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For people with criminal records
For people with criminal records

Story Type: Struggles & Stigma

Why can’t our past mistakes be left in the past? The ongoing impact of a criminal record

For many people who receive a conviction, the fact that it impacts on so many areas of their life can come as a huge shock. Sammy has faced discrimination from employers and insurers and believes society and government should be doing more to help people move on from their past mistakes.

 

 

Last year I received a conviction for ‘making indecent images of children’. Having gone through the process of going to court, I had very little understanding of the resulting impact the conviction would have on my life.

I was dismissed from my job as a company director, neighbours that I’d always thought of as friends ostracised me and, my wife and I separated.

I’ve learnt to deal with the humiliation and embarrassment of having to declare what I’ve done to family and old friends. However, the real difficulty I’ve found is that it’s virtually impossible for me to find work. I’ve never been unemployed but since my conviction I can’t even seem to get myself an interview let alone a job offer.

The majority of employers and agencies ask applicants to disclose any unspent convictions and although I understand that it wouldn’t be appropriate for me to work with children, my conviction is not relevant to the work I once did.

One national recruitment agency told me that they would not accept any job application from me because of the sexual nature of my conviction. Others have said it would be difficult to place me. I suspect that of the agencies I’ve disclosed to, many have taken the decision not to share my CV with their clients.

I’ve also realised how easy it is for companies to carry out internet searches on my name which means they come across all the details of my case. I’ve started to think that these companies will then conveniently bin my application form. The problem is, I can’t ask them if they’re aware of my conviction just in case I draw their attention to it – a vicious circle.

I was recently offered a post in a retirement village run by a charity. I wasn’t asked about my conviction at the interview but once I’d been offered the role I disclosed my conviction on the very first day of work. Sadly, the Chief Executive decided that I was a reputational risk and my contract was terminated.

I’m so disappointed to find that even when my sentence is completed I’ll still face a life-time of punishment by society and I can see very little prospect of obtaining any kind of job in the field that I’ve previously worked in.

For me this means that I can’t contribute to the family finances which have dramatically increased due to the need for me to have alternative accommodation. I can’t pay towards the upkeep of my children and I’ll be unable to help them out when they go to university or want a car or help to buy a house. I’m unable to pay my taxes and once my savings have run out, I will become a burden on society.

In addition to this, I’ve recently had to renew my car insurance but because of my conviction many insurers increased my premium and one insurer refused completely to give me a quote. I can’t make out how my risk as a driver would increase due to a completely unrelated offence.

I don’t diminish in anyway the severity of my offence or other sexual offences but society seems to have gotten itself into a state of righteous indignation about anything sexual. Of course I accept that offenders need to be punished. But there has to be an end date for that punishment. A record may need to be kept forever by the police in case there is any re-offending in the future. But how much of this should be held confidentially and how much should be available for public scrutiny. I might have an opinion on this, but I’m just a lay-man, with a conflict of interest.

I consider myself a normal, law-abiding citizen the same as any other citizen. I got caught up in something I shouldn’t have but it was for a very short period of time. It was out-of-character and I took my own steps to remove myself from that behaviour long before the police knocked on my door.

If there’s any chance of change, then government needs to look into the practices of organisations who impose less advantageous terms on people with a criminal record, even when their offence has nothing to do with the service/product they’re looking for. We’ve paid the price for our mistakes, can’t we now just be left to move on.

By Sammy (name changed to protect identity)

 

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I was rejected from university because of my record, now I’m campaigning for fair treatment

I didn’t really ever class myself as an academic when I was younger. I didn’t engage at school – learning just didn’t seem to be something I was interested in. But when I found myself at Her Majesty’s Pleasure aged 21 it was a pivotal point in my life. Being away from normality and being isolated gave me the opportunity to draw a better perspective of my own life. I decided I needed to pull my finger out and do more – there are no excuses now, I thought, the opportunity was there for me to change my life and I’d be the fool not to take it; no-one else was going to do it for me.

The first course that I engaged in was a carpentry course. Picking up a saw for me was like trying to read Japanese, but I took to it, and really enjoyed it. That’s what really fuelled the desire to do more, and I did. I took every practical course that was available. I would never have imagined myself to become interested in things like that, but I surprised myself and I think every day I continue to surprise myself. I’m so keen to learn now.

