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For people with criminal records

Type: Advice Update

Monthly summary – December 2017

Welcome to our monthly summary for December 2017.

This provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to people with a criminal record

Have you just stumbled across this? You can receive these updates direct to your inbox every month for free by signing up to our mailing list (make sure you choose to receive ‘news for people with convictions’)


Updates to our information site

Here’s a summary of the updates that we’ve made recently to the theInformationHub. There are links within each update to where you can find more information about the update. There are also links next to many of the updates, which link to threads on our online forum where you can discuss these with other people with convictions. 

About criminal records

  • How do the police deal with offences relating to youth produced sexual imagery (‘sexting’) – We’ve produced a new advice post which explains the new discretionary powers given to the police by the Home Office when dealing with young people accused of ‘sexting’ offences.

theRecord posts

Below are links to recent posts to our online magazine, theRecord. These are often linked to from the practical information that we have, to help give some personal experiences.

Success – Shooting for the stars – Getting a shotgun licence with a criminal record – “Even if I say so myself, I had a rather troubled upbringing and spent a bit of time in a youth detention centre. However, by the time I’d reached my late 20’s I’d started to calm down a bit and was thinking about using my energy and enthusiasm in a positive rather than negative way …..”

Struggles and stigma – Sacked again! Why can’t employers see beyond my past and just give me a chance to prove I’m a different person? – “The day began like every other day. After breakfast and a shower I had a pretty good 30 minute commute to work and was at my desk with plenty of time to spare …..”

Success – I’ve been given a new lease of life now that my name doesn’t come up on internet searches – “Quite a few years ago, I ended up with a conviction, which was reported in the local newspapers and resulted in my name appearing on search engine results. I totally understand that I need to pay for my mistake; however, whilst I am thoroughly ashamed of what happened I have moved on and managed to get my life back on track …..”

Discussions on our online forum

Below are links to recent posts to our online forum. If you’d like to join in the discussion but are not currently a forum member, find out how you can join here.

Sharing UK criminal record information with the USA – One Time Crim shared a link from ACRO’s annual report which set out details of how they have been looking to improve the way criminal records are shared between the UK and USA.

SOPO’s – unspent convictions – unfairly dismissed for the second time – As a result of his SOPO, RunningMan’s conviction remains unspent. This has resulted in his dismissal after applying for a new role within his company which required a criminal record check. He is currently in the process of getting legal advice but would be keen to hear from anybody who has been through similar experiences. Can you help?

Other news and developments

Below are links to other news and developments that might be of interest to people with a criminal record. For more news, check out the news and media section of our main website.

Decade-old criminal record disclosures? The need for reform

A briefing published by the Centre for Criminal and Justice Studies (CCJS) found that three-quarters of a million criminal records that are more than a decade old are being revealed to employers on DBS checks each year. Read more about why Unlock believes there is a desperate need for reform.

Looking back at 2017 – A month-by-month review of our work and criminal record developments

2017 was a very busy year for Unlock with lots of positive news. Read Christopher Stacey’s month-by-month review of our work.

How do the police deal with offences relating to youth produced sexual imagery (‘sexting’)

‘Sexting’, defined as ‘the taking and sharing of sexual images of children by children’ is seen by many as being pretty harmless. However, in the eyes of the law, it is illegal.

Doing any of the following means that you’ll probably be deemed to be breaking the law:

  • Take an explicit photograph or video of yourself or a friend
  • Sharing an explicit image or video of a child, even if it’s shared between children of the same age
  • Possessing, downloading or storing an explicit image or video of a child, even if the child gave their permission for it to be created.

As the police began dealing with more and more cases like this, then potentially more young people were running the risk of receiving a criminal record which could potentially stay with them forever.

In January 2016, the Home Office launched a new outcome code (Outcome 21) to give the police more discretion when handling crimes such as this. It was believed that allowing the police to record that a crime had been committed without needing to take any formal action, would reduce the criminalisation of many children.

In their guidance, the College of Policing state:

Outcome 21 may be considered the most appropriate resolution in youth produced sexual imagery cases where the making and sharing is considered non-abusive and there is no evidence of exploitation, grooming, profit motive, malicious intent or it being persistent behaviour.

Importantly, offences recorded in this way will not be disclosed on any type of criminal record check that is carried out for employment purposes in the future.

The NSPCC and Childline have some really useful information and advice for anybody that has sent or been asked to send explicit images or videos.

For further information

  1. For practical self-help information – More information is available on our criminal record checks for employment section
  2. Discuss this with others – Read and share your experiences on our online forum
  3. Questions – If you have any questions about this, you can contact our helpline.

Monthly summary – November 2017

Welcome to our monthly summary for November 2017.

This provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to people with a criminal record

Have you just stumbled across this? You can receive these updates direct to your inbox every month for free by signing up to our mailing list (make sure you choose to receive ‘news for people with convictions’)


Updates to our information site

Here’s a summary of the updates that we’ve made recently to the theInformationHub. There are links within each update to where you can find more information about the update. There are also links next to many of the updates, which link to threads on our online forum where you can discuss these with other people with convictions. 

About criminal records

  • Implications of accepting a police caution – We’ve produced some new information setting out the implications that a caution will have in the future, particularly if you’re employed (or looking to work) in certain professions such as teaching or nursing.
  • Disregards and pardons: Removing historical convictions and cautions for consensual sex from criminal records – We’ve updated this page to include new figures received from the Home Office.

Work and volunteering

  • Becoming a driving instructor – We’ve updated this page to include some updated links.

Criminal record checks for employment

  • Problems with manual Disclosure and Barring Service certificates and the update service – We’ve published an advice post explaining some of the problems with the update service if you’re only able to get a “manual certificate”. We’re keen to hear from anybody that has experienced difficulties in joining the update service with a manual certificate, especially if it’s stopped you applying for jobs with certain employers.

theRecord posts

Below are links to recent posts to our online magazine, theRecord. These are often linked to from the practical information that we have, to help give some personal experiences.

Success – The long journey from crack to carer – Working in a care home – “I’m sitting at Gatwick Airport with my son waiting for our flight to Spain to be called. We’ve both been working really hard so we’re looking forward to the break. It’s strange to think that the crazy journey I’ve been on started at Gatwick and will end there as well …..”

Struggles and stigma – What’s the right chemical formula to getting a place at university? – “In 2015 I received a suspended sentence for the transportation of illegal immigrants across the EU border. I was in a really bad place at the time having fled the UK with my two children after being a victim of domestic violence at the hands of my ex-husband …..”

Success – Travel tips if you’re on the sex offenders register – “I’ve been subject to notification requirements for the past 5 years and during that time I’ve travelled extensively around the world, between 12-15 times a year. Although my experiences will be difficult to yours, I really hope that what I share will help you to understand a little more about the process you’re likely to go through …..”

Discussions on our online forum

Below are links to recent posts to our online forum. If you’d like to join in the discussion but are not currently a forum member, find out how you can join here.

Travelling abroad for employment while on licence – Rezl has been offered a voluntary position abroad but his probation officer has refused him permission to travel. Has anybody any experience of appealing a probation officers decision? What did you do?

Where can I seek permanent residency with a criminal record? – jcm-1590 is looking for some advice about moving abroad. Can anybody help?

Other news and developments

Below are links to other news and developments that might be of interest to people with a criminal record. For more news, check out the news and media section of our main website.

Moving on: Applying to university

We’ve written another article for Inside Time magazine ‘Through the Gate’ section which focuses on applying to university. You can read the whole article here.

Problems with manual DBS certificates and the DBS update service – has this happened to you?

