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For people with criminal records
For people with criminal records

Story Type: Struggles & Stigma

“Let me put that in writing” – Why you should always confirm your criminal record in writing what you’ve said verbally

Reception pictureBack in 2011, I was arrested and charged. As a result of this, I lost my job and fell into deep despair. Anxiety issues followed and ultimately depression took hold. I was lucky that I still had my close friends and family for support but I struggled with guilt and couldn’t really cope.

Two years later, my case went to court and I was sentenced to a prison sentence and served three months inside. Prison is a depressing and demoralising place yet somehow I managed to get through my sentence.

On release, I decided to move away from the area I’d lived in pre-prison and started searching for work. I decided that I could do with building up my self-confidence and I needed something to get me out of the house, so I thought about volunteering whilst I looked for paid work. I applied to a well-known charity and with some trepidation, disclosed my conviction to the manager at the end of the interview. She totally empathised with my plight, offered me a role there and then and I started volunteering pretty much straight away.

I thoroughly enjoyed volunteering, I felt that not only was I making a real difference to the lives of the people I was supporting but I was helping myself as well. Volunteering gave me a sense of fulfilment and self-worth. However, I wanted more for myself, not least financial security and so, all the time I was volunteering I continued to apply for as many paid jobs as I was able to.

Eventually, I was offered a job interview for a receptionist position in a large hotel. I was really excited but also incredibly nervous. I’d been out of work for a long time and now had the added complication of having a criminal record. The interview was going well and I took the opportunity to disclose my conviction to the interviewer. I’d always hated this part of any interview but I knew it had to be done and for me, it was better to do it sooner rather than later. Another two interviews followed with different members of the hotel management team where I was asked for more information about my conviction. Although they weren’t very comfortable discussions, I took the view that if it helped management get to know me better and have an understanding of my conviction and how it came about, then it might improve my chances of getting the job.

When I received the telephone call telling me that I’d been successful, it felt as though an enormous weight had been lifted from my shoulders. I really appreciated the fact that the hotel had given me this ‘second chance’ and I thanked the hotel manager personally for his faith in me.

Fifteen months passed and, as a result of my hard work and willingness to go over and above what was expected of me, I’d become a well-respected and valued member of the team. My criminal record was never spoken about or referred to.

Then out of the blue, I turned up for work one night and was asked to go and see the new Operations Manager and the Assistant Operations Manager. Immediately I walked into the office I was handed a letter and told that I was being suspended until further notice as ‘the hotel had been made aware of my criminal record which I’d lied about to gain employment’. I couldn’t believe what was happening and I tried to explain that I’d made a full disclosure at my initial interview and had also had follow-up discussions where I’d provided additional information. I made my way home totally distraught.

As the hotel undertook its investigation into the matter I was invited to three separate meetings where I was provided with copies of written statements which had been given by other managers at the hotel and colleagues. The basis of the disciplinary seemed to be that:-

  • I hadn’t disclosed my conviction prior to accepting the receptionist job (when asked, the previous Operations Manager who I’d disclosed to refuted my claim that I’d disclosed);
  • I had supplied the hotel with a reference from a previous employer who they believed to be a friend (in actual fact I’d provided the hotel with two different references and although one of my referees had become a friend, I’d also worked for them).

I assisted the hotel fully with the investigation and discovered that my original disclosure had never been documented by the hotel’s HR department. As far as I was concerned, I’d disclosed verbally and it never dawned on me that I should put something in writing. So, even though the hotel couldn’t prove that I hadn’t disclosed, I couldn’t prove that I had.

The outcome was inevitable I suppose – I was dismissed, and there was nothing I could do about it. I couldn’t even take the case to an employment tribunal as I’d been employed for less than 2 years.

Six months on, I’m back volunteering, applying for between 10 and 20 jobs a week. I now have another problem to deal with, answering the question ‘have you ever been dismissed?’.  It’s so disheartening and it can be difficult to stay positive but I’m just about managing to keep my head above water and staying strong.

I’ve learnt a lot from this experience and I’m sure that many employer’s and anybody else reading this could learn something too, namely:

  1. The person with the conviction isn’t necessarily the one that’s dishonest
  2. Whatever you disclose verbally, make sure you back it up in writing – you never know when you might need it.

By Bradley (name changed to protect identity)

 

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When is enough, enough?

Builder

From the age of twenty, I trained with The National Trust specialising in the repair of old buildings following which, I began my own building business. At the same time, I sang both at amateur level and professionally as a tenor in various local operatic companies.

In 2003 I started a restoration company restoring old buildings and also completing some new work. As I grew up on a council estate; my mum was a cleaner and my father a labourer on building sites, I really started with nothing, but by the time 2005 came I was employing nearly twenty people and had built myself a property portfolio of three houses. I was working day and night, as do many others.

