in implementing fairer and more inclusive recruitment polices and procedures and challenge those who have unlawful recruitment practices.

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Google, It’s time to do better – spent convictions should stay spent

I can’t erase my past mistakes, I can only learn from them to be better.

Source: Adobe Stock

Over the last 3 months the number of people claiming out of work benefits has more than doubled. Like many people with a criminal record, Robbie is worried about how this will further impact on his chances of getting a job.

Every time I turn on the television these days the news is bleak – the number of people claiming out of work benefits has risen, the furlough scheme is coming to an end in October and more and more companies are being forced to cut jobs.

All sectors have been affected; young and old, senior managers and factory workers, all looking for new jobs. What chance do I stand – the guy with the criminal record.

Yes I have a criminal record. I’ve got more than one conviction but my last one was the most serious. Embezzling money from my previous employer, a well known supermarket.

I’d been employed by them for about 12 years, and my offending had started a year or so before it was actually discovered. I was dismissed from my job and given a community order when my case went to court. I avoided a prison sentence because my family paid all the money back to the supermarket in full.

Details of my court case appeared on the front page of my local newspaper and anybody can Google my name and find out what I’ve done. I didn’t realise how many employers do searches like this on potential employees and this has definitely made it harder for me to find a job.

I know what I did was wrong and I am truly sorry for it. I not only deceived my employers but I’ve caused so much pain and worry for my family, in particular my mum who stood by me through it all. It’s something I regret every day of my life.

Since my last conviction I’ve not been in any further trouble and I can honestly say that I will never break the law again. I can’t explain why I stole the money, I can only put it down to greed and stupidity. I was certainly drinking a lot more than I should and this may have been a factor but not an excuse.

Since I lost my supermarket job, I’ve been unable to get any type of paid employment. I’ve successfully completed two courses at evening school and an 8 week unpaid work placement in a clerical role with my local NHS hospital. Last year I went back to college full time to study for an HNC in administration and IT in the hope that it would improve my chances of securing paid work.

Up until the coronavirus pandemic struck I’d been working as a volunteer at a local charity shop. Even though I had to disclose my conviction to the shop manager, she was happy to give me the opportunity to prove myself. Knowing that she was prepared to see beyond my conviction and place some trust in me meant so much. The shop is due to reopen next week and I’m looking forward to going back, it’s good to have some structure to my day and a reason to get up in the morning.

Ideally I’d like an admin or clerical role to put into use the things I’ve learnt at college. The majority of employers have a section on their application form which asks about cautions and convictions and my heart always sinks when I see that question. I appreciate that I have made things much harder for myself and I can certainly understand why an employer would be loath to take somebody on who has a criminal record.

But, I just want a chance to show that I’ve learnt from my mistakes – I’ve learnt a lot about myself and what’s important in life. I want to show that I can be trusted and I know that I’ve got a lot to offer a potential employer.

My future seems bleak. The jobs market is hard enough for people who don’t have a criminal record never mind those like me who do. I wish I could wind back time but I can’t. All I can do is hope that somebody sees fit to give me a chance – I’d grab it with both hands.

By Robbie  (name changed to protect identity)

A comment from Unlock

In 2015 Unlock launched it’s fair access to employment project. A key part of this work is to support employers in developing and implementing fair and inclusive polices and practices and to recognise the diverse talent of people with a criminal record.

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  • Comment – Let us know your thoughts on this post by commenting below.
  • Information – We have practical self-help information on looking for (and keeping) employment and volunteering.
  • Discuss this issue – There are some interesting discussions on our online forum.

Probation, ‘borderline’ offenders and the need for boundaries

One person in 20 is currently living with a personality disorder and a large proportion of these are women. Symptoms vary but in Stacey’s case she struggled with her emotions and relationships with others. She feels strongly that probation officers need more training to enable them to understand the difficulties of working with people with personality disorders.

The first meeting with my probation officer started off badly. She had read my case notes which said I was ‘high risk’ and made it clear she had reservations about supervising me. I had Borderline Personality Disorder (BPD) and was known to struggle to manage my emotions. The Community Mental Health Team (CMHT) had refused to help me saying first that there was no treatment for BPD and then, after my arrest, that I was obviously in crisis and so unable to engage, so I was used to knock backs.

Nevertheless, I was a little disappointed with her attitude and the fact that she had pre-judged me. I had never had a probation officer before and didn’t know what to expect. I was 55 years old and this was my first time in prison. I was looking forward to going home to my partner and I was sure that I would not be returning to prison.

After my release I saw my probation officer twice a week. I attended all my appointments and didn’t offend further, so after a couple of months they were cut down to one a week. I wasn’t getting any help from the CMHT but it didn’t seem to matter because I could talk to my probation officer. She’d softened towards me since our initial meeting and I looked forward to seeing her each week.

We spoke about issues I was having but equally, we discussed her and her personal life.

“Enough about you, did I tell you about what I did last weekend?” she’d say.”

I liked talking to her. She was funny, intelligent and interesting. She seemed to care about me. We discussed my issues with attachment, a common symptom of BPO, and she seemed to understand what a serious problem it was for me. The feelings can become so intense that some people become obsessed and even resort to stalking. I hadn’t, but I understood how easy it could be to reach that stage.

We talked about anything and everything, and we laughed, a lot. I was becoming attached to her, and she knew it. She asked if I wanted a different officer; I declined. The best way of curtailing this type of attachment is to have no contact with the subject. However, the one with the attachment will not break the contact because they yearn for that person’s attention.

Half way through my probation period I was told by a senior officer that I would now only need to see my officer every two weeks. I had been doing well and the concerns of supervising me, exhibited at the beginning, seemed to have lessened. This should have been good news. It wasn’t; I was devastated. I started to think of the time when I wouldn’t be able to see her, and I couldn’t bear it. I thought of the railway track and how much I wanted to end my life. I don’t know how I managed the drive home. I felt numb, yet desperate.

Once home, I couldn’t settle. I sent an email to the probation officer, complaining about never getting any help from CMHT. She phoned me, but I didn’t answer. I knew I wouldn’t be able to talk because I was crying so much. She asked the police to carry out a safe and well check, but they refused. Over the weekend, I sent more emails to my probation officer, threatening anyone she might send to my door. I wasn’t serious but I needed to do or say something extreme so that I could calm down. On the Monday I was arrested and charged with malicious communication. I pleaded guilty. The police said they had a statement from my officer to say she was upset at receiving the emails. The magistrate was sympathetic to my feelings but said he couldn’t allow anyone to send vitriolic comments to probation staff. He sentenced me to 6 weeks in prison.

While in the cell awaiting transport, my probation officer came to see me. She told me that her manager had recalled me to prison to serve the rest of my initial sentence, another 6 months. She also said she had not made a statement and was neither angry or upset at my emails. She thought the whole saga was ‘sad’. Despite the fact that I would have to serve another 6 months in prison, I was happy that she wasn’t angry with me.

After my release, despite the emails, and perhaps proving that she had not been upset the same probation officer continued to supervise me for the seven months extended probation I had been given. I was still attached to her and grateful that I would be seeing her every week. Our relationship went back to the way it was before my arrest and one day, she became emotional and apologised for what had happened. Looking back, I don’t know if she had genuinely wanted to help me or had encouraged my attachment. She game me a lot of information about herself but when I then tried to probe further, she said it was inappropriate. Either way, the thought of not seeing her was more than I could bear. I said it was OK, I didn’t blame her, and it was true. How could I blame her for being kind?

I do question however, why probation officers (and possibly police and prison officers) do not have the kind of awareness training that warns them about attachments so that they can set boundaries. Individuals with BPD can be extremely vulnerable and prone to overplay the smallest act of kindness shown to them. I was told that a forensic psychologist was available to give advice to officers at my probation office. Clearly the advice did not cover those with severe attachment issues.

Since leaving prison, I have been working to raise awareness of BPD and associated attachment issues. One in ten people with BPD end their own lives; I was very nearly part of that statistic.

By Stacey  (name changed to protect identity)

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Why are insurance companies still discriminating against those with a criminal record?

