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For people with criminal records
For people with criminal records

Story Type: Successes

I was one decision away from a different life: Challenging an employer secured me a voluntary role

Akil felt compelled to share his experience of applying for a voluntary role with the NHS and hopes this reassures others that all is not lost just because you have a criminal record.

 

Between the ages of 17 and 18 I led a fairly turbulent lifestyle which resulted in several convictions including common assault, criminal damage and robbery. That was 18 years ago.

I have lived in fear of these all my life and how they would affect me. I never went near any jobs that needed DBS checks even though I didn’t know what the checks would show.

However I have worked continually since I was 18 and have lived a mainly positive life with no further involvement with the police or the criminal justice system. I am now married with a daughter and I work for a large public sector organisation.

When the Covid-19 pandemic started I wanted to do something to help and so signed up to be an NHS Community Responder. No criminal record check was required to be a basic responder which involved picking up medications and delivering them to those who were isolated or shielding.

I’d been volunteering as a basic responder for a little while when applications opened for Community Responders Plus and Patient Transport Volunteers. As I was really interested in expanding my volunteering experience I started to consider whether this was something I should apply for.

I quickly discovered that the role required an enhanced DBS and barred list check something I would have previously avoided. However, I completed and submitted the application form and waited to see what would happen.

It was a nerve wracking wait and when my enhanced certificate arrived I saw that other than my conviction for robbery, everything else had been filtered. I then received an email from the NHS volunteer team stating that they were aware that a conviction appeared on my DBS certificate but not the details of it. They asked me to provide a copy of the certificate and also confirmed that it would be necessary for them to carry out a risk assessment which would be done by telephone.

I spent several hours preparing for my interview, putting together a disclosure statement that outlined the circumstances surrounding my convictions, the impact and how I felt about them now. It was truthful and I felt it demonstrated how I’d matured and changed my life for the better.

I used the statement to answer the interviewers questions and although she was polite and understanding and agreed that I was a different person now, she told me that it was her manager who had to make the final decision. Not long after I received the “Thanks, but no thanks” email.

I felt that I needed to know more; I wanted to know how they had arrived at their decision and so I applied for a subject access request so that I could see the risk assessment for myself.

Within 24 hours I received a telephone call from the volunteer manager apologising profusely and saying that she wholly disagreed with the decision made not to approve me for the volunteering role. She said that she would be reversing the decision with immediate effect as it was clear that I posed no danger and that balance had not been applied to the risk assessment. I am pleased to say that I am now a Community Responder Plus volunteer.

My experience has highlighted a couple of things to me:

  • Firstly, people still judge and have pre-conceptions of those with criminal convictions, but
  • If you fight for what you want and appeal, the outcome can be very different.

This situation has been a game-changer for me. I now know what is going to appear on my DBS certificate and I can prepare for that. My attitude to applying for jobs which require a standard or enhanced DBS check has completely changed and I now feel a lot more comfortable and confident in discussing my conviction openly and without shame.

By Akil (name changed to protect identity)

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Nothing is achieved by criminalising young people. Lets work together to support, educate and listen to them

There’s been a huge amount of media coverage recently about violent crime amongst children and young people in the UK. However, it seems that the Government’s answer to this is to give more power to the police to surveil, stop and search and punish young people. Based on his own experience, Rhys questions whether criminalising young people is the answer.

I was diagnosed with emotional behavioural difficulties (EBD) when I was in year 2 of primary school and I subsequently transitioned into a Special Educational Needs (SEN) school. The school was for children like me who found mainstream education challenging. Due to the nature of the school, staff were trained in restraint which was used to control certain behaviours.

When I was 14 years old I was in a maths lesson at school when I got into an altercation with another boy over a Pokemon card. This altercation became physical and staff intervened to apply restraints to both myself and the other child. As I was in crisis at this time and surprised by the sudden physical contact with another person, I swung my arm and accidently whacked my teacher on her forearm. This caused a small red mark that in all honesty was barely visible and, I was later told, had disappeared completely the following day.

At the time of this incident a new head teacher had just joined the school. He made the decision to contact the police as a member of staff had been physically struck. I had a really good relationship with the staff member concerned and they were reluctant for the police to become involved but, the Head made the executive decision to involve them.