In 2007 the recession came along and I was threatened with losing everything. I tried desperately to keep my business afloat and my employees jobs safe but, after trying all I could to keep things going I ended up borrowing money from loan sharks. Eventually through the bullying and pressure from them on me and my family, I was bullied into talking two investors in to investing money into my business; the outcome of this was that I was convicted of fraud and sentenced to 15 months imprisonment.

When I was released from prison in 2010 my family was on its last legs. My wife and children were living with my mother and father in their two bedroom bungalow which was due to be repossessed.

I went to the job centre and was offered £6.00 a week due to the fact that one of the houses I owned was not yet sold and they deemed it an asset. So I went home, filled a ruck sack full of my father’s DIY tools and walked the streets looking for work. Eventually, I got some work hanging fire-doors five miles from my house which I walked to every day carrying my tools. My family was in such a bad financial situation that most days I didn’t eat all day.

After 6 months I was making arrangements with everyone I owed money to, my nan and grandad (now passed on), managed to get together £450 for me to buy a car. Never having any driving offences or convictions, much to my surprise, I could not get insured and had to have ex-offenders insurance which cost me £3300 for a £450 car.

Onward and upwards, I carried on and paid back in total nearly £240,000 working day and night. By the time we arrived in 2015 I had paid as much as I could, had sorted out my parents’ financial situation, and moved with my family into a rented property where we are extremely happy after years of all living in one room. I now employ two people and have an apprentice who qualifies later this year, even though I cannot get the government funding for him, as having a past criminal conviction, I still can’t obtain any employers liability insurance that costs less than I would receive in funding.

In March last year I volunteered myself and my men to help on a television programme. The production team were so impressed with what I did that I was offered a job as Build Manager for another programme; a job which I threw myself into. Through my hard work I was then offered a contract on the show for a whole year which I was delighted to accept. There was even mention of contracts for other shows too.

I was away filming for two weeks and on returning home one night, was greeted on the doorstep by reporters from various newspapers. Apparently, a local newspaper had received a tip off about my previous conviction and had printed a story about me in the paper. This article fairly quickly led to my contracts with the television show being cancelled, despite huge protests from the many volunteers I had worked with. In the end, these protests counted for nothing and I was dropped like a stone.

A close customer of mine was so upset by my treatment that they wrote to the Princes’ Trust explaining my story. They referred me to Unlock.

I just want to ask when is enough, enough? Having gone through the prison system, I know that they sew a safety net under you right up until the day you are released. At that point it’s immediately taken back so somebody else can use it and you’re left with no promised support from anyone at all.

I’ve applied to many other business organisations and have met the same brick wall every time. Even now, after repairing my credit I still cannot get any financial help anywhere. How does anyone else who does not have my amount of grit, determination and tenacity, get back on track in this life following a situation like mine? There must be so many people with so much talent and skill out there in similar situations that are just left at the bottom of those same brick walls that I have been.

What is anyone in our great United Kingdom doing about this?

 

By Alex (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 information on self-employment and reporting of criminal records in the media for people with convictions on our information hub.
  • Discuss this issue – There are some interesting discussions related to employment from people with convictions on our online forum.

Why can’t my childhood mistakes be left in the past?

Like may teenagers, I suffered at the hands of the school bully and like many teenagers, the day came when I finally decided that enough was enough and retaliated. The result was a fight in the school playground when I was 15 years old.

The police were called and I was taken to the local police station. The police officer dealing with my case listened to my side of the story and seemed genuinely concerned about me. He suggested that the best thing would be for me to accept a warning for assault occasioning actual bodily harm. He told me that if I did, I’d be able to go home quickly, wouldn’t have the hassle of going to court and in any case, it would be wiped from my record when I was 18. It seemed the best option at the time. The year was 2003 and I’d never been in any trouble before and I’ve not been in any trouble since.

I put the whole thing out of my mind and started to concentrate on my future.

My troubles only really started in 2010 when I decided that I wanted to work in healthcare. I’d received an offer from one of the top universities in the country but, once the university received copy of my CRB (now a DBS) certificate, they revoked the offer.

Desperate to get work, I looked to go into the security industry but found it really, really hard to get my SIA badge. Initially I was rejected but, a very supportive employer wrote a fantastic letter of support and I eventually got my badge. I went on to work at some very high profile events.

As a caring individual, I knew I couldn’t give up on my ambition to be a nurse and decided to go through the university’s appeals process. This was the first of many times that I’d have to write out a disclosure statement explaining to an interview or risk assessment panel how I’d ended up with this warning on my record. Disclosure has never gotten any easier for me – each time as traumatic as the first because it takes me back to a really bad time in my life that people just won’t let me move on from . Thinking back to what was going on in my life back then reduces me to tears.