In their guidance to employers for the update service, the Disclosure and Barring Service (DBS) state that:

An employer can check someone’s DBS certificate status online and get a result straight away”

This ability to check someone’s criminal record quickly and start them working almost immediately is seen as a benefit to employers. Many employers have started to ask that anybody seeking work in roles that involve standard or enhanced DBS checks to sign up to the update service as part of their recruitment process.

However, we’ve recently been made aware of issues arising with the update service if you’re only able to get what’s called a “manual certificate”.

Manual certificates are usually produced by the DBS when technical issues occur during the retrieval of data from the Police National Computer (PNC). We’ve learnt that this is an issue that seems to specifically impact on people with convictions, and usually where someone has appealed a sentence or conviction.

As it stands, if you have a manual certificate you won’t be able to use it to join the update service. We’ve raised this as an issue and the DBS are working on improving the system and can write to any employer that insists on applicants joining the update service, explaining the reasons why this may not be possible. However, in our opinion, this could potentially give rise to suspicion amongst employers.

A recent Freedom of Information request that we did, covering the financial year 2016/17, showed that in total 4,335,385 standard and enhanced checks were carried out of which, 1,161 were produced manually. The DBS have confirmed that all 1,161 certificates contained some PNC information.

Although the numbers may appear small, potentially 1,161 people are unable to join the update service and could be prevented from working for those employers who use it as a mandatory part of their recruitment process.

We’d like to hear from anybody that has experienced difficulties in joining the update service with a manual certificate, especially where it’s stopped you from applying for jobs with certain employers. Please email your details to debbie.sadler@unlock.org.uk.

For more information

  1. For practical self-help information – More information is available on our DBS update service section
  2. Discuss this with others – Read and share your experiences on our online forum
  3. Questions – If you have any questions about this, you can contact our helpline.

Are cautions just a ‘slap on the wrist’ or are there further implications in accepting one?

Cautions are often referred to as a ‘slap on the wrist’ and can appear appealing as it means that you’ll be dealt with quickly at the police station and won’t need to go to court.

However, many people are not aware that a caution will form part of their criminal record and can cause problems in the future.

Calls to our helpline continually highlight the number of individuals who are unaware of the significance of accepting a caution until it resurfaces unexpectedly many years later.

We’ve produced some new information on the implications of accepting a police caution which we’d recommend anybody faced with the option of accepting a caution reads before deciding how to proceed.

We’re also working on some more information about things to be aware of after receiving a caution – we’ll be sharing more details about this soon.

For more information

  1. For practical self-help information – More information is available on our implications of accepting a police caution section
  2. Questions – If you have any questions you can contact our helpline

Moving on: Applying to university

This month, we’ve written another article for Inside Times ‘Through the Gate’ section which focuses on applying to university.

A copy of the article can be found below.

I’m thinking of applying to university when I leave prison. Will my criminal record cause me a problem?

For many people, prison can be an ideal opportunity to improve their education, be it their numeracy or literacy skills or by undertaking distance learning courses, often funded by the Prisoners Education Trust. Your prison education department should be able to provide you with further information and may be able to assist you in completing application forms. But, what if you’re planning to apply to university once you’ve left prison?

Although universities are generally considered quite welcoming towards people with convictions who are interested in learning, they do still ask about criminal convictions. However, for many courses you will usually only be expected to disclose unspent convictions and then, only if your offence is deemed to be a ‘relevant’ conviction.

What is a ‘relevant’ conviction?

UCAS (the organisation responsible for dealing with the majority of applications for full-time study at university) have defined what they mean by a ‘relevant’ conviction. It covers quite a lot of ‘categories’ of offence, including those involving:

  • Any kind of violence;
  • Offences listed in the Sexual Offences Act 2003;
  • The unlawful supply of controlled drugs;
  • Offences involving firearms;
  • Offences involving arson;
  • Offences listed in the Terrorism Act 2003.

So, if your conviction(s) doesn’t involve one of the above, then you won’t need to disclose it on the UCAS application form.

What if I’m applying for a course where I’ll be working with children?

If you’re considering a course which would involve things like placements with children or vulnerable adults then the university will usually do an enhanced Disclosure and Barring Service (DBS)  check. In this case you will need to disclose all your convictions to the university (both spent and unspent).

Will the university accept me if I disclose my convictions?

If you disclose your convictions, you shouldn’t automatically be refused a place. There are good practice guidelines that universities should be working to that set out how they should handle your application. However, if you choose not to disclose and the university find out then they will probably see this as a breach of trust and won’t progress your application.

Once you’ve disclosed, the university will normally contact you, asking you to provide additional information about your conviction to help them carry out an assessment. They might set up a ‘panel’ to consider your case. Although this might sound daunting, make the most of this opportunity as it will give you the chance to provide evidence that you’ve taken responsibility for your actions and sought to address your offending behaviour. You should also describe what you’ve done since you received your conviction – for example any courses that you’ve taken and try to reassure the university that you don’t pose any risk to students, staff, visitors etc. The university should then consider any risks that they think are present, as well as whether you are able to meet any particular professional or statutory requirements that may exist for the course that you’re applying for.

What can I do if the university refuse my application?

We know lots of people that have been to prison that have gone on to successfully study at university. But sometimes people do get refused. If that happens to you, the university will often provide you with details of how you can appeal their decision.

It is always worth lodging an appeal if you’re given the opportunity to do so – you’ve got nothing to lose. You should make sure you set out your case clearly and concisely and avoid being too hostile or over emotional. We have spoken to and helped many people to successfully appeal a university’s decision.

What is Unlock doing?

We believe that people with convictions applying to university should be considered first and foremost on their skills and abilities rather than by the fact that they have a criminal record.

We are encouraging the government, UCAS and universities to remove questions about criminal records from the initial application stage and separating academic merit decisions with judgements around a past criminal record, which should come later in the process. In the meantime, we are working with UCAS to amend their application process and improve the guidance around disclosure on their application forms.

 

Monthly summary – October 2017

Welcome to our monthly summary for October 2017.

This provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to people with a criminal record

Have you just stumbled across this? You can receive these updates direct to your inbox every month for free by signing up to our mailing list (make sure you choose to receive ‘news for people with convictions’)


Updates to our information site

Here’s a summary of the updates that we’ve made recently to the theInformationHub. There are links within each update to where you can find more information about the update. There are also links next to many of the updates, which link to threads on our online forum where you can discuss these with other people with convictions. 

Criminal record checks for employment

  • Eligibility for standard and enhanced checks – We’ve updated this page to include a section setting out the definition of regulated activity for children and vulnerable adults.

Work and volunteering

  • Becoming a trustee of a charity – Following changes to The Charities (Protection and Social Investment) Act 2016, due to be introduced in early 2018, we’re keen to hear from anybody who has personal experience of applying to become a trustee. Find out how you can help us here.
  • Childcare Disqualification Requirements – Deciding whether or not you fall under the Childcare Disqualification Requirements can be confusing. We’ve updated this page to include some practical examples of who may be affected.

Other areas of life

  • Shotgun and firearms licence – If you’ve received a custodial sentence then it’s likely that you’ll be prohibited from owning a firearm for a certain period of time. However, if you’re applying for a licence and live with somebody who has a criminal record, this may also affect your chances of getting a shotgun or firearms licence.

theRecord posts

Below are links to recent posts to our online magazine, theRecord. These are often linked to from the practical information that we have, to help give some personal experiences.

Success – A life sentence can sometimes be just the beginning of a new life – ‘I was convicted of murder in 1990 and served a 10 year sentence. Instead of getting bogged down in prison with petty activities, I used my time in a constructive manner and enrolled on many courses as well as applying to do an Open University degree …..’

Struggles and stigma – “You’re fired” – Losing my job after my spent conviction came to light due to my own honesty – ‘When we consider what is needed to help those with criminal convictions move forward in their lives, time and time again we hear that the most important factor is having a job. There are many advantages to the individual, not only the obvious financial stability but also helping the individual to feel a sense of belonging, taking responsibility, gaining a sense of purpose and the creation of social relationships  …..’

Success – Trying to forget my criminal record almost cost me a job – ‘I received my conviction in 2007 following an argument with my partner. At the time I had two small children and therefore only worked part time for the NHS. This was the only time I’d ever been in trouble with the law …..’

Discussions on our online forum

Below are links to recent posts to our online forum. If you’d like to join in the discussion but are not currently a forum member, find out how you can join here.

Becoming a counsellor/therapist – Hope4eva is considering training to become a counsellor and a member of the British Association of Counselling and Psychotherapy. He wants to know if anybody has any experience of going into this line of work with a criminal record. Can you help?

Post Brexit impact on travelling to Europe – One Time Crim has added a link to a press release from the European Commission on the possible adoption of an entry/exit visa system. This issue will continue to concern anybody who has a criminal record so have a read of the press release and let us have your thoughts.

Other news and developments

Below are links to other news and developments that might be of interest to people with a criminal record. For more news, check out the news and media section of our main website.

Autumn 2017 Newsletter – What we’ve been up to

We’ve published an update of the news at Unlock in the last 3 months. Download a copy of it here.

Unlock speaks at High Sheriff charity event

Julie Harmsworth, Unlock’s co-director spoke at the ‘Causes that Matter’ event hosted by the High Sheriff of Kent, George Jessel. You can read more about the event here.

Criminal records regime is failing children and young people and anchoring them to their past for decades

Christopher Stacey, who gave evidence to the Justice Committee, responded to their report into the disclosure of youth criminal records. In addition, The Independent newspaper published a letter from Chris on the same subject ‘Forcing adults to admit to petty crime from their teen years is unfair and counter-productive’.

Have you applied to be a trustee of a charity with a criminal record? If so, we’d like to hear from you

People with criminal records play an important role in many charities, especially those working in the criminal justice sector. However, if you’ve been convicted of an offence involving dishonesty or deception and the conviction is unspent, you’re currently disqualified from becoming a trustee of a charity and must therefore seek a waiver from the Charity Commission.

The Charities (Protection and Social Investment) Act 2016, due to be introduced in early 2018, extend these rules,. This will mean more people with convictions will be affected, and it’ll also cover senior manager roles in charities.

We’re working on guidance for both individuals and charities, to help them deal with the changes. So we’d like to hear from you if you’ve got some personal experience of this. For example, you might have:

  1. Become a trustee while your criminal record was unspent – how did that process work for you?
  2. Applied to a charity to become a trustee and your application was not progressed because of your criminal record.
  3. Found that charities have policies in place that actively excluded you from applying
  4. Applied to the Charity Commission for waiver – was it successful? Or was it refused?

We’re also keen to hear you if you think you’ll be affected as a result of the changes.

Please send details of your experiences by email to debbie.sadler@unlock.org.uk. These will be kept confidential. More details on what we do with your experiences.

For more information

  1. For practical self-help information – More information is available on our becoming a trustee of a charity section
  2. Questions – If you have any questions you can contact our helpline
  3. Our policy work – Read about the policy work we’re doing on enabling people with convictions to become trustees and run charities.

Monthly summary – September 2017

Welcome to our monthly summary for September 2017.

This provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to people with a criminal record

Have you just stumbled across this? You can receive these updates direct to your inbox every month for free by signing up to our mailing list (make sure you choose to receive ‘news for people with convictions’)


Updates to our information site

Here’s a summary of the updates that we’ve made recently to the theInformationHub. There are links within each update to where you can find more information about the update. There are also links next to many of the updates, which link to threads on our online forum where you can discuss these with other people with convictions. 

About criminal records

  • What’s new from ACRO Criminal Records Office – We’ve written an advice post relating to the 2016/17 annual report of the ACRO Criminal Records Office. There’s some interesting information relating to how convictions received overseas are shared with the UK and also figures around the number of occasions that criminal record information has been deleted from the Police National Computer.

Work and volunteering

  • Applying for a taxi licence – We’ve produced some new information setting out how a criminal record may affect your chances of success in being granted a taxi licence from your local council.
  • Challenging an ineligible check – We’ve updated this page highlighting what information you need to include when contacting the Disclosure and Barring Service to challenge the eligibility of a DBS check.

theRecord posts

Below are links to recent posts to our online magazine, theRecord. These are often linked to from the practical information that we have, to help give some personal experiences.

Success – I couldn’t let a caution for ABH hold me back – Getting a job in the NHS – ‘I can’t help feeling that I’m a victim of ‘the system’. In 2008, after enduring more than a year of emotional abuse from my partner, the police came knocking at my door …..’

Success – Thanks to the police I’m able to pick my grandson up from school – Getting my SOPO discharged – ‘In 2010 I was convicted of a number of sexual offences and received a three year community order and an indefinite SOPO. With everything that was going on in court, I didn’t give too much thought to the term ‘indefinite’ and it was only later that I realised the significance of this …..’

Struggles and stigma – Employment embargo – Why does the prison think employers are ‘unsuitable’ and refuse to let me work? – ‘During the time I’ve spent in prison, I’ve had a variety of ‘jobs’ – sorting rubbish, working in the print shop, even packing headphones. The worst part of being in prison is the boredom so being out of your cell and working helps to break up the day …..’

Discussions on our online forum

Below are links to recent posts to our online forum. If you’d like to join in the discussion but are not currently a forum member, find out how you can join here.

Travelling abroad under probation – Nestor has been told by his probation officer that whilst he is on licence he won’t be allowed to travel to the EU. He wants some advice about the consequences of travelling without seeking permission from his probation officer. Can you help?

Police disclosure of criminal record – Normallife is on the SOR and plays football for a five-a-side team on a pitch owned by a school. Although he only plays outside school hours, the police are threatening to disclose his offence to the school. Has anybody had any experience of this?

Other news and developments

Below are links to other news and developments that might be of interest to people with a criminal record. For more news, check out the news and media section of our main website.

Unlock comment – The Lammy review

Christopher Stacey commented on David Lammy’s recommendations for reform of the criminal record disclosure regime. Read his comments and his blog in which he explains why ‘sealing’ criminal records is a good idea and how it could work.

Insurance companies are breaking the law by taking into account old criminal records

We’ve published new research which highlights major problems in the way that insurance companies deal with the criminal records of people applying for home insurance. You can download the research here.

As a result of the research, Unlock was invited onto Radio 4’s Money Box programme. You can listen to the programme here.

Thinking of becoming a taxi driver? Will your criminal record stop you?

Following our advice post last year on applying for a taxi licence, our helpline continues to receive many enquiries relating to this and so we have produced some new information on applying for a taxi licence with a criminal record.

Given the initial cost of applying for the licence, possible problems in getting taxi insurance, and with concerns around having an enhanced Disclosure and Barring Service check, people with criminal records are often put off from applying for a taxi licence. However, a criminal record will not automatically stop you from getting a licence and like any job, your ability to disclose your criminal record effectively can make all the difference.

A Freedom of Information request by the BBC earlier this year revealed that across six councils in the north-west, 300 people with convictions have been granted licences since 2012. Blackpool Council stated that when reviewing licence applications they considered factors including the age of the conviction, the sentence/disposal imposed and the applicants conduct since the offence. They had granted licences to many drivers with convictions for theft, burglary and criminal damage.

For more information

  1. For practical self-help information – More information is available on applying for a taxi licence and disclosing criminal records to employers 
  2. Questions – If you have any questions about this you can contact our helpline

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