I was charged with assault. My mum was fined £30 and I had to attend meetings with probation over a certain number of weeks.

This assault was not premeditated, it was a total accident which occurred during a time I was in a crisis situation, in a setting that was supposed to have professionals trained to deal with said situation. If this had been intentional I would be able to accept the offence but I wasn’t even looking at the teacher at the time, I was focused on the other child I was arguing with.

Upon leaving school with my GCSE’s, I trained in children’s care, learning and development. It took 3 meetings before I was accepted on the course as I had an assault conviction on my DBS certificate.

After receiving my qualifications, I was successful in my application for a full-time teaching assistant role. Since then I’ve been working in education and was promoted to a management role in the second school I worked in. However, every role I’ve applied for always starts with embarrassment. I have a great interview and go through all of my experience and then have to disclose at the end that I have a conviction for assault from when I was in school as a 14-year old child.

Although it has never impacted on any application I have made (I have always been the successful candidate in all but one position I have been interview for), it does put a downer on my initial first days of any new job.

During my career I have worked with some of Manchester’s most challenging young people. I have been physically assaulted, spat and sworn at, received homophobic and racist abuse yet, I have never criminalised a young person for their behaviours. Whether this is right or wrong is open to debate but in my opinion, criminalising a young person who is attending a provision because they struggle with their behaviour can only be detrimental. I’ve experienced this first hand at the age of 14 and it has followed me throughout my life.

I am now 30 years old and just about to qualify as a social worker but in order to get on the course I again had to disclose my conviction and attend a separate meeting before I was signed off as ‘safe’. The same thing happened before I was able to attend any of my work placements.

The sad thing is, this will show forever on my enhanced DBS certificate – it will never go away. I will still be disclosing that I whacked my teacher on the arm when I was 14 when I’m 60 years old!

I believe a review is urgently required into what information is disclosed on an enhanced DBS certificate. Cases should be looked at on an individual basis so that only convictions which are relevant and appropriate are disclosed. Does it really benefit anyone that I have to tell every new employer about an incident which took place when I was a young child?

By Rhys (name changed to protect identity)

A comment from Unlock

The most recent changes to the filtering rules introduced in November 2020 means that youth cautions will now be filtered immediately from standard and enhanced DBS certificates. However, for those individuals who received a conviction before they were 18, this will appear on their standard/enhanced DBS certificate for at least 5.5 years possibly forever if the offence they were convicted of is non-filterable. This is one of the reasons why Unlock believes that a more nuanced approach needs to be taken to the disclosure of convictions and a discretionary filtering system introduced.

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Knowledge and enthusiasm enabled me to appeal my court order

After learning that his indefinite SOPO was extending the time he spent on the Sex Offenders Register and keeping his conviction unspent, Danny knew that the only way to improve his chances of getting back into work was to have it discharged.

Approximately eight years ago I received a six month suspended sentence for a downloading offence and, along with this came an indefinite Sexual Offences Prevention Order (SOPO).

There are many reasons why people break the law and it’s only natural therefore that people deal with their convictions in different ways. For me, that meant being really clear about the ongoing impact of my conviction including having a good understanding of when I needed to disclose it, how long I needed to disclose if for and what to disclose.

From this research, I quickly learnt that due to my indefinite SOPO, my conviction would never be spent and my time on the Sex Offenders Register (SOR) would be extended. I also learnt that after 5 years I could apply to have my SOPO discharged without needing the permission of the police.

Seven years on from my conviction and I decided to speak to my PPU (Visor) officer about applying to have my SOPO discharged. Although the SOPO conditions themselves didn’t cause me any problems, the fact that my conviction remained unspent and appeared on my basic DBS certificate made finding a job that much harder.

During this conversation with my PPU officer I was really shocked at how little she knew about the Rehabilitation of Offenders Act, criminal record checks or SOPO’s. She didn’t seem to realise that basic DBS checks existed and was of the firm belief that a SOPO had to run for a minimum term of 10 years!

Despite pointing out to her that:

  • Without the SOPO my conviction would have been spent in 2016 and wouldn’t appear on a basic DBS; or
  • There was no minimum term for a SOPO.

She told me that I needed to wait a further 3 years before I applied and if I chose to apply before that, she would object.