I worked really hard, finished my nursing course and started applying for jobs. I always disclosed my warning on application forms and there were many times when I never heard anything back from an employer. I’ll never know whether it was because of the warning or because there were other more suitable candidates.

Eventually, I received a job offer. I had to write another disclosure statement which was read by so many people – people that I would potentially have to work with!! I had to have a further telephone interview with my manager where I had to explain the warning all over again. I think the process took about five months in all but eventually I thought I had things settled.

Sadly this was not to be the case. As well as my main job, I wanted to apply to join the hospital’s ‘bank list’ which would have enabled me to do overtime shifts around the hospital. Yet another application form asked me to disclose details of my criminal record which I was asked to complete and leave in my new manager’s mail tray (on her desk) ready for her to sign off. I was extremely worried about who would potentially see this form and concerned that my personal information was not being more carefully protected.

After yet another discussion about the warning, my manager refused to sign off my application form stating that she ‘didn’t think I was ready for this’. However, I knew that several of my co-workers (who had considerably less experience than me), had been signed up really quickly and were already doing overtime shifts.

Over time, I’ve noticed how differently I’ve been treated from my co-workers and how my manager rarely makes eye contact with me. Sometimes I’d like to shout out

Just because I’ve got assault on my record, doesn’t mean I’m dangerous

Recently I applied for a job with another nursing agency and as usual, disclosed my warning on the application form. However, once the agency had reviewed my references and my DBS certificate, the job offer was rescinded.

I’m now at the point where I feel employers and agencies only offer me interviews to stop them being accused of discrimination. However, once they see details of my record in black and white, my CV/job offer goes in the bin.

The Government talks about rehabilitation but never stops to consider why re-offending rates are so high. I’ve really struggled to move on with my life because something I did as a child is always hanging over my head. It’s been over 12 years since that stupid fight in the playground but, because my offence is a violent one, it will never be filtered from DBS certificates and will stay with me for life.

 

By Helen (name changed to protect identity)

 

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Is a caution really a ‘slap on the wrist’? – Not if you need a Police Certificate

I have, on rare occasions, recreationally used small quantities of ‘soft’ drugs, though less so as I’ve got older. I’m a professional, hard-working, and otherwise an entirely law-abiding citizen with no so much as a parking ticket.

However, in 2011 I became a criminal and will be deemed as such until my 100th birthday. I attended a music event and, wishing to relive my youth, I accepted a single tablet of ecstacy from a friend prior to entering the event. Having second thoughts about consuming it, I put the tablet in my pocket with the intention of returning it later. On entering the event, I was met by a line of policemen and sniffer dogs and was arrested. I was advised to accept a caution, as it was ‘only a slap on the wrist’ and ‘a first warning’. Taking this advice on board, I accepted the caution.

In the years that have followed, the implications of accepting that caution have been life changing. In short, my criminal record has done more harm than any drug use came close to.

It has emerged that a police caution is far from a mere ‘slap on the wrist’ or ‘first-time warning’. It isn’t even, in a literal sense, ‘a caution’. It’s a permanent record with lifelong, debilitating consequences.

It’s a relief to see that a review of the Disclosure and Barring Service disclosure system has moderated the effects of a caution with some minor offences now being eligible for ‘filtering’ from DBS certificates. This is of course dependent on the seriousness of the offence and the time elapsed.

However, what seems to have been overlooked is that criminal records, no matter how minor, are NEVER filtered from Police Certificates. These checks are almost always required for visa applications or foreign employment (in fact, foreign employers can’t request DBS certificates), with no legal limits on who may request these outside of the UK.

So how has my caution impacted on me?

Since receiving the caution, I got married. My wife is American and I sought to visit the USA with her. With a criminal record on a Police Certificate, tourist entry to the USA requires that I apply in advance for a visa. I’m well aware that the US itself has no access to PNC records and  that many ‘advise’ to simply not declare minor offences, as you will almost certainly be admitted through US customs. Not wishing to lie however, I applied for a visa in advance, disclosing my caution. My application was declined and I was effectively barred from entry to the USA.

I was recommended for a ‘waiver of ineligibility’ and assured that this would most likely be granted. I was told that it could take between 6 and 8 months and needs to be renewed every year. Whilst I’m grateful for this, during that process a far more serious issue emerged.

Despite my spouse being American, should we ever wish to move to the USA, I know I will find it incredibly difficult to secure employment. Therefore, as long as she is married to me, there is little likelihood that we would be able to go and live in the States. Whilst my marriage is currently solid, I have every expectation that this could ultimately destroy our marriage as it places an intolerable burden on my wife and any children we may have.

I’ve been seeking to use my qualifications and experience in international development to undertake volunteer work in various countries across Africa. All potential employers or visa issuers will require a Police Certificate. As these countries have little understanding of the purpose of a ‘simple caution’, to all intents and purposes, the contents of my Police Certificate appear no different from a custodial sentence or a more serious crime. As a result, I’m unlikely to be able to provide my services in these countries.

So for the purposes of foreign travel, even a minor offence and caution is far from being ‘a slap on the wrist’.

This is all the more striking as recent changes in the UK’s DBS guidelines mean that, in my case, from June 2017, my offence will not be visible on even an enhanced DBS certificate. Whether seeking employment or adopting a child, my DBS certificate won’t show my caution. That is to say, for even the most sensitive roles, my current offence history will be legally hidden as it will be considered irrelevant and myself rehabilitated.

Yet, for any foreign employment or visa application, I’ll be asked to provide a Police Certificate. There is only one form of Police Certificate and there is no filtering system available – it will either directly or indirectly (through a ‘No Live Trace’ statement), always indicate and provide details of my criminal record.

This seems to me a perverse double standard. I concede entirely that some elements of a criminal record may need to be visible for visa or employment purposes. But its frustrating that recent well considered standards and limitations to the provision of that information, agreed via the Supreme Court, are applied to interested parties in the UK but overlooked if requested by parties overseas.

Essentially, foreign employers, be they large corporations or small voluntary organisations, be I seeking to work in large engineering projects or helping build a village school, are granted complete access to my information that would be legally denied to those in the UK.

The issue of Police Certificates should be considered in parallel with the consideration being given to DBS certificates. Ideally, this would allow for some similar form of filtering arrangements to be applied to Police Certificates as are applied to DBS certificates.

 

By Lee (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 information on Police Certificates and travelling to the USA for people with convictions on our Information Hub.
  • Discuss this issue – There are some interesting discussions related to working overseas from people with convictions on our online forum

 

 

I disclosed, I was employed, then I was sacked?

I was convicted of assisting another person in claiming housing benefit.  I admitted the charge at the first opportunity and took full responsibility for my actions. I received a suspended prison sentence.

Although this resulted in a life changing turn of events, I have tried to stay positive. Up until my conviction, I’d always been a hard working, law abiding member of society. I was fully aware that gaining employment with a conviction would be difficult but I never gave up hope and chased every job I came across which I thought I might be suitable for.

Eventually, I applied for a part time customer services role. I was asked to send my CV and a week or so later, I received an email asking me to attend an interview. I prepared a disclosure letter and my Job Centre advisor had a look at it for me to make sure it was OK.

On the day of the interview, I was first taken to a room with a member of staff and asked to complete numerous forms one of which was an application form for a DBS check. It was explained to me that the DBS check would be an enhanced one, the certificate would be sent to my home and I would then be responsible for handing it over to the employer. I detailed my conviction on the form and handed over my disclosure letter at the same time.

The member of staff told me that all the completed forms would be placed in a sealed envelope and the only ones which would be opened would be the ones belonging to successful candidates. I asked her what my chances were of gaining employment and was told “it all depends on the person who opens the pack and whether they feel your offences are serious enough or not”. I was then taken into another room where I had my formal interview.

Two weeks passed and I received a phone call telling me that I’d been successful and that they would like to offer me a full time rather than a part time position. I was speechless. I had tried and tried for over a year to get a job and hadn’t even got as far as an interview. I felt my life had finally turned a corner and I could now move forward. Happy was an understatement to how I felt at that time. However, a few days before I was due to start work, I started to doubt the offer and I started to worry that my disclosure letter hadn’t been seen and that my new employers might not be aware of my conviction. I spoke to my friends and the Job Centre Advisor and they all told me that everything would be OK.

I spent the first three weeks training, getting to know systems and learning what was expected of me. I started to build up really good working relationships with my colleagues in my team and in the group as a whole. On my third week, I was made aware that there was a delay in DBS certificates being returned due to the large number of new recruits that the company were taking on. I was told that immediately I received my certificate I needed to take it in to HR so that I would be able to ‘go live on the phones’. Another two weeks passed and there was still no sign of my certificate and I was asked to track its progress online.

Every day I went into work I felt more uneasy and nervous especially as I’d never had any confirmation that my disclosure letter had been seen or been asked any questions by my employers about my conviction. I started to feel like a fraud around my work colleagues, I wanted to tell them about my convictions so they’d know the real me, but my friends advised me not to – they told me ‘its in the past, don’t let one mistake define you’. So I did nothing until the four remaining people who hadn’t received their DBS certificates were called in to see the Head of HR together with members of the senior management team. We were told that our contracts would be terminated immediately if it were found that we had been holding onto our DBS certificates, in the hope of getting a couple of extra weeks pay due to the non-disclosure of a criminal record. I felt sick to my stomach.

After the meeting I asked if I could speak to the HR Manager in private and I set out all my concerns and worries to her.  She told me that she would look into it and get back to me. I can’t describe my relief, finally I could relax and start enjoying my new job. A couple of days later one of the senior managers told me that the DBS were ‘rushing’ through my check and the company’s solicitor would then make a decision about whether I was able to continue in the role.

My DBS certificate eventually arrived on the door mat and I contacted my Line Manager to let her know that I’d received it. The next day I handed the certificate over and tried to find out how soon a decision would be made. As the day progressed, my emotions were getting the better of me and I approached my senior manager to ask if there was any news. Just before I left for the evening, she asked me if she could have a private ‘word’.

Once in the room, I was told that my contract was being terminated and that they would need to let me go immediately. I developed an overwhelming lump in my throat and couldn’t say a word, I just nodded as the manager asked me if I understood the reasons for their decision. I was asked to hand over my security pass and told that I would be escorted off the premises by a member of the security team. I have no memory of how I got home that day but as soon as I entered the house I broke down in disbelief.

Its been weeks now since this happened to me. I have slowly had time to process the whole ordeal. I really do think people should be made aware of how unfairly people with past convictions are treated. I was trying to rebuild my life and move forward, I was honest from the start but the outcome was I was made to feel as though I’d committed a further offence and being escorted off the premises by a security guard left me totally humiliated.

How is there any hope of gaining employment when this is the sort of treatment people with convictions face?

By Paula (name changed to protect identity)

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Universities – please do your homework!

I got a conviction about 20 years ago when I was young and foolish. Since then my life has completely changed, I’ve had good jobs, got married and have a family. Generally, I can put this bad period in my life behind me but from time to time I’m reminded that you can never truly escape your past.

Earlier this year, I applied for a great job at a local university. It was a non-academic vacancy which basically involved marketing the university to sixth form students who were interested in pursuing a course there. This usually involved standing at the front of a lecture theatre and setting out both the academic and social side of life at the university.

I didn’t disclose my conviction – it was spent and from what I’d read and the advice I’d been given, the job would only be eligible for a basic criminal record check.

I was offered the job and started work. I’d just begun to find my feet when I was called into HR and told that my DBS certificate had come back and there were concerns about its content (my spent conviction). I was told that I was being suspended for failure to disclose and that a date would be set for a disciplinary hearing.

I sought out the help of my union rep who suggested that prior to the meeting I get hold of my probation records which I knew provided a lot of positive stuff about what I’d achieved during my dealings with my probation officer. I also contacted Unlock. They felt that this role was not eligible for an enhanced level check and therefore the university were basing a decision on information they were not entitled to have. They gave me some good advice about how to track down my probation records and they also wrote a letter on my behalf to the university. They were really keen to help me get a positive outcome.

The stress, anxiety and worry at this time was horrendous and my relationship with my wife had started to suffer. It’s at times like this that you have to step back and consider what’s important. If I managed to keep my job at the university, would I be happy? Would the university be looking to find some excuse to get rid of me? Did I want to work under that kind of pressure, fearful that at any time I’d get another call to the HR office? I started to think that losing my job wouldn’t be the worst thing to happen but losing my family would be.

In the end I arranged a meeting with HR and offered to resign. They accepted my resignation and assured me that if I went down this route there would be ‘no stain on my name’. Great – end of fantastic job.

This experience really demonstrated to me that employers really don’t understand that as an ‘ex-offender’ once you’ve served your punishment, you should be able to live a normal life. A judge decides and enforces your punishment not an employer and having an old conviction shouldn’t mean that you have to remain constantly wary of the repercussions simply because an employer is failing to comply with legislation.

When I applied for the university job I thought I’d done my homework and knew what I needed to disclose but, be it intentionally or unintentionally, there are organisations who are carrying out ineligible criminal record checks and all the time this happens, more and more people could find themselves in the same situation as I did.

Resigning was a pretty low point for me but funnily enough, my experience at the university and the dealings I’ve had with organisations such as Unlock gave me a greater confidence and a new found moral strength. I’ve now decided to set up my own business and also to undertake study in a new professional field.

The career choices I’ve made were not something I’d ever thought I’d be doing but so far I have no regrets.

I’ve had quite a few dealings with Unlock since I first contacted them and I know that they are working very hard to change employers mind set’s. I for one am extremely supportive of this vital work.

Ultimately, I may have lost my job but I have family, friends, support and a new beginning.

 

By Donald (name changed to protect identity)

Building our dreams

I have not had a great past in terms of childhood experiences, having been brought up in a family with strict values; I always felt that my choices in life were limited. Then in my late teens, something happened which would further blight my life. I landed myself a criminal conviction. At the young and naive age of 19, I was found in possession of a prohibited weapon and prohibited ammunition.

At the time I was in a relationship with someone who had obtained a firearm. The weapon was a 9mm revolver, which apparently he believed to be a replica. One evening, as we were travelling in his car he realised the police were going to pull him over. I noticed him start panicking and then, whilst he was still driving, he revealed the weapon to me and told me to hide it. I was very scared, confused and worried and had no idea what to do. He insisted that I conceal it in my handbag, reassuring me that all would be OK.  Sure enough, the police stopped us and his vehicle was searched along with my handbag. The weapon was quickly discovered.

The police arrested me and I was later charged with offences committed under the Firearms Act 1968. I was absolutely devastated and couldn’t believe this was happening to me. With legal advice, I accepted responsibility for my part and my ex also admitted his guilt.

The relationship ended and after a long stressful 6 months of attending Court Hearings, I received my sentence – a 2 year conditional discharge. At the time, I was studying Law at University and had hoped to pursue a career in the legal field. I was extremely worried that this conviction would jeopardise my future career plans. My legal representative told me he would be willing to write to the Law Society to confirm my suitability for the profession but in my heart I had already given up on this career path.

Needless to say this affected my confidence in a huge way and ever since then I have deliberately avoided applying for jobs where I know I would have to disclose my dreaded conviction in fear of being judged and rejected.

After spending about 8 years going from one mediocre job to another with periods of unemployment in between, I finally discovered something I felt truly passionate about – helping people make positive decisions about their lives through talking therapy. I took a short course in counselling skills which I successfully completed and passed. I really wanted to progress with my studies but I knew there would be quite a big financial outlay and I did not want to waste time, effort and money embarking on something if it meant that my conviction was going to get in the way of my practising.

In May 2013 when the DBS filtering system was brought in, I started to think ‘Does this mean I will finally be free of my conviction and the past?’ I could see from the list of offences that would never be filtered that the offences I had been convicted of were not included. I felt hopeful but I wanted to be certain and so I contacted the DBS only to find out that although I had only one conviction and the offences were indeed eligible for filtering, I would still be required to disclose as I had been charged with two offences.  My heart sank.

I continued to do further studying and as much as I have tried to tell myself to just go after what I want, regardless of my conviction, from time to time I still worry that I may just be wasting my time and will be left feeling disappointed again. There are job opportunities that I just allow to pass me by without even trying because of my belief that I will be judged and discriminated against. I am 33 years old now, in a stable and loving relationship and have a 3 year old son and I hate that this has happened to me. I hate having to relive it every time I attend a job interview.

I really would like the DBS filtering system to be reviewed and reformed to allow people like myself to move on from their past and not to be haunted by it every time the opportunity to pursue a dream job comes up.

I am however tired of the old stories that I tell myself, which I feel are holding me back from living the life that I want and feel I deserve. I will continue to pursue the things I desire regardless of what the outcome will be as I passionately believe in having goals, aiming high and following your dreams. After all, as mentioned by another writer, successes are built on failure.

By Hilary (name changed to protect identity)

 

Recruitment agencies expecting ‘clear’ disclosures

When it comes to jobs that are exempt from the Rehabilitation of offenders Act, the law says you still need to disclose on an application form when asked about spent cautions or convictions regardless to however minor. In my case I will discuss about a caution from this point.

My caution was in 2012. It is minor and does not have any relevance to working with vulnerable people.

I applied for jobs to 4 different agencies on line and sent my CV with covering letters for Care Assistant roles with elderly people. I have lots of skills/experience and recruiters would always invite me down for the actual interviews. At all those interviews I had to fill out an application form and as they state they will apply for a DBS, I was aware I had to disclose the caution. Once this was put to paper on application, I was advised I would be contacted for a follow up interview and to apply for DBS and if successful will be put forward for training. I found I never heard from any of those agencies again.

I did not want to give up and saw an agency advertising for work. I sent them my CV and a covering letter. The same sequence happened, I received an email arranging an interview etc and asking me to bring proof of my identity.

However this time round, I decided to email the person back from HR as I noted that the email stated that they would need to apply for DBS if I am successful at interview and I did not want to go through the same time wasting exercise again, to not hear from them again after interview. So I decided to email the lady from HR, advising that I am currently waiting on DBS which my local authority had applied and paid for due to some work I was currently doing as a ‘Personal Assistant’.

I received a phone call from this lady from HR. She basically advised I should bring my DBS to the interview if it comes through. She told me she did not feel it had any relevance to the job I was applying for but said I can still go to the interview as it should not be a problem. She said it would basically all depend on whether I was successful or not and then taken from there.

I attended the interview a week later and I was successful at interview. I was told by the interviewer they would need to apply for a fresh DBS. She gave me a letter signed by her manager stating I was successful and a date to start the training for the following week, and pending my references and DBS check to be completed. I had also disclosed to her at the interview about my caution and she told me she did not feel it had relevance to the post but ultimately was down to the Director to make any decision, depending what comes up on DBS. She also appeared to already know about it when I told her as she said it ‘rang a bell’. I assumed the HR lady who I spoke to initially had already spoken to them about it in advance, prior to my interview I left there happy and looking forward to start the training.

Come Monday morning. I checked my emails and there was an email from the woman who interviewed me. She wished me good luck in her email for the future and referred me to ‘see letter attached’. I opened the attachment and there was a rejection letter. The rejection letter stated about them having many candidates that applied for the role who had more experience than me and they were sorry that I was ‘unsuccessful’ for the position.

I telephoned her and asked whether the email was sent in error and she said it was not. She said that a contract had ended and they didn’t have enough work coming in and that any work they did have had to go to the employees that were already on their books. She said she didn’t know there was not enough work until her manager raised it. She was quick to say she would shred all my paperwork. I knew she was lying as the information she was giving me on the phone contradicted the information she sent me in an email At the end of that week, I was job searching on line and came across a large advertisement from this same company on line, in many areas surrounding my borough. It was obvious to me that they had not lost any contracts and there was lots of work available.

It appeared their reluctance & change of mind was related to the minor caution that had no relation to this job or any impact to working with vulnerable elderly people, except of course if I applied to work in a prison. I decided to telephone the woman I had spoken to at the very beginning before my interview, where I had initially disclosed the caution to. I told this lady from HR about the confusion I had, in being told different theories to why they changed their mind. I also added the fact they gave me a firm offer in writing stating I was successful with a training date. I pointed out that it was obvious to me there was no issues with losing contracts as there was a big advertisement on line and plenty of work! The lady I spoke to from HR remembered me because she remembered advising me to bring my DBS that was pending with the LA and the disclosure I made in an email. She asked me some questions relating to my caution and I spent some time talking to her for about 15 minutes. She suggested she would speak with her manager and then get back to me. She also asked me to forward to her the email and rejection letter I received.

The following week I received a phone call from the above persons’ Manager as promised. I was told the offer still stood and I can do the training. From what I understood I was advised the position would merely be dependent on what was on my DBS. I replied I had already informed them in advance what may well be on there.

She said the person who interviewed me and sent me the rejection letter after offering me the position was new and because I had made a disclosure she thought they were unable to take me on because their policy is that a DBS ‘should be clear’. She said in my case it all is dependent on what is on there.

I then went on to say that I had been up front about what may show up when a DBS comes in before the interview and at the interview and I have already explained what the caution is for.
I explained again it is not a conviction. I agreed to do the training and take it from there. She emailed me offering me the opportunity to do the training and I responded as she asked to confirm I will do the training but I did get the impression that they were covering up for each other as I did not feel it was right to automatically prejudice someone because of a caution.
I also am concerned that it was said a ‘DBS should be clear’. Obviously in my case it is not going to be clear because a caution is likely to show up, I am still left feeling uneasy for when the time comes when the DBS is processed and concluded.

In the meantime I have carried out some training with another organisation for work relating to vulnerable people and do not finish this training until next week. This is not care work like the other organisation but still is working with vulnerable people. I will have to also get a DBS carried out with this firm after the training but my concerns are that their policy is: ‘DBS will be carried out and must be clear’.

So my real concern is that a lot of these organisations expect that it must come back clear. There is nothing on the policy saying ‘we will not discriminate or necessarily bar you if you have something that shows up and does not impact on the role you are doing’. It appears these organisations are discriminating against ex-offenders

I also experienced discrimination with 2 well known recruitment agencies. About 6 weeks ago I had them hounding me to register with them due to my skills etc and seeing my CV on line, knowing I was looking for work. I ended up making efforts to see them in person to register and I had to fill out an application form at their offices. Their form asked whether you have any spent or unspent convictions and including cautions or any pending prosecutions. I was honest with them and filled out the form. I have to this day never heard from them again!

I contacted them recently to ask them to remove my details. They totally ignored me and I chased it up and got one minimal response written in an unprofessional way. I now have to take time out to complain to their managers, as I need clarification they have indeed removed my details and the sensitive information I disclosed.

Finally, in relation to a role that I have been successful in, I have not yet been told when I can start as they are currently obtaining references and I am sure they will also do a DBS due to the role of working with young people.

For this role, I was never questioned on application as to whether I have any spent or unspent convictions or cautions and at interview I was not questioned. I do have a concern when they get to know about my caution they may change their mind about allowing me to have the job. As explained previously, it has no direct relevance to deter me from working with vulnerable people or young people.

So I am left with a very sour view of all these hurdles I have had to face due to the prejudice in some cases and cases where ex-offenders are discouraged from taking up employment.

As you can clearly see, more work needs to be done to ensure all organisations, including care work, and working to assist vulnerable people will not necessarily bar people from working on account of their enhanced DBS not being clean.

It is as if I have been sentenced to life as it is constant and never ending. It was spent in 2012 and is a caution that is constantly hanging over me.

By Sam (name changed to protect identity)

When will this go away?

I started working in the legal field when I turned 21, and although I was a single parent of three children, working full time, I worked extremely hard to do my exams and pass them. I helped hundreds of vulnerable people thought my personal life and professional life and did my fair share of pro bono work.

Unfortunately in 2008 I was arrested for a crime of fraud, and although I did not have any direct link to having done anything knowingly or intentionally, I was convicted on circumstantial evidence and the fact that I should have been more vigilent as a professional.

As a professional, if there is no direct evidence for convicting on evidence, the professional bodies get you on the basis of “bringing disrepute to the profession”.

My children were at court supporting me. Up to this point I was the breadwinner, mother , father and friend to my children and many many people who were vulnerable. I was hysterical as the judge summed up and although he felt that I had not benefited from this crime, he had no option but to sentence me to 5 years.

I lost my business, my children, my freedom, my self respect and everything I worked for. I took it on the chin. I got transferred to open prison and with great difficulty and patience I began doing voluntary work for a charity and continued until a month before my release from prison in late 2013.

I had to sign on for benefits, which I did and am on still!

I have applied for hundreds of jobs and been to uncountable interviews but each time I disclose my conviction people look at me as an offender, a convicted person, a untrustworthy person. My conviction was against lenders not an individual. The lenders concerned probably had insurance therefore they haven’t made a loss. The person who ran away with the money didn’t make the loss nor any member of the public. Only I have made a loss.

I continue to look for work, any sort of work. However not even the supermarkets want me.

The added problem is that due to the length of my sentence for a white collar crime, my conviction will never be spent. I can’t grasp the idea that my conviction and the sentence I received is worse than some one who has been convicted of a violent crime.

I am not saying what I did or failed to do is right, but I do feel that I have been left out in to the community, where there is no prospect of finding work, no one happy to take me on. Some places say I’m over qualified and the others say their policy is such that they cannot employ me due to my conviction. It’s a joke really, I want to work and no one wants a ex offender.

I would like to know when will this go away? I also want to know why is it that Judges do not think about the impact of the sentence they give. They are aware of the fact that if the sentence is above 4 years it will never be spent, so is it a way of ensuring the ex offenders can not rebuild there lives?

I want to work, I want to pay for my mortgage, but there is no help out here. I want to know why? The CJS is all for punishing, but not there to help convicted people get back into work, and someone needs to look at the impact of the length of sentences given.

By Harry (name changed to protect identity)

Help Unlock challenge employment discrimination

I wanted to post a piece to get readers of theRecord involved in a project that Unlock is running to challenge the employment discrimination faced by people with convictions.

As part of this work, alongside supporting and challenging employers to develop good practice, we’re also looking for input from people with convictions.

In particular, there’s two questions that we’ve recently published that I’m looking for people to help us with if possible:

  1. How would you like to be treated when applying for work?
  2. Do you have evidence of bad practice from employers?

 

How would you like to be treated when applying for work? 

In particular, we’d like to know what you think is a ‘fair’ way of dealing with criminal records as part of the recruitment process.

To do this we’ve put together a short survey. You can complete the survey online survey here (you can stay anonymous if you wish).

Alternatively, you can read the questions here and email your answers to employer@unlock.org.uk.

 

Do you have evidence of bad practice from employers?

We’re also on the look-out for evidence of bad practice by employers with regards to the policies and processes that they have in place for job applicants with criminal records.

This could include employers that:

  1. Have a blanket policy of not recruiting anybody with unspent convictions
  2. Carry out DBS checks for roles not eligible for them
  3. Request applicants to provide a copy of their ‘police record’ (also known as ‘enforced subject access’)
  4. Don’t give applicants an opportunity to explain their criminal record

Find out more details here about how to send us examples and evidence of bad practice.

 

More information

There’s more information about this project on the main Unlock website.

You can sign up to receive email updates about this work by subscribing here and selecting ‘News on our work challenging employment discrimination’.

 

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Letting us know if you easily found what you were looking for or not enables us to continue to improve our service for you and others.

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