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For people with criminal records
For people with criminal records

Story Type: Successes

Thanks Unlock for being part of my journey – volunteering as a helpline advisor

Having met a member of the Unlock team during a Disclosure Workshop in prison, Reece was delighted to be able to continue this association when he secured a voluntary role as a helpline advisor.

 

It was early 2018 and I was nearing the end of my prison sentence when I was invited to attend a ‘Disclosure Workshop’ run by an organisation called Unlock. I’d never come across them before but the event looked as though it was going to cover more than just writing a disclosure statement (which indeed it did).

The first thing the speaker did was to tell us a bit about Unlock. I was surprised to hear that they were based in Kent, not too far from where I was going to be returning home to. It was weird but I almost immediately started to feel a natural affinity with this organisation – I guess when everything in prison is so strange then anything that’s familiar (in whatever way) feels good.

The Workshop was really good. It covered things I’d not come across before and dispelled some of the things you hear all the time in prison. There was plenty of time at the end to ask questions and it was obvious that the trainer knew her stuff and wasn’t thrown by any of the queries put to her. At the end of the event, I went to say thanks and mentioned that I’d be leaving prison in a couple of months and would be returning to Kent.

She asked me where in Kent I’d be living and whether I’d got a job to go to. I explained that I had no job but finding work was one of my main priorities as I couldn’t stand having no purpose to my day. She casually mentioned that Unlock took on volunteers to work as helpline advisors in their office and to get in touch when I was back home if it was something I’d be interested in.

Release day eventually arrived and I was off back to Kent – excited to be out but worried what the future might hold. I spent the first couple of weeks turning up for appointments with probation and the job centre and the more people I spoke to the more depressing the picture became:

People with convictions, especially those that have been to prison, find it virtually impossible to get jobs.

I’d realised that it was going to be harder than before my conviction, but ‘impossible’ surely not?

I went to sign on at a couple of agencies, all of whom told me that with my skills and experience, they’d have no trouble finding me work. That was until I told them that I’d just been released from prison having served just over a year of my 2.5 year sentence. After that I heard nothing.

Knowing that I had to do something to keep myself occupied, I contacted Unlock asking whether they still had any voluntary vacancies and explaining how I’d come to know about them. In all honesty, I didn’t expect to hear back from them, I doubted they even remembered me. How wrong could I be? Within a couple of hours I’d received an email back from Debbie, Unlock’s Advice Manager (and also the trainer I’d met in prison) who invited me to the Unlock office for an interview. The rest as they say is history.

I was offered a voluntary role as a helpline advisor and committed myself to two days a week. The training was intensive but from the outset, the support I got from the whole team was amazing; all of them were happy to help and share information with me.

I quickly realised that there are a lot of people out there who need the support of an organisation like Unlock. Funnily enough, not all of them had recent convictions, a lot were still having to deal with the consequences of a conviction they’d received 10 or 20 years ago! This sometimes made the job tough – listening to issues they were raising and trying not to compare their situation to my own.

On days when I was feeling a bit down, there was always somebody in the office to talk things through with and I realised that support is available, you just have to reach out for it.

My confidence and self-esteem improved hugely whilst I was at Unlock and this meant that I signed up for everything that was offered to me by the Job Centre; things I’d never considered before. My previous life had been spent working in an office but my new one is working in construction. I love seeing the results of my hard work and through the on-the-job training, I’ve gained a lot of new skills.

However, the beauty of this job is that nobody seems to care that I’ve got a criminal record. There’s a big labour shortage in the construction industry and all the site manager wants to know is that you’ve got the appropriate ‘cards’ to allow you to work on site and that you’ll pull your weight whilst you’re there. I’m earning a decent income and the physically demanding aspects of the job stop me from thinking about what could have been.

Thanks Unlock you’re an organisation that really does help people with convictions.

By Reece (name changed to protect identity)

 

A comment from Unlock

Volunteers are crucial to our helpline and come to us with a passion for Unlock and it’s mission. They give many hours of their time and provide an extraordinary service to our clients. However, volunteering is a two-way street and like Reece, many will benefit from the work they do whilst they’re with us.

If you’d be interested in volunteering for Unlock, take a look at the volunteer page on our main website.

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Disclosing convictions received during my employment

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

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

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

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

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

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

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

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

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

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

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

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

By Deena (name changed to protect identity)

 

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

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

 

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

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

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

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

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

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

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

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

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

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

By Niall (name changed to protect identity)

 

Comment from Unlock

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

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Prison to parenthood

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

 

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

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

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

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

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

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

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

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

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

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

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

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

By David

 

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

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

 

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

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

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

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

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

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

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

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

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

By Toni (name changed to protect identity)

 

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

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

 

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

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

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

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

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

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

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

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

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

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

By Megan (name changed to protect identity)

 

Comment from Unlock

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

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

Useful links

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

‘No’ didn’t mean ‘no’, it meant ‘not right now’ – getting a job on my second application

After having a job offer withdrawn after disclosing a conviction, Sam wasn’t put off from applying again for the same job two years later, only this time she was adamant that she’d get a different result.

 

Two years ago I was interviewed for a job with a government department. At the end of the interview I was given a form which asked me to disclose details of any cautions or convictions and, although I was able to provide the facts of my conviction, I wasn’t able to include an actual disclosure statement.

I was delighted to receive a provisional offer and at that stage, I was told that the organisation would be carrying out a formal criminal record check. I wasn’t unduly worried about this as I’d already disclosed my conviction. However, when the DBS certificate came back and I handed it over, the job offer was withdrawn.

Unfortunately, my conviction is one that will never be filtered from standard or enhanced DBS checks because although I have just one conviction, it has two counts. I was 19 at the time and claiming benefits but I’d managed to get some casual shifts in a local hotel. Looking back, I was stupid and naive and I’d only actually worked two shifts when the DWP caught up with me. I paid back all the money I owed them which was approximately £250 and for roughly six months I didn’t know whether I was going to be prosecuted or not.

When I received the court summons, I immediately sought legal advice. My solicitor couldn’t understand why I was being prosecuted, it was a relatively small amount of money and I’d paid it all back. I later found out that many employees at the hotel had been signing on whilst working and the DWP wanted to make an example of everybody. I received a 2-year conditional discharge and £50 costs.

So, despite the ultimately unsuccessful outcome of that first job offer with the government department when I saw the job being advertised again two years later, I decided that I’d reapply. This time round I was asked to disclose any cautions and/or convictions at the provisional offer stage. I was also given the opportunity to submit a full disclosure statement online which I hadn’t been given before.

As soon as I received my DBS certificate, I sent it to the recruitment department along with a hard copy of my disclosure letter. There was no way that I was going down without a fight this time.

I didn’t hear anything for 12 weeks and then, out of the blue, I received a phone call telling me I’d done really well in my application and interview. However, although my conviction was spent, they couldn’t take it lightly as it was for benefit fraud. The lady I spoke to then went on to say:

But as the conviction was almost 30 years ago, we consider you to be low risk and would like to offer you the job.

It was absolutely fantastic news.

I’ve  been in the job for 4 weeks now and really love it. I’m so glad I made the decision to reapply.

By Sam (name changed to protect identity)

 

Comment by Unlock

We believe that Sam’s story reflects some positive changes that this particular government department has made to it’s recruitment practice towards applicants with a criminal record. By not asking about criminal records until the provisional job offer stage, but then at that point having a clear assessment process that puts information into context. This allows proportionate decisions to be made. Sam (and we) rightly question why the conviction still needs to be there after so long, and that’s the focus of our work on challenging the current DBS filtering regime.

 

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The code to success is to make the most of every opportunity presented – how I set up my website development business

As Michael has discovered, a criminal record doesn’t have to mean the end of your working life but the chance to start a new career that you may never have had the opportunity to consider before.

 

18 weeks ago I was released from prison – a prison sentence that has changed my life.

Life in prison is extremely mundane with every possible job being pretty much the same. Mind numbing boredom. I was transferred to a Cat C prison with 7 months remaining on my sentence. I went through the normal intake procedure and then was given an application form with the same old jobs and courses. As I like to keep busy and I’m a curious person by nature, I’ve probably worked in nearly every job possible and completed many of the courses on offer. However, on this particular form I immediately noticed my two options; a tiling course which I hadn’t done yet and a course I’d never seen before called Code 4000.

I was intrigued. I knew the tiling course would land me a job upon release but I couldn’t help wondering what Code 4000 was. I asked a member of staff on the wing who said:

Some sort of computer thing”

I’ve always been interested in coding but never had the chance nor the time to pursue it. Anyway, I called my partner and asked her which I should choose. She instantly replied “that’s a silly question, do the coding”. So I did.

Code 4000 was refreshing from day one. The moment I walked into the office space I felt like I’d walked out of prison. The space was inviting, intriguing, bright and open. They even had a small area to relax when the coding got too much. I was truly amazed. I knew instantly that I’d made the right choice.

The first day I was given a fancy desk, computer and two large monitors. My initial task was to build a small gaming app (built for 7-year olds) to see if I could overcome problems on my own. This introduced me to the basics of coding. Once I’d learnt the basic building blocks I moved on, learning a wealth of information from the basics of computer science to HTML and CSS. By this time my head had started to spill over. I hit a wall of information and didn’t know what to do. The best advice I got from one of my tutors was simple “Don’t try and learn it all, learn the basics then choose the path that suits you”. At the time I remember thinking “I have no idea what that even means”.

I eventually found my feet and got my teeth into some in-depth learning. I started making apps and websites. Then we got to do commercial work with charities where we received actual commercial feedback from designers and clients. It may sound a little daft but learning in prison is a great surrounding. No phones ringing, no emails to distract you. Focus is the key and of course it distracts you from the harsh environment.

After I was released, I set up my company, Pink Umbrella Studio. I hit the ground running wanting to make a difference.

Our main focus is to make websites for charities at absolute minimum cost and take away the stress of building a website. A portion of the websites we build go back through the Code 4000 programme so people in prison get commercial feedback and can build a personal portfolio which will increase their chances of employment upon release.

My company has a simple business model – help charities, help offenders and lower the re-offending rates.

If you have a project which you think we can help with then please visit our website.

By Michael

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I got the link to my sexual offence conviction removed from a search engine

Russell felt strongly that as his conviction was spent, internet search engine links should be removed. Despite his request being refused by both the search engine and the Information Commissioners Office, Russell never gave up and his tenacity eventually paid off.

 

I was convicted of internet related offences under the Sexual Offences Act following online contact with teenage girls. I accepted full responsibility, expressing genuine remorse for my actions.

My case was reported in my local newspaper although it exaggerated and misrepresented the facts of the case. Mercifully, the article was taken down but not before it was copied to a very unsavoury, vigilante website.

At the beginning of 2018, I applied to an internet search engine for this link (and others) to be removed after my sentence became spent. I sent them a host of evidence including expert reports expressing the view that I was rehabilitated and did not present any risk of re-offending. I also sent key evidence from the UK police confirming that vigilante websites were not in the public interest and compromised the personal safety of the individual. This included quotes from a managing Chief Inspector who spoke of the “inevitable inaccuracies” contained within such websites. Also sent was unequivocal evidence clearly demonstrating the inaccuracy of the information in question. The internet search engine responded within 24 hours stating:

The information is still relevant and therefore in the public interest”

I asked the internet search engine to elaborate as well as confirm their position in relation to vigilante websites but was met by a generic response advising that a decision had been taken in accordance with internet ‘policies’ and my only option was to contact the webmaster. I feel that the 24-hour turnaround was too quick, and it couldn’t have been any clearer to me that they had simply not bothered to look at the evidence, preferring not to delist based on the nature of the offence alone.

After getting some advice from Unlock, I referred the matter to the Information Commissioners Office (ICO). I sent them the same evidence and after a couple of months received a response which, to my dismay, endorsed the position taken by the internet search engine.

The only reason given was the nature of my conviction and even when I emailed them back with further evidence, I was once again ignored. As a last throw of the dice, I applied to the ICO for a managerial review and to cut a long story short, I was eventually able to get the ICO to acknowledge the relevant evidence provided. To the ICO’s credit, the assessing manager dealt with the matter both professionally and objectively. I suspect it will have taken some courage to go against the apparent ‘trend’ of simply saying ‘no’ and am certainly grateful to the ICO for that. By this time, the DPA 2018 and the GDPR had come into force which I was also able to use to my advantage.

Finally in September 2018 after umpteen emails, phone calls and unrelenting pressure, the ICO wrote to the internet search engine advising them that the links should be removed. I’m pleased to report that this has now taken place.

The moral of the story is:

Where there’s a will, there is a way”

I hope my story can provide some help and comfort to individuals in a similar position. Below is a quick breakdown of some of the key strategies/approaches I used to force the right decision. I would say that perhaps the most important key to my success was remaining calm and controlled under repeated provocation. Evidence and facts will eventually speak for themselves and cannot be ignored forever.

  1. Prepare a direct response to the ICO’s Delisting Criteria
  2. Send any evidence (expert reports etc) relating to rehabilitation
  3. Reference the recent decision in the case of N1 and N2 where there is evidence of genuine remorse/rehabilitation/change of circumstances
  4. Reference Article 10 of the GDPR when dealing with vigilante websites holding criminal databases
  5. Reference Section 47 of the DPA 2018 when dealing with factual inaccuracies
  6. Reference Government recidivism statistics which confirm that sexual offences have the lowest rate of re-offending
  7. Under Article 22 of the GDPR, an internet search engine must provide “compelling legitimate grounds” to justify why their right to data process outweighs your own right to removal. Simply stating that the information is ‘still relevant’ is not enough. They need to explain clearly why this requirement has been fulfilled and this is particularly the case where your personal safety is being compromised.

Remember internet search engines are not the arbiters of criminal justice and public interest. This is the job of the UK authorities. If in doubt, seek legal assistance. Good luck with your applications.

By Russell (name changed to protect identity)

 

A comment from Unlock

Whilst there has been some success in getting internet search engines to remove links that relate to some convictions, where the link refers to a sexual offence, internet search engines have been reluctant to remove these. This is the first case of where a link to a sexual offence has been removed but we hope that because of the case of N1 and N2, people with a spent sexual conviction will now be treated more fairly when requesting that links be removed.

Useful links

 

Getting a US visa capped a very successful two years of rehabilitation post-conviction

Once you’ve received a conviction, it can be easy to assume that the worst will happen and life as you know it will end. However, as Ben has found out, if you plan for everything and don’t give up hope then there is light at the end of the tunnel – just make sure you head towards it.

 

I have always been resourceful. Always had decent jobs, even holding down a fairly senior job. My world changed in 2016 when I was found guilty of a fraud offence.

I pleaded guilty and received a fine. Unfortunately my employer found out about it and decided that I posed too much of a risk to them from a publicity perspective and I agreed to resign.

Fortunately, I had already planned for this eventuality following my arrest some months earlier. I knew when my court date was and guessed that my employer would find out soon after and that they would want me to leave. That’s where my master rehabilitation plan swung into action!

To protect myself from the ‘google-effect’, I changed my name by deed poll and went through the arduous process of changing it across bank accounts, insurances, government agencies and family/friends.

I looked at the job market and started to consider a new career in my new name, therefore preventing the ‘DBS by Google’ impact. If they chose to Google me, they wouldn’t find anything negative that they could use against me.

As I agreed to resign, I also negotiated with my outgoing employer to have an agreed reference confirming that my reason for leaving was one of resignation and nothing that could be deemed more sinister. When the HR team requested the reference, I made them aware to do so in my old name, I explained it was my former professional name – it didn’t raise any questions and the reference came back as agreed.

So, from a work perspective I was sorted. New job to start following my court appearance, new name, new documents and looking forward to moving on with my life post-conviction. I just had to ride out the initial 12 months to cover the time it would take before it became ‘spent’, and a further 12 months to make it 2 years so that my employment was protected from unfair dismissal.

My next challenge was that I was planning a holiday to the USA – luckily it wasn’t for 2 years but I had read the horror stories and forums about anyone who had a fraud conviction (a crime involving moral turpitude) would not be eligible for a visa waiver and therefore have to go down the visa route which is not always successful – having spent over 10 holidays in the States over the last 15 years, I was thinking about the prospect of never being able to go back.

Using the US Consular website I completed my DS-160, applied for my police certificate from ACRO and printed off my VCU1 form – I made sure that all of the information matched across the various forms, I went back through my diary and passports to ensure I captured any visits to the US and the countries around the world – I wasn’t taking anything for granted and after all, I had nothing to hide.

I paid my $160 and managed to get an appointment for a Friday morning. Again, the forums paint a range of stories about long queues, consulate staff who can be obstructive, long waiting periods and bad news stories but my experience was quite the opposite.

I travelled to London the night before. I arrived at the Embassy wearing my best suit, shirt and tie, carrying a folder containing every document I could ever need to prove my ties to the UK and financial status. Going through a very smart and efficient security checkpoint and into the Embassy visa department, you get a ticket and wait for your number to flash up on the screen.

The screen flashed up my number and I headed round to one of the private booths away from the rest of the standard visa windows. The lady took my fingerprints, asked why I could not use the ESTA system, scanned my documents and then asked me to wait to be called and interviewed.

I waited for another 30-40 minutes when I was called to another room. I was greeted by an American lady who proceeded to question me about my employment status, how long my last visit to the US was for, when I was looking to go back again and then the details around my conviction – I explained everything honestly and with full detail. After what seemed to be ages, the lady looked up from her screen and said “I’ve approved you for a visa”. I’d got a full tourist visa for multiple entries and then the revelation came – it was for 10 years!

If it wasn’t for the glass security screen, I would have hugged her. She explained that I would be getting an email in the next couple of days with the details of where to pick up my passport.

The email came through a couple of days later and I drove to pick up my gleaming passport with the new 10 year visa stuck in it – I was elated.

My 2 year rehabilitation is now complete – new job, new name, new outlook, no negative online footprint and a new 10 year US tourist visa to boot. Regardless of what happens, try to be one step ahead and ensure you plan for every eventuality. In this process it usually will happen and with a clear plan in place, you should be able to deal with any pitfalls.

By Ben (name changed to protect identity)

 

Useful links

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

 

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