I’d always adhered to the conditions in my SOPO and had tried to build up a mutually respectful relationship with the police. I’d been quite optimistic therefore of having my SOPO discharged, especially if I had the support of the police. Being told that they would object was a real blow.

I started doing research online and the more I read, I got the distinct impression that SOPO’s should run in line with the duration of the notification requirements. A SOPO shouldn’t be used to extend the time that somebody spent on the SOR.

I knew that I didn’t need to get permission from the police to apply to the court and I took the view that the worst that could happen was my application being refused. If that happened, I’d be in no worse position so I thought it was worth a go.

I put my letter together setting out the reasons why I felt my SOPO should be discharged. I explained how my circumstances had changed since I was first given the SOPO and how I’d had the opportunity to reflect on my previous offending behaviour. I explained that I’d always adhered to the conditions set out in both my SOPO and the SOR. I also quoted a couple of cases from 2011 which I’d come across online which I felt backed up my argument.

My case went to court very quickly and although the thought of attending the hearing was a little daunting, I didn’t have the money to spend on legal representation. Having an awareness of the cases from 2011 certainly gave me the confidence to apply to the court but it wasn’t something I necessarily needed to know. The court were more interested in me and my circumstances which I was well equipped to talk about.

The outcome – SOPO discharged with immediate effect.

Of course, I’m absolutely delighted with this result and so glad that I went through the process. I’d say to anybody that if you find yourself in a similar situation to this, don’t be afraid to go back to court. Having the support of the police will always be favourable but remember, you can apply to have a SOPO varied or discharged without it after 5 years. The advantages for me have been massive and all it cost me was my time and a stamp.

By Danny (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 applying to a court to end a court order.
  • Discuss – There are some interesting discussions on this issue on our online forum.

The positive power of talking

Having started training to be a counsellor, Stella explores the reasons why she found it so difficult to ask for help when she needed it most.

I received a conviction for fraud approximately 20 years ago which resulted in a 4.5 year prison sentence.

Shocking as it was to go to prison, I believe that it was prison that helped me become a better person – less uptight, less anxious, a person that wasn’t afraid to ask for help and ultimately somebody that was a lot happier in themselves.

To the outside world, my life prior to prison must have seemed perfect. Good job, great salary, lovely home, marvellous holidays abroad. But behind the scenes I was massively in debt, living beyond my means and defrauding the company I worked for. I was a mess.

Over the years I’ve had a lot of time to reflect on what went wrong and what I could have done differently. Without a doubt, I should have spoken to somebody about my problems and asked for help. So why didn’t I?

There’s probably been loads of research on this but for me, it was fairly simple:

  • I was too proud
  • I didn’t want to come across as incompetent
  • I didn’t want to be judged

And maybe, I just didn’t really want to change. If I got help then I’d have lost the lifestyle and habits that I had.

I feel so ashamed writing that, it makes me sound unrepentant and that’s probably how I was at the time. I didn’t want to be told what I needed to hear, it was far easier to keep the status quo.

Twenty years on and I’m in a different place; training to be a counsellor and it’s obvious to me now that talking really does help.

I know from the clients I see in my current work placements that many of us are feeling emotionally overwhelmed. The Pandemic has seen us lose friends and family and lock-down has seen the mental health of many deteriorate. Talking won’t change what’s happened to us but it can help to bring us some relief.

When I started my counselling training, there were several times when I thought my criminal record might scupper my dreams. I couldn’t see an answer to my problems and started to be consumed with negative thoughts. But for once, I took my own advice and asked for help – I rang the Unlock helpline.

The advisor I spoke to didn’t immediately solve my problems but whenever I presented her with a negative statement, she’d come back at me with a couple of options – one of which seemed to be:

“Do nothing and keep feeling sorry for yourself.

These chats were a bit like re-programming a computer. Slowly all my old thoughts were erased replaced instead by more constructive ones.

As somebody with a conviction that will never be spent, I’m sure I’ll have a few more wobbles along the way but you know what – I’ll keep on talking.

By Stella (name changed to protect identity)

A comment from Unlock

It’s good to hear that our helpline was able to help Stella. If you’re currently struggling with a problem because of your criminal record and need information or advice our helpline is available Monday to Friday, 10am to 4pm.

Useful links

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

A chance at last – changes to filtering rules will give me a clean DBS at last

The 28 November 2020 saw changes to the criminal records disclosure regime come into force and like many people, Tony was able to see his convictions from over 45 years ago removed from standard and enhanced DBS certificates.

 

 

I was born into a violent, chaotic, impoverished and broken home and it was probably due to my dysfunctional family life that I was constantly in trouble with the police, mainly for theft or vandalism.

When I was aged about 10, Social Services got involved and I was placed into the ‘care of the local authority’ and became part of the care system. Initially I was sent to a very austere Children’s Home ; a cold, unfeeling, loveless place. In addition to an almost starvation diet we were subject to strict petty rules where even the slightest infringement resulted in a hard slap across the face. I generally took this in my stride, probably because I’d been subject to far worse at the hands of my violent, unstable mother.

Eventually I was transferred to a boarding school for maladjusted boys. It sounds terrible but the headmaster and his wife were fantastic. We were treated fairly, there was a happy, caring atmosphere, plenty of food and regular day trips to look forward to. Everything started to improve for me.

However, although I was old enough to know the difference between right and wrong, I was extremely dishonest. I had absolutely no moral compass, boundaries or principles and it was true to say that ‘if it wasn’t nailed down, I’d steal it’.

Up to the age of 15 I committed various criminal acts generally theft and received a conditional discharge or a fine, but never any time in prison. Since then I’ve had a clean record.

I served in the Armed Forces for ten years, worked as a security officer and then spent 10 years in financial management. In all this time, there was never the slightest doubt about my honesty.

Then in 2006, I realised that I wanted to try and put my own personal experiences to good use and work within the criminal justice system. I applied for several jobs but was rejected at either the application stage or as soon as the organisation received my DBS certificate. I couldn’t believe that 30 years on from my last conviction, my criminal record was having such a major impact on my life.

Never one to give up, I applied to have my convictions ‘stepped down’ under the police ‘weeding’ procedure (a similar system to what’s now known as filtering) and the police agreed. All my convictions were removed from my criminal record certificate.

Then in 2013 the law changed once more and hey presto, because I had more than one conviction, they all suddenly appeared again. As a 61 year old semi-retired grandfather my convictions were being disclosed again, 45 years later.

When I read the email that said the law would be changing and multiple convictions would now be eligible for filtering I almost cried. The continued disclosure of sensitive and often irrelevant information is seriously blighting people’s lives and I for one am looking forward to seeing my ‘clean’ DBS certificate for the first time in years.

By Tony (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 filtering
  • Discuss this issue – There are some interesting discussions related to filtering on our online forum

Could 2021 be the year you become your own boss?

There aren’t many people who would consider 2020 to have been a great year. Some will be approaching 2021 with a certain amount of anxiety whilst others will see it as an opportunity for change.

With over 800,000 jobs being lost since the start of the Covid pandemic and UK unemployment likely to reach 2.6 million by the middle of 2021, the outlook for job seekers looks pretty bleak.

But, could this be the time to consider starting your own business? During times of stress and struggle, people can often be forced to think ‘outside the box’ which can lead to new, innovative business ideas.

Take Derek Jones for example.

The name may not mean a lot to you but, if you or a family member or friend have ever been in prison you’ve probably come across the business that Derek started, Email A Prisoner – a specialist email service connecting those in prison with their friends and family on the outside.

Derek first got into trouble with the police when he was 11 years old. It started off with minor stuff but, by the time he’d reached the age of 21 he had been in custody 15 times and, his offending soon graduated to car theft and burglary. Derek recognises that laziness was a big part of his offending:

I wanted everything to come easy – I didn’t want to work for it. I wanted to do something else with my life, but I thought that was out of reach.

Although Derek had been in and out of prison, it was whilst he was remanded for 6 months in 2003 that he started to experience problems communicating with his friends and family. Having plenty of time to consider how the problem could be overcome, he had his ‘eureka moment’ – ‘Email’. A system whereby friends and family on the outside could send emails on a regular basis to those in prison which they’d receive quicker than a letter. Derek was convinced that demand would be huge and that it could be done at no cost to prisons or prisoners; the sender outside would pay.

He knew he needed to do further research to turn his idea into a viable business and he visited the prison library at every opportunity to find books on starting a business.