Post-prison, one of the biggest problems I faced was not being able to gain employment. I had all these skills, all these new qualifications but nowhere to apply them. So I took it upon myself to carve my own way and create my own opportunities. I started a small building maintenance company. We now maintain a portfolio of 1,200 properties and employ anywhere up to 25 people at one time. We’re doing alright!

I enjoy my job, but I want to do more. I can still feel this fire burning and I just want to go out there and do a lot more; to continue to push and challenge myself. A skill I’ve always had, but never really known what to do with, is the ability to draw. I was really fortunate to gain the work experience at a film studio after release, where I learnt to draft or technically draw. I enjoyed creating film sets and really challenging myself to create scale drawings and props that would be used on set. It was the first time I thought, ‘I can really do this’.

That’s why, last year, I started looking into doing a degree in architecture. I found a university in London, put together a portfolio, and applied. When I received an offer of a place I was elated; I couldn’t believe it. I thought this was going to be the start of something new. But then, on the day of enrolment, the university withdrew my application. In an email, they said the reason for reversing their decision was the fact of my criminal record. This was despite the fact it was an offence I had committed in 2009, and I was fully discharged in 2012 with no restrictions against me as an individual.

I was destroyed, heartbroken. I’m still a little bit gobsmacked to be honest. But I’m not happy to lie down and just accept this. I feel it is necessary to fight for change. That’s why I’m joining PET, The Longford Trust and Unlock in their campaign to encourage universities to give people with convictions a fair chance. From personal experience, I understand how damaging this sort of rejection can be for the individual. I don’t believe universities or any form of higher education institution should be willing to knock back someone just because of their criminal record – I think ex-offenders, reformed characters; whatever you want to call them – have a lot to offer: a lot of ambition, a lot of drive, a lot of passion. We probably make the best students just for the sheer fact that we want it so desperately. I’m a firm believer it’s so important to be able to give people the chance to be more and to do more with their lives.

I often say I’ve got a lot further on in the last few years post-prison than I ever did at the beginning of my life, and that’s all because of how I believe in myself and how other people have begun to believe in me as well. My family and the friends I surround myself with now are really keen for me to embark on this journey. They see something in me. It’s nice to have that from people – it’s a different kind of feeling and relationship from what I’ve known in the past. Seeing me get into university raised their confidence in me, and I think they feel the pain of my current situation too – the knockbacks, the obstacles – they just want me to go on to succeed.

I’m still in a struggle at the moment to find a university that will take me on and give me an opportunity. My ultimate goal is to be part of creating a building that can be a central location for people to come together to create social change. I want to create opportunities for others, including by employing people who have been in prison.

I don’t know where life can go now – that is the exciting thing. Joining this campaign and continuing to fight for my place at university is part of it – it’s an exciting process that I’m willing to embark on.

Since being interviewed by PET, the London university that rejected Georgie has reversed its decision, and has made Georgie an unconditional offer to start his architecture degree. He remains part of PET’s campaign to convince universities to treat students with convictions fairly.

By Georgie

 

This article originally appeared in the Insidetime newspaper (https://insidetime.org/i-was-rejected-from-university-because-of-my-record-now-im-campaigning-for-fair-treatment/) and is reproduced with permission and thanks

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Having my wings clipped by an old conviction – how my criminal record stopped me travelling with my family

Following an emergency overseas, Helen needed to fly to the Caribbean. However, an old conviction meant that she ended up doing this without her family. Read about the barriers that Helen continues to face due to her criminal record and what she’s planning to do to help not just herself but others in the same situation.

 

At the end of last year, I was told that one of my family who lives in the Caribbean was extremely ill and had only been given a short amount of time to live. I immediately went online to find the cheapest flight so me and my family could go and see my relative before they died.

After hours of looking, I managed to find a cheap flight which transited in Canada, so I hastily went ahead and booked the tickets.

It was only then that I realised that we would need to apply for Electronic Travel Authorisations (ETA). Having a conviction from 2000 which would never be spent, I knew that if there were going to be any problems it would be my application, so I went ahead and applied first. The question I’d been dreading popped up asking:

Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country.”

There was no point in lying, I needed my ETA, so I set out the details of my offence.

The result of this was that I was asked to submit a hideous list of documentation explaining the details of my conviction. As it had happened so long ago, I didn’t have everything to hand and spent two and a half weeks gathering and paying for what was needed and then sent it off.

Imagine my disappointment when I got the reply, telling me that my ETA had been refused. The only option I had was to book another direct flight for myself and let my family travel on the existing one without me. This meant having to spend considerably more money and not being able to get a refund on the flight I’d already booked.

I was gutted and disappointed by this outcome. It truly wasn’t just a matter of the money or even the fact that my husband had to take the children on the plane without me (although I was upset that we couldn’t all travel together), it’s a matter of principle. My conviction was 17 years ago, yet I’m still being punished because of it, even though I’ve totally turned my life around.

For some time now I’ve been thinking about the barriers that people with convictions have to overcome, but this was the straw that broke the camel’s back. I can’t stay silent any longer. I now intend to campaign to address and raise awareness of this issue as I know there will be many others out there in the same situation as myself. I want to help them have a voice, and see if positive changes can be made so people with convictions can move on with their lives and leave their past firmly in the past.

By Helen (name changed to protect identity)

 

A comment from Unlock

Helen’s story demonstrates the barriers that a person with a conviction can face, particularly when trying to travel abroad to certain countries, even though their conviction may be historic. We would always recommend that you obtain your visa before you book your flight, as you could suffer financially if your visa is refused.

Useful links

  1. Comment – Let us know your thoughts on this post by commenting below
  2. Information – We have practical self-help information on travelling abroad
  3. Discuss this with issue – There are some interesting discussions on travel on our online forum.

I was told that my historic convictions would stop me working in a prison, but is that really the case?

Like many people who’ve had personal experience of the criminal justice system, Victoria wanted to help others who found themselves in a similar situation to the one she’d been in. Sadly, she discovered that the Prison Service were more likely to consider her historic convictions rather than judge her on her skills and experience.

 

I applied for a job as a functional skills tutor working in a privately run prison. The interview went well and later in the day I received a call to confirm that I had the job. Great! Or so I thought.

I needed an enhanced Disclosure and Barring Service check and the education department at the prison also sent me a security vetting form to complete. I have convictions from twenty and forty years ago and I knew that I would have to disclose them but as I hadn’t received any prison sentences or been barred from working with children or adults, I assumed at that stage that I wouldn’t have any problems.

I’ve done a lot of voluntary work with children,helping them with their literacy and numeracy skills and I’ve worked with people suffering from dementia and alzheimers. I thought this would increase my skills and knowledge and would improve my chances of getting into paid work.

As I read through the very long, detailed and complicated security vetting form from the prison, I thought it might save a lot of time if I spoke to the education department at the prison and tell them about my previous convictions. The lady I spoke to at the prison told me that in her experience she was 80 – 90% sure that the job offer would be revoked as a result of my convictions. I therefore decided not to put myself through the ordeal and withdrew my application.

Having had my confidence knocked, I was very anxious about applying for other jobs. Eventually I was offered a job as a tutor at a private language college. I disclosed my convictions to the manager during the interview and she was a lot more relaxed about them, especially as they were so historic. Despite getting the job, things didn’t really work out as I had expected (for a variety of reasons) and I resigned.

My experiences over the last few years have left me in a really bad place. I can’t seem to stop crying and just can’t cope with anything right now. I’ve seen my doctor and been put on anti-depressants which I’m hoping will help me.

I’ve tried so hard over the past 7 years to get a job. I’ve re-trained as a foreign language tutor and took other qualifications not thinking at the time that I would have any problems getting into this type of work.

I love teaching English as a foreign language and I’m good at it. I have the skills and abilities to be a great teacher and could have easily done the job in the prison. Unfortunately from what I’ve heard, the system doesn’t seem to want me.

By Victoria (name changed to protect identity)

 

A comment from Unlock

We’d always encourage people to apply for any job which they believe they have the necessary skills and experience to do. If you want to find out whether your criminal record will affect your chances of success, make sure that you speak to the relevant person within the organisation, for example an HR Manager. Although Victoria was told by a member of the education department that there was an 80 – 90% chance of the job offer being revoked, she may have found herself in the 10 – 20% that was successful.

Useful links

  1. Comment – Let us know your thoughts on this post by commenting below
  2. Information – We have practical self-help information on prison vetting
  3. Discuss this issue – There are some interesting discussions on specific occupations and professions on our online forum.

Driven to suicide as a result of an enhanced DBS certificate – the problem with the disclosure of police intelligence

I head up an information and advice line for a small network of youth groups in England and Wales and often hear from young people who are facing problems as a result of the ongoing effects of their criminal record. I recently dealt with a particularly tragic case and thought that it was important to share the details.

 

Ann (not her real name) was a decent, lively young lady who always wanted to work with children. After leaving school she went to university, got her degree and set about getting herself a job. Very quickly she found something that she thought was very interesting with good prospects for promotion and which involved working with children in care.

She got the job and was told that she would need an enhanced Disclosure and Barring Service check. She was told that strictly speaking her employers should be in receipt of it before she began work but ‘because she was a woman’ she could start the following week providing she applied for her criminal record check immediately.

Several weeks later her DBS certificate arrived and on it, disclosed under the ‘additional information’ section was her Penalty Notice for Disorder (PND) for a public order offence. Ann had received this whilst she was at university and on a night out with three of her fellow students. On their way home, they were all pretty merry but certainly not drunk or disorderly. As they approached the city centre they passed two men who started looking them up and down and seemed to be ‘sizing them up’. Both men were dressed in black trousers, jackets and black baseball caps and Ann had a strange feeling that they might be undercover police officers so jokingly as she walked past them, she made a pig-like noise.

Unfortunately, her instincts were absolutely right, they were indeed police officers. One of them grabbed Ann’s arm and told her that she had committed a public order offence by ‘making a pig-like noise in the vicinity of a police officer.’ They told her that if she accepted a Penalty Notice for Disorder (PND) and a fine she would avoid having to go to court. Believing that this was her best option, Ann accepted the PND.

Ann thought that was the end of the matter but of course as her enhanced DBS certificate was to show it most certainly was not. When she took the document to her employer, they told her that she’d acted dishonestly in not disclosing the PND and she was instantly dismissed. Ann was absolutely shattered and spent the following week shut away in her bedroom. Working with children was all she’d ever wanted to do and it seemed to Ann that as a result of a silly mistake, her dreams would come to nothing. She hadn’t been deliberately dishonest, she just hadn’t realised that this would show up on her DBS certificate.

Two weeks later she took her own life.

The coroner was aware of the full facts of the case but Ann’s parents asked that the information about her police record not be published in the press as it would bring disgrace on their deceased daughter and their ‘upstanding family’. Their wishes were respected but this means that the public will never know of the outrageous happenings that caused Ann to lose her job and in turn take her own life.

Ann died a tragic death because she made a pig-like noise. Her punishment was no mere slap on the wrist; it was a death sentence.

By Rev. Geoffrey Squire

 

A comment from Unlock

We hear from many young people who have accepted PND’s, cautions etc without having the ongoing affects fully explained to them by the police. Many don’t realise that it may have an impact on their job prospects in the future and, as we have seen from Ann’s story, have tragic consequences.

Anything disclosed by the police as ‘additional information’ needs to be deemed relevant and proportionate to the job that an applicant is applying for and since 2012, when statutory disclosure guidance was introduced we’ve seen a significant decrease in the amount of ‘additional information’ being disclosed. If you think that the police are likely to disclose additional information on an enhanced check then we would always recommend that you contact the police force involved and ask them to give you the opportunity to appeal against it’s disclosure.

Ann’s case once again demonstrates how risk averse some employers can be and don’t always take the time to properly assess an individual’s criminal record. They will often make assumptions about a person without finding out more about the circumstances surrounding a situation. We will continue to work with both employers and government to ensure that employers have fair and inclusive policies and procedures that support the recruitment of people with convictions.

 

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Sacked again! – Why can’t employers see beyond my past and just give me a chance to prove I’m a different person

Starting a new job is always a stressful time, certainly until your probationary period is up. But imagine how much worse it is to be constantly looking over your shoulder, worried about people finding out about your criminal record (even if you have disclosed it to your HR department). Todd knows just how that feels. 

The day begun like every other day. After breakfast and a shower I had a pretty good 30 minute commute to work and was at my desk with plenty of time to spare.

The day was fairly uneventful until just after lunch when one of my managers tapped me on the shoulder and asked me to finish off what I was doing as he needed to have a quick word with me. I knew immediately that something was wrong – I could smell it in the air almost.

I finished what I was doing and followed my manager into the small ‘boardroom’ at the back of the building. As I walked in I could see another two senior managers sitting at the desk and I was asked to sit down. They explained to me that they’d just received my criminal record check and as a result of the information disclosed on it, they were going to have to terminate my contact. I tried to explain that I’d disclosed to the HR department at the interview and they didn’t seem to see my conviction as being a problem but my explanation fell on deaf ears. The managers weren’t interested in what I was saying, they’d already made up their minds. I was a problem they didn’t want to have to deal with.

I was asked to hand over my name badge and told that I should go and collect all my personal belongings. My manager came with me and stood over me whilst I gathered my things together and he then pretty much marched me out of the building. I could see my colleagues starting at me wondering what on earth was going on.

Over the next few days a couple of the guys from work sent me text messages and one rang to find out what had happened and make sure that I was OK. I tried explaining that I had to leave due to some personal problems but as I wasn’t able to give more details, I’m not sure whether the guy believed me or not. It was good that he’d taken the time to ring me though.

As the days pass, I start to reflect on what’s happened and reality hits. In the 5 months that I’d been with the company I’d worked so hard to prove myself. I’d always arrived early and I’d stay late when I needed to and I fitted in well with my colleagues. But my managers didn’t judge me on my work or attendance, just on my background. You see I’m a person with a conviction for a sexual offence and this employer (like others before) just can’t see beyond this.

Explaining the circumstances surrounding my conviction just makes it sound as though I’m making excuses and I really don’t want to do that. I don’t want sympathy. I know what I did was wrong, I’ve faced up to my offences and now just want to live an ordinary, quiet life.

As the weeks go by, the people that initially expressed their concern stop contacting me. I know the sort of gossip that spreads round the workplace and although I’m disappointed in my colleagues I do understand. I try to tell myself that life goes on but I’m hurting so much inside. Thoughts of self-harming surface and I start to think that I’d be better off dead. I’m not sure that I’d be brave enough to take my own life and I know that I’m just reacting to a situation. I’ve been through it before and I know that I’ll come out the other end.

So today I’ve been back to the jobcentre looking for a new job and hoping that my next employer is able to see beyond something that happened a long time ago and shouldn’t totally define who I am.

By Todd (name changed to protect identity)

 

A comment from Unlock

Getting a job with any type of conviction is difficult but can be even more so if you were convicted of a sexual offence. Employers often worry that employing somebody with a sexual offence will be brand damaging together with the effect on the workforce if they were to find out.

As part of our Fair Access to Employment project we believe that as well as changes in government policy, employers should develop more proactive and positive business practices when dealing with the recruitment of people with a criminal record irrespective of the type of offence.

 

Useful links

  1. Comment – Let us know your thoughts n this post by commenting below
  2. Information – We have practical self-help information on disclosing criminal records to employers
  3. Discuss this issue – There are some interesting discussions related to disclosing your criminal record on our online forum

What’s the right chemical formula to getting a place at university?

Despite proving that academically she’s capable of studying for a chemistry teaching qualification, Paris’ conditional university offer was revoked after the university’s criminal records panel felt that court transcripts given to them didn’t provide enough information to allow them to adequately risk assess her. 

 

In 2015 I received a suspended sentence for the transportation of illegal immigrants across an EU border. I was in a really bad place at the time having fled the UK with my two children after being a victim of domestic violence at the hands of my ex-husband. I committed the offence under duress and I’m pretty sure the judge believed this to be the case as was reflected in the sentence I received.

Six months ago I applied to university to study for a qualification to teach chemistry. I disclosed my conviction and was delighted to hear that I’d been given a conditional offer. I was told that I needed to apply for an enhanced Disclosure and Barring Service check which I was asked to take to the enrolment day.

On the day my course started I was called into a meeting with the course director and told that my DBS certificate had flagged up a serious conviction which he needed to investigate further. I was shocked that this hadn’t been dealt with sooner but more than happy to provide him with anything he needed to help him make a decision about my future study.

He asked me to provide a statement of the circumstances surrounding my offence and also for a character reference – I gave him both. Sadly he didn’t feel that this was enough and asked me to provide him with the court documents which again, I did. I was then told that it would be necessary for an independent panel to review the documentation and make a decision.

All the time this was going on I was studying hard, doing my homework, making friends and I was really motivated to succeed. In mid-September I was told that the university were withdrawing the offer as the panel didn’t feel that the court papers I’d supplied provided enough information to adequately back up my story and allow them to properly risk assess me. He told me that I would always face this problem and it was unlikely that I’d be accepted by any other teacher training provider.

I was humiliated, heartbroken, devastated and livid all at the same time. I’d been honest from the beginning and I’d worked extremely hard and achieved so much already as a single mother fighting my way out of poverty and an abusive relationship. I’m passionate about teaching and making chemistry accessible to all especially those students with special educational needs.

The university has not only shattered my dreams but the dreams of everyone who has been supporting me through my difficult journey. My children’s school provided me with 10 hours of childcare, allowing me to pay them when my childcare grant came through. A local charity gave me some money for a further 2 weeks of childcare so that I could complete my chemistry and physics practicals.

When my fellow students found out what had happened they started a petition. My tutor burst into tears and said she would see what she could do to help but none of this did any good. In fact, when the university found out about the petition my classmates were told not to aggravate the situation any further!

I’m currently in the process of appealing the university’s decision but I’m not feeling particularly confident. I don’t want the university to do me any favours, I’ve already shown that I’m good enough to be offered a place now I just want the opportunity to get on and study and make a better life for myself and my children.

By Paris (name changed to protect identity)

 

A comment from Unlock

Sadly Paris’ story is not unusual with many universities being very risk averse towards people with a criminal record. There is no evidence to suggest that students with a criminal record commit more crimes on campus than those without a criminal record.

We believe that universities should judge applicants on their previous academic achievements and experience and we are working with and encouraging UCAS/universities to amend and improve their application processes.

We are supporting Paris with her appeal and we hope to provide a positive update soon!

 

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“You’re fired!” – Losing my job after my spent conviction came to light due to my own honesty

A core aim of any criminal justice system must surely be to stop people re-offending. We know that getting people back into work helps with this. However, as Phil’s story shows, employers are not always so open to taking people on once they know that they have a criminal record, even if it’s now ‘spent’.

 

When we consider what is needed to help those with criminal convictions move forward in their lives, time and time again we hear that the most important factor is having a job. There are many advantages to the individual, not only the obvious financial stability but also helping the individual to feel a sense of belonging, taking responsibility, gaining a sense of purpose and the creation of social relationships. It’s so clear that being in employment is a no brainer as there are so many positive advantages for both the individual, the employer and society. Regrettably we so often come across employers who continue to display discrimination and prejudice. The Rehabilitation of Offenders Act 1974 was an attempt to remove some discrimination by employers and amendments made to the Act in 2014 reduced the rehabilitation periods after which certain convictions could be classified as spent which should have given a clear, positive message to employers.

Yet one has to wonder just how many employers are fully aware of their legal obligations and how many are still actively continuing to discriminate against those with convictions either unspent or spent and how committed the government is to the Act.

This hit home to me recently when after eight months of full time employment I was dismissed for gross misconduct. I was denied any notice or pay in lieu of notice and was escorted from the building without being able to return to my desk to say goodbye to my friends and colleagues! Most people would assume that I must have done something wrong to warrant such draconian action? But it would appear this is an all too common happening around the country. The reason given for my dismissal was that I:

Have been convicted of a criminal offence that in the Company’s opinion may affect their reputation or its relationship with its staff, service users or public, or otherwise affects the employer’s suitability to continue working for the company.”

At the time of my dismissal I had a spent conviction but I had declared it on my application form as, at the time of applying, it was unspent (it became spent one day before the job interview). I wasn’t asked about it either at interview or in the months that followed when I attended a further two interviews for promotion. I felt this was fair and correct as I’d only applied for jobs which I knew afforded protection under the Rehabilitation of Offenders Act. My interviews for promotion were successful and I was promoted due to my ability, exemplary work, time keeping and attitude. I was judged on present merit not on something from the past.

So you can imagine my horror when one morning without any warning I was summoned to a meeting room and found myself being questioned by the HR manager because they had ‘discovered’ the ticked box on my original application form. It would appear the earlier lack of interest in my conviction was not due to good practice as I’d first though but simply an oversight.

I guess this shouldn’t have come as a surprise as since receiving my conviction abroad six years previously, I’ve struggled to move forward with my life and in particular, to find my way back into employment. This hadn’t been due to a lack of motivation or effort on my part or even an unwillingness to resume a constructive place in society but rather the preconceived attitudes of the state, employers and organisations towards people with criminal convictions. Despite what is said by the government the reality on the ground is very different and what happened to me will never show on any statistics.

All my friends and family have told me how wrongly I’ve been treated so I wrote to the company’s Managing Director in protest and he agreed to meet me with the HR director so that I could appeal the decision. For me this was well within my capabilities but I can imagine many would be daunted by having to enter the Dragon’s Den for a second time, confronting two main board directors of a huge company employing about 3000 employers. I was 100% focused as clearly they’d not only breached the ROA but were also in breach of contract for not paying me in lieu of notice. Despite this it was a hard and stressful face to face fight just to achieve my basic entitlements under employment legislation. There was no apology for the appalling way the company had treated me nor for the stress I’d suffered or the financial problems that losing my income would cause me. I was viewed as a nuisance, wasting their time. They had no choice but to agree to pay me in lieu of notice and remove the gross misconduct allegation however the dismissal still stood! As I was within the first two years of employment I couldn’t go to a tribunal for unfair dismissal and indeed as such proceedings are often reported in the media would be a big deterrent for most people. I’m sure there are many who would not be prepared to take this risk.

I will move forward, disappointed but stronger for my experiences. I have become used to my life being a game of snakes and ladders but one has to wonder just how many knock backs can a person take.

By Phil (name changed to protect identity)

 

A comment from Unlock

Phil’s story sadly demonstrates the attitude of a lot of employers which is that despite offering him two promotions based on his exemplary work and attitude, they were unable to see beyond his criminal record once they became aware of it. Unlock see this on a regular basis and is why we work on fair access to employment, supporting and challenging employers in how they treat people with convictions.

 

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A life sentence can sometimes be just the beginning of a new life

Oscar was released from prison in 2001 having served 10 years of a life sentence. In his opinion, the increase in criminal record checks and the fact that employers have become a lot more risk averse over recent years means that it’s a lot harder to find a job now than it was 15 years ago.

 

I was convicted of murder in 1990 and served a 10 year sentence. Instead of getting bogged down in prison with petty activities, I used my time in a constructive manner and enrolled on many courses as well as applying to do an Open University degree. I achieved many qualifications and a degree in psychology prior to my release and I saw these as my tools to face the outside world and be instrumental in helping me open a few doors.

I was released in 2001 on licence, moved in with my family and immediately started applying for jobs. I applied for over 400 within a six month period but to no avail with the exception of 7 replies stating:

“Sorry you have not been successful on this occasion.”

I was not only disheartened, I was demoralised with the fact that I was willing to offer my skills and was only seeking a fair chance on an equal footing.

Whilst applying for jobs, I worked as a valet operator, motor mechanic assistant and any odd job I could lay my hands on. But these were not the occupations I was interested in. I wanted a job comparable to my skills, knowledge and the desire to help others develop. At that time it seemed like a distant dream but I never gave up and became more focused using targeted applications. It was not easy and with every day that passed without success the struggle became insurmountable.

Hey presto! My perseverance paid off. I was invited to attend an interview by a local training provider for an Office Administrator position. I was asked about my skills and knowledge, all aspects of my conviction, my attitude and outlook on life etc. Even before I got home, I’d received a telephone call offering me the job. I worked for the company for 12 years and during that time was promoted several times to eventually become their Education Manager.

I helped many disadvantaged and vulnerable individuals and taught local college students and staff from Council’s, colleges and local businesses. I had access to all kinds of databases and personal information and worked hard to overcome the occasional discrimination and barriers which came up as a result of my criminal record. However, these oddities are part of life and one has to face them with dignity and use them as a fuel to step forward.

Unfortunately the company I was working for closed down as a result of funding cuts from government and I was made redundant. I started applying again for other jobs armed with the fact that not only had I put my conviction behind me but I had also gained significant experience and up to date knowledge with a reputable organisation.

I applied for 25 jobs in 6 months and attended 15 interviews. I went on to receive 6 job offers which were all withdrawn for different reasons – “pre-employment checks were not satisfactory”, “difficult for our partners to get security clearance” and “offer withdrawn on the advice of our HR department”. At no time did I withhold information about my conviction and I was always willing to discuss it at the interview.

Having been signing on for a while, the job centre decided to refer me to the Work Programme because I was struggling to find a job. The first thing the Work Programme advisor told me was to attend an Entry Level 3 course to learn how to write a CV and fill in application forms. This was regardless of the fact that my CV showed that I had previously designed and taught such courses myself. When I challenged the advisor he told me that I needed to be realistic about my prospects and it is a requirement to attend the courses or be sanctioned. I chose to sign off instead of being demoralised and diminished due to their inability to support me.

I have not given up yet and have started work on a self-employed basis and exploring other options such as being a trades-person. Before signing off benefits and starting on this journey I knew that I had to be prepared to face financial and emotional hardship. Work is scarce and hardly any money has been coming in for the last 6 months. But my wife and I do a bit of catering for small parties to make ends meet.

We live in a society whereby ordinary people are faced with severe hardship and have to rely on foodbanks to survive. It is all about survival of the fittest and that means the choice is ours to define and shape our level of fitness by making difficult and challenging choices.

By Oscar (name changed to protect identity)

 

A comment from Unlock

Oscar’s achievements since his release from prison 16 years ago begs an important question – what value is there is making him continue to disclose his past offence to potential employers? Yes, it was a very serious one, but he has clearly changed his life. Under the current rules, his conviction will remain “unspent” for the rest of his life. 

Stories like Oscar’s is why we are pushing for fundamental reform of the Rehabilitation of Offenders Act 1974, and why we believe there needs to be a way to seal criminal records. 

 

Useful links

Employment embargo – Why does the prison think employers are ‘unsuitable’ and refuse to let me work?

Having worked his way through the prison system, Mo is struggling to understand why the prison service continues to refuse him permission to work for certain employers without explaining their reasons why. 

 

During the time I’ve spent in prison, I’ve had a variety of ‘jobs’ – sorting rubbish, working in the print shop, even packing headphones. The worst part of being in prison is the boredom so being out of your cell and working helps to break up the day.

As I went through the prison system I believed that a move to an open prison would enable me to start doing ‘normal’ things – going home every now and again to see my family and get a job. Having served a long sentence it was important to me that I was able to start reintegrating into society whilst still being ‘protected’ by the prison.

As soon as I moved to open conditions, the prison were really on the ball, sorting out my home leave within a couple of months and setting out opportunities for work. Having been told that I needed to do a certain amount of voluntary work before I was able to apply for paid work, I asked the officer in charge of that department to put my name forward for anything and I was soon volunteering at a local charity shop.

I can’t tell you how amazing it made me feel. It gave me a reason to get up in the morning and really boosted my confidence and self-esteem. My work colleagues were great and had no problem with the fact that I was in prison – a couple of the ‘girls’ (they’re both in their late 70’s) even brought me home made lunches as they were worried that I wasn’t eating properly.

Life was great and I had no reason to believe that the next step into paid work wouldn’t be just as easy. Sadly this was not the case. If you don’t know the system for getting paid work whilst in prison then put simply, once you’ve been offered a job, the prison have to carry out checks to ensure that you’re suitable to be released daily to go to a paid job and that the company you’ll be working for are reputable and suitable. If all’s good, then the prison provide you with a licence which allows you to leave the prison on a temporary basis to go to work.

To date, I’ve been offered three jobs, all working as a junior mechanic in the car trade. Although the prison are happy for me to do this kind of work, every one of the employers has been turned down by the prison as ‘not suitable’. The prison won’t tell me why and more worryingly, they won’t tell the employers either. Without knowing the reasons behind their decision, I’m unable to address any concerns the prison has. The employers just seem to assume that I haven’t been honest with them and believe they’ve had a lucky escape.

Please don’t think I’m the only one that this is happening to – I’m not. Not a day goes by without somebody on my wing moaning about the loss of a job because an employer has been rejected and I find it hard to believe that there’s something wrong with all of them. It’s hard enough finding work with a criminal record and I know that one of the company’s that offered me a job only did so on the basis that they had the security of going back to the prison if I caused them any problems. I wasn’t worried about this as I knew that I’d be able to prove myself to them in the time I had left in prison.

I don’t have a date for release yet but it’s probably at least 18 months away. Going out to work during the time I’ve got left will enable me to save money so I can pay back the friends and family who’ve helped me whilst I’ve been inside. Knowing that on the day I leave prison I’ll have a job to go to is one less thing for me to worry about as I learn to live as a free man again.

I continue to volunteer at the charity shop and try to stay motivated but some days are harder than others. On the days when I’m feeling down and fed up one of my ‘girls’ will bring me a cup of tea and a chocolate digestive – I suppose I’d miss that if I was working in a garage!

By Mo (name changed to protect identity)

 

Useful links

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

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