Having just gone through the process of renewing his car and home insurance policies, Leo asks why more isn’t being done to challenge the excessive premiums insurance companies are imposing on people with a criminal record.

 

I was convicted of fraud in March 2017 and received a 5 year prison sentence. This was my first experience of the criminal justice system.

I now fully appreciate the stigma and prejudice those with a criminal record suffer, particularly when trying to obtain insurance for their home or car.

Under the Insurance Act 2015, a policyholder has a ‘duty of fair presentation of risk’. This means that an individual must be honest and if asked, declare any unspent convictions to an insurance company.

Unfortunately, it seems that the insurance industry views the disclosure of convictions as an automatic right to increase premiums, even when the conviction has NO adverse effect on the insurance you’re trying to obtain.

My conviction is for fraud. How does this impact on my car insurance? Does my conviction make my driving worse, and therefore make me a bad risk? If anything, I now have a job which is far less stressful that the one I had prior to my conviction which means I’m much calmer, less tired and less rushed. I’m also still on licence so always mindful of my actions – worried that a potential slip up could see me recalled to prison. So all in all less of a risk all round. However, my car insurance premium hasn’t been reduced to reflect that.

When I was looking to renew my car insurance many insurers simply refused point blank to insure me and those that did wanted to increase my premium from between £400 to £800. As my conviction will never be spent, I’ll incur these increased premiums and prejudice for the rest of my life.

I’ve had a similar experience with my home insurance – none of the well-known high-street insurers will quote for home insurance once you’ve got a criminal record.

I fully appreciate that if my conviction was for a driving offence or arson then this will, and probably should increase my premium. I have no problem with disclosing my unspent conviction but I feel that the insurance company should look at its relevancy, rather than immediately upping my premium.

Doesn’t the insurance industry have a duty to treat its customers fairly? I don’t see this happening and I don’t see them being challenged because of it.

What’s more baffling is, if premiums are based on risk then why aren’t insurance companies asking all customers questions about their drug and alcohol intake or whether they’re taking prescription medication for stress or depression – wouldn’t these factors potentially lead to more ‘risky’ behaviour.

The insurance industry is making millions of pounds each year by increasing the premiums of people with unspent convictions. Isn’t it time that they were challenged and asked to provide evidence that people with convictions have more accidents or make more claims than those without a criminal record.

By Leo  (name changed to protect identity)

 

A comment from Unlock

Since 2000 we’ve worked hard to try to make it easier for people with a criminal record to get genuine cover at a fair price.

However, there’s still a lot that needs improving and we’re continuing to push the insurance industry to use evidence-based risk-pricing models as well as monitoring the questions that insurers ask about criminal records to ensure they’re not taking spent convictions into account.

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

 

“Don’t believe everything you read” – Getting a visa from the US Embassy in Belfast is no guarantee

Source: Adobe Stock

Having done a huge amount of research, Will was reasonably optimistic that travelling to the US Embassy in Belfast would improve his chances of getting a visa.

 

Last year I visited the US Embassy in Belfast to apply for a US holiday visa. Because of the work I do, I couldn’t afford to take the risk of lying on the online ESTA form but I’d read that my chances of getting a visa would be better in Ireland rather than in London.

The reason I’m not eligible to travel via an ESTA is that a few years ago, I was cautioned for possession of Class A drugs. It’s the only blot on my criminal record but I know the US are very strict about drug offences.

I’d read as much as possible beforehand and my impression was that I was likely to have the visa refused there and then but that I would be recommended for a ‘waiver of inadmissibility’ which would take several months to process but which would ultimately be approved. For this reason I made no travel arrangements in advance but was hoping to book a holiday once the visa was granted.

Visiting the embassy was a horrible experience. You’re not allowed to take your phone into the waiting room with you, and you have to sit in the room for (in my case) hours before being seen. There was no clock on the wall and no obvious order regulating who was seen first. I was seen last of everyone, even though I definitely didn’t arrive last – I was actually an hour early for my appointment.

When I was eventually seen, I had to go into a private room to speak to the immigration officer. Weirdly, he stands behind a glass screen (as though you’re cashing a cheque at the bank) and you stand in front of him as there are no seats. He has all your documents in front of him and asks you a few questions about your offence. It feels like he’s trying to catch you out and it was pretty nerve wracking.

As expected, he told me that he would not be granting me a visa. He gave me a short spiel about how old the US drug laws are etc and said there is a waiver available for my offence but – and this was the bombshell – he was not going to recommend me for it on this occasion, as the offence was too recent (it had happened just over 2 years before). He said that he couldn’t tell me exactly how long I should wait to reapply, but maybe 5 years from the date of the offence, and even then I may have to undertake some sort of medical examination.

As a result of my experiences, I thought it was important to write this article so that people are aware that you might be refused a visa if you apply to the embassy in Belfast. If I’d read this story before I applied, I wouldn’t have applied – I’d only seen positive accounts online which lulled me into a false sense of optimism. It wasn’t cheap to travel from England to Belfast for three days and there were also the costs of the police certificate together with the visa fees.

So heads up to others, if you’ve got drugs related offences, perhaps wait to apply until there’s been 5 years since the date of your offence. This probably doesn’t apply to you if your offence was not drug related or if your drug offence was for a less serious class of drug.

I’d still like to travel to the US for a holiday one day and I’d be interested to know if anyone that’s been rejected has then gone on to successfully reapply.

By Will  (name changed to protect identity)

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  • Comment – Let us know your thoughts on this post by commenting below.
  • Information – We have practical self-help information on travelling to the US.
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Should my past forever define who I am?

Sadly, AJ’s story is not an unusual one. As a young man, he made some bad choices which saw him sent to prison. Yet despite spending the last 9 years trying to make amends, it seems as though he’ll never be allowed to leave the past behind.

Back in 2011 as a 21 year old man I got into an illegal and immoral “relationship'” (I use the quotes because I now see that relationship isn’t the right word for this) with a child aged 13. You might ask why? You might ask how? – none of that matters because the fact is I was guilty.

At around the same time, a friend and myself got into an altercation and, in self-defence, I punched him. Was that the right thing to do? Absolutely not.

I admitted my guilt in both cases and received a sentence of 4 years and 3 months, a SOPO and I was put on the Sex Offenders Register for life. Although I can apply to come off the register after 15 years, my conviction can never become spent because I was sentenced to 12 weeks over the threshold for what the government deem suitable for rehabilitation.

It’s that word that confuses me; ‘rehabilitation’, surely that gives the impression that everyone at some point will get the chance to not have a past mistake or mistakes haunt them until the day they die?

Since my release from prison, I’ve held down a job and have been in a long term relationship. My partner, friends, family and employers are all aware of my conviction and have all said the same

Your past doesn’t define you now or in the future”.

So, why doesn’t our government think the same?

In the last 2.5 years I’ve studied to become a personal trainer and really want to start my own business, surely this is showing a real willingness to change and make a better future for myself and my family. However, even though I’ve spent thousands of pounds on my education I’m struggling to move my business on because I’m finding it virtually impossible to get insurance. I often hear people citing that everyone is entitled to a second chance but will that ever become a reality.

Whatever you’ve been convicted of, you’ll have hurdles to climb following your release from prison but shouldn’t your punishment stop at that point?

I get that the general public struggle to be sympathetic for anybody with a sexual offence and, as hard as I find dealing with the constant punishment, I can understand it to a certain extent. But, what about my family – they’ve done nothing wrong but yet they’re affected by my criminal record. They pay more for home insurance just because they’ve offered me a place to live, they’ve been abandoned by some of their friends because they’re son has been sent to prison and, if they ever need an enhanced DBS check for work, they’ll worry about whether the police are going to drag up my past – is this right?

If you ever question the fairness of this you’ll be told:

That’s just the way it is”

It seems society isn’t content with sending me to prison and that me and my family should continue to be punished for life.

By AJ  (name changed to protect identity)

A comment from Unlock

Since we started as a charity 2000, Unlock has been a passionate advocate for change; challenging bad practice and influencing the attitudes of policy makers and the public to help people like AJ who continue to be punished for something they did many years ago.

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