On release from prison, he was determined to stay out of trouble and was passionate about getting his idea off the ground. However, this was easier said than done; some people just couldn’t quite understand the concept and others told him that it was an impossible dream.

Derek contacted a local business support organisation and over the next four months did various business start-up courses. He was able to put a business plan together and managed to get a £2000 grant from a local enterprise agency. As well as the cash investment, Derek was also given a mentor who provided him with help and advice as well as huge amounts of encouragement.

It took Derek 2 years to get his business – Email A Prisoner – off the ground. It was initially trialled at Guy’s Marsh Prison in Dorset, where the pilot proved extremely popular with both the prison and users of the service. Getting other prisons to sign up was difficult to start with but Derek remained positive and has since sold his email service to over 130 prisons.

Derek has always been open and honest about his past and believes that as far as his own business is concerned, his criminal record has been a help to him.

So, do you think you could be the next Derek?

A report written by The Centre for Entrepreneurs found that individuals who had served time in prison displayed many traits which made them suitable for an entrepreneurial career, such as scoring highly on the need for self-achievement, personal innovation and the desire for independence.

If you’re struggling to find work or have been discriminated against in the past because of your criminal record, then self-employment may be something to consider. It’s not for everyone and although having a good idea is a great starting point, there’s a lot more too it. However, thanks to the internet, social media and innovative technology, it might just be easier than you think.

theRecord Editor

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Winning my battle for voluntary Release on Temporary Licence (ROTL)

Whilst serving the final year of her sentence at an open prison in Kent, Karen was volunteering at Unlock as a helpline advisor when the prisons interpretation of a new ROTL policy framework saw all voluntary work placements revoked.

This article originally appeared on The Prison Reform Trust website and is reproduced with permission and thanks.

The Prison and Probation Ombudsman (PPO) recently upheld my complaint after HMP East Sutton Park stopped voluntary work for all residents in October 2019, allowing only paid work placements. I had thoroughly enjoyed my voluntary job as a telephone helpline advisor with the charity Unlock for 10 months and would have happily continued it until release, but this was not to be. As a woman nearing retirement age, I was not seeking paid work on release.

It took five months to go through the whole complaints process. I had complained to the prison staff and governor, the Independent Monitoring Board (IMB), as well as writing to the Head of the Women’s Estate. All returned my complaint forms. So, I asked the PPO to investigate after feeling ignored by the internal prison complaints system.

In March 2020 the PPO upheld my complaint, agreed I deserved an apology and the volunteer role should be re-instated. Covid-19 delayed the reinstatement of the job, before my actual release. I received a written apology from the Governor (who is actually responsible for 2 women’s prisons, so very stretched). I appreciate the apology – and since my verdict, East Sutton Park’s local ROTL policy has been amended to allow voluntary work.

The new ROTL policy framework is meant to enable better rehabilitation and allow more women access to ROTL, but residents continue to struggle to get placements approved. As well as feeling under constant threat of withdrawal of ROTL at any time.

So what lessons should be learned from my experience? Firstly, I’d like to thank both the Prison Reform Trust Advice and Information team and Prisoners’ Advice Service for believing in me and helping to handle the complaint, as it can often feel as though most women prisoner’s complaints are ignored. I had to be very determined and couldn’t have done it on my own.

I entirely believe that officers – and governors – should receive special training for managing female prisoners as their needs are so different than the typical male prisoner. Blanket policies and approaches for women and men are not appropriate. From my own experience, this is especially important for older women. I am now over 60 years old, and still a human being with a life that matters.

Please do pursue complaints with the PPO if you feel your complaint is ignored by the prison. Don’t give up if you have a valid complaint.

By Karen (name changed to protect identity)

A comment from Unlock

Following a long association with HMP East Sutton Park, we were disappointed to see the government’s new ROTL policy being implemented in this way. Although it remains the primary objective of many women to find paid work, for some this is simply not the case.

Karen’s imminent retirement was a valid reason for her not seeking paid work and for those coming to the end of long sentence, or who have little work experience, voluntary work can be a valuable stepping stone back into the community.

Keep calm and volunteer

Unlock has been really fortunate over the years to find so many generous people that are willing to give their time and talents to help others. Here Roger tells us what he’s gained from his volunteering experience at Unlock.

As many of us know, getting a job with a criminal record can be hard and that was the position I found myself in several years ago. Getting those letters thanking me for my interest but telling me that my application wouldn’t be progressed was heart-breaking but even worse, were the employers that never even acknowledged them. A year of filling in forms or sending off my CV had seriously started to impact on my mental health and so, I decided to find myself a voluntary role.

Hallelujah, I found Unlock who were looking for a helpline advisor. As the helpline provided a peer-delivered service, for once my conviction was treated positively. The interview went well and before long, I’d started my training. Although it was interesting, it was also intensive and there were days when I left the office thinking that my brain was going to explode.

It probably took about 3 months before I felt confident in dealing with the majority of issues that people contacted us about although, it’s a constant learning process.

I currently volunteer on two days a week. The process of getting up and ready for work has added some routine and normality to my life and gives me a sense of purpose.

Some of the calls we take can be emotionally draining and when its busy it can feel quite stressful. However, knowing that the information or advice I’m giving will empower somebody to make well thought out, reasoned decisions is so rewarding. Just imagine somebody telling you:

“I can’t thank you enough for your help, you’ve just changed my life.”

Then back in March, we were hit by the pandemic and Boris told us all to ‘work from home’. We knew it was coming and the helpline was pretty well prepared. Although the number of people contacting us dropped, so too did the number of helpline advisors that were available to respond to enquiries. The helpline telephone landline was redirected to a mobile phone and all phone calls were answered by one advisor with one other responding to emails. Overnight we’d gone from 3 or 4 advisors each day to just 2.

Although the helpline was open throughout the lock-down, it was a very strange way of working and we were all relieved when we were able to return to the office at the start of July. The number of people contacting the helpline had started to increase and relying on just one advisor to answer all the telephone calls was putting them under a lot of pressure.

The need for social distancing means that there are still only 2 advisors in the office each day but it feels so good to have that interaction with colleagues. We’re receiving lots of calls from people who, as a result of the pandemic, have lost their jobs and are now looking for new positions (for some this will be the first time in many years and the first time they’ll have needed to disclose their criminal record).

These are indeed worrying times for all.

As I said at the start of my article, unemployment really did impact on my mental health but volunteering for Unlock was my salvation. We all know that survival is difficult without money and volunteering isn’t going to fill that need. However, if you find yourself struggling with feelings of anxiety, self-doubt or depression then I’d recommend getting in touch with your local volunteer centre to find out whether there’s anything available that ‘floats your boat’.

By Roger (name changed to protect identity)

A comment from Unlock

We’d like to thank all of our volunteers both past and present for the work they’ve done and continue to do.

For many people volunteering is a positive and rewarding experience. It can help to boost self-confidence and self-esteem and if you’re looking for paid employment, adding it to your CV can make you stand out and look more attractive to potential employers.

Unlock’s volunteer programme for people with convictions has been running for many years and in that time, we’ve seen our volunteers go on to study for degrees at university, move into paid work or take on other volunteering roles. If you’re interested in joining our small, friendly team, take a look at the opportunities we have available here.

Useful links

  • Comment – Let us know your thoughts on this post by commenting below.
  • Information – We have practical self-help information on volunteering and you can find out more about the current vacancies we have at Unlock here.
  • Discuss this issue – There are some interesting discussion related to volunteering on our online forum.

How can one question determine your career opportunities?

Whether you’re applying to university or for a job, as a person with a criminal record there will be a point in the process when you’re asked about your conviction(s). James has likened this to a judge passing sentence, the feeling that somebody else is making a decision which will potentially affect the rest of your life.

The two words all prisoners hear, and most fear. These two words happen at the same time every day/week during their stay behind the walls. It is the time when they are left alone with their thoughts and realise that life goes on without them. It is then, and only then, that they can commit to taking action upon release. There were times during my own experiences that I started to formulate in my head what I needed to do when released. Once you hear the keys rattle and the gates close behind you, it’s time for those thoughts to start taking action.

Returning to society can be one of the most difficult challenges you will ever face. You have to navigate all the vices which you will have access to again; alcohol, medication, drugs and risk taking behaviours. Furthermore, the peer group you left behind will all want to come back into your life again which can put you in situations you need to avoid, or guess what, you’re back behind the walls again.

Leaving the prison behind at aged 19, I wasn’t aware of how my criminal record would affect me when applying for a job. When I left school I had no formal education but while behind the walls I accessed a range of vocational courses that gave me the motivation to start over. After rummaging through newspapers, going to the job centre and researching online, I saw a course at the local college which was of great interest. After being accepted to the course (no criminal record check was needed at that time) I spent 3 years attaining a foundation degree which was a pathway into university (the real end goal).

The university application was a lot more robust to complete and as I worked my way through each page with anticipation and excitement I almost missed the question that ex-offenders all fear

Do you have any criminal convictions spent or unspent?

Now here I am aged 23 with a feeling of real dread in my stomach, asking myself the question “what do I do with this box?”

The emotions overcame me and I felt sick. Where do I go from here, after the journey it took to get here? It was clear I needed assistance so I went to the Citizens Advice Bureau and asked them what I should do. In my head I wanted to tick the box that said ‘unspent’ as this was transparent. However, I knew that by doing this it might also mean I wasn’t accepted which was hard to digest. The guidance from the CAB, leave the box blank and let the university decide once they receive the criminal record check.

The course started in September 2001 and I was having an unbelievable time, meeting new people, learning new skills and going for the odd beer or two! Not 3 weeks into the course I got a letter requesting I attend a meeting at the university with the Admissions Panel. At that moment I felt like I was back in court with the judge passing the custodial sentence. Waiting outside the room I knew this could only go two ways; you stay on the course, or your days at university are over. I opened the door and there was a panel of 6 people. I sat down knowing the question they were going to ask me.

Why didn’t you tick the box?

After explaining how I felt about the process up to the box and how I had turned my life around full circle since leaving prison, they asked me to wait outside. It was during this time in the hall that I reflected on what had gone before and what rejection would mean for my career opportunities moving forward. If they said no, how would any other university say “yes”? (this wasn’t Dragons Den). The door opened and they asked me to take a seat and communicated their decision based on what I had told them. It was an acceptance to continue on the course.

What a result! I felt like Will Smith in the movie The Pursuit of Happiness.

So you see, you can start over, you just need people to believe in you.

By James (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 applying to university.
  • Discuss this issue – There are some interesting discussions related to applying to university on our online forum.

“Computer says no” – appealing the disclosure of my spent conviction

Having successfully had his SOPO revoked Phil was confident that his conviction was spent and wouldn’t be disclosed on his basic DBS certificate. In practice however, things were not quite so simple.

 

Nine year ago I entered a guilty plea for the possession of indecent images and was sentenced to a three year community order, an SOR notification requirement for 5 years and a Sexual Offences Prevention Order (SOPO) for 15 years.

I complied with all the requirements expected of me and last year the police supported my application to the court to reduce the length of my SOPO to 5 years. My application was successful; SOPO revoked and off the register. I was fairly sure that as my SOPO had come to an end my conviction would be spent but I decided to apply for my own basic DBS check to get a look at what a ‘clean’ certificate would look like.

However, when I received my basic certificate there was my conviction staring back in me in black and white. I was really disappointed and so I got back in touch with the DBS to appeal the disclosure. It didn’t take long for them to tell me that my appeal was “not upheld” because my conviction wasn’t spent.

I wasn’t happy with the decision and it kept niggling away at the back of my mind, but it wasn’t until earlier this year that I decided to do some further research. It was then I came across the Unlock website and started reading articles about similar cases to mine. I learnt loads and the stuff I read seemed to support my opinion that my conviction was spent. Just to be sure that my thinking was right, I gave the Unlock helpline a ring and they confirmed my thinking – I had a spent conviction.

Armed with all the relevant paperwork, I had numerous conversations with the police and the DBS. To cut a long story short, it seemed that although my SOPO had been revoked, and my records updated on the Police National Computer it was still showing as live on the system the DBS use to run their checks. With evidence proving that my SOPO was no longer active, I was able to appeal to the DBS again.

This time my appeal was upheld and the DBS provided me with a ‘clean’ basic DBS certificate.

This is exactly the break I needed and will definitely help me when I’m applying for jobs during these challenging times.

By Phil (name changed to protect identity)

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