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For people with criminal records
For people with criminal records

Type: Advice Update

‘Turings Law’ takes effect to posthumously pardon thousands of gay and bisexual men

We were pleased to hear the Justice Secretary, Sam Gyimah, announce yesterday that thousands of gay and bisexual men convicted of sexual offences which have now been abolished (decriminalised) have been posthumously pardoned.

This pardoning has become known as ‘Turings Law’ after Alan Turing, a World-War Two code breaker often referred to as ‘the father of modern computing’. In 1952 Alan went on trial and was convicted after police learned of his sexual relationship with a young man.  He committed suicide in 1954 but in 2013 was pardoned for his ‘crime’.

The Policing and Crime Bill sets out in law pardons for those convicted of consensual same-sex relationships before the laws changed.

Crucially for people with convictions, the Act also applies to those still alive who have successfully applied through the Home Office disregard process to have historic offences removed, although we know that the numbers of people that apply through this process is very low and often acts as an unnecessary obstacle.

That said, the news yesterday will mean that people who successfully get their conviction ‘disregarded’ with also receive a pardon.

Note: The law does not apply to non-consensual sexual acts or those involving people under the age of consent.

For more information

  1. For more practical self-help information – Removing historical convictions and cautions for consensual gay sex from criminal records
  2. Questions – If you have any questions about this, you can contact our helpline.

 

Monthly summary – January 2017

Welcome to our monthly summary for January 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. 

Work and volunteering

  • Working in the criminal justice sector and prison vetting – We’ve produced some new information which looks at the types of vetting you might have to go through if your job involves going into a prison, and how your criminal record may impact on your chances of successfully getting security clearance.
  • Financial services sector – We’ve updated this page and added some new links from the FCA website on what information individuals have to disclose about their criminal record.

Criminal record checks for employment

  • Eligibility for standard and enhanced checks – We’ve updated this page to make it easier to navigate and we’ve also included a link to the DBS eligibility tool which may assist you in establishing whether a role you’re applying for would be eligible for a standard or enhanced DBS check.

Insurance

  • List of insurance brokers – We’ve just updated our list and added a further two brokers who can assist people with convictions to get insurance.

Information on the internet

  • The Google effect – We’ve updated our information to include a section on what you can do if Google refuse to remove a link and the Information Commissioners Office agree with them.

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.

Struggles and stigma – The ongoing impact of my husband’s offence – being disqualified by association – ‘When I was 39 weeks pregnant, I was told by my employer (a school) that, as a result of my husband’s criminal record I was disqualified by association and would be suspended from my job as a teacher until such time as I was granted a waiver ….’

Success – Job centre advisors make sure you understand the problems facing ex offenders – ‘In October 2015 I found myself sitting in front of a job centre advisor desperate for her to help me find a job so that I’d have some money to buy my kids some Christmas presents and to put that all important turkey on the table ….’

Success – Unlock – the beginning – by Bob Turney, Unlock’s co-founder – ‘Have you ever had a chance encounter with someone that has had a far reaching impact on people’s lives for the good? I have been fortunate enough to have had a few such meetings but this one was particularly memorable ….’

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.

Disclosing a conviction after you’ve been offered a job – Wotsit39 has asked for some disclosure advice. He’s just been offered a new job and been told that his new employers will be doing a basic criminal record check once he starts work. He has an unspent conviction which he hasn’t disclosed and so far he hasn’t handed in his notice to his current employers. What would you do?  Post your comments here.

Eligibility for an enhanced DBS check – Frances has just been offered a job as a gardener in a school and her employers want to do a DBS check. As she’s not going to be working with the children she wants to know whether they can do this. 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.

Winter 2016/17 Activities Newsletter

We’ve published our winter 2016/17 newsletter which provides an update of the news at Unlock in the last three months.

Disqualified from being a trustee or senior manager

Christopher Stacey has written an article for Third Sector in which he expresses his concerns about the automatic disqualification rules which will be introduced later this year which will prevent some people with criminal convictions from being charity trustees and senior managers.

Don’t assume that a criminal record will automatically stop you from working in prisons

Finding an open-minded employer who is keen to give you a job when you have a criminal record is never easy.

For many people, the answer to this is to try and work for an organisation involved in the criminal justice system. Many believe that their past will be looked upon more positively, whilst others feel that their own personal experience makes them want to ‘give something back’.

We’ve just published some new information on working in the criminal justice sector and prison vetting which looks at the type of vetting you might have to go through if your job involves going into a prison, and how your criminal record may impact on your chances of successfully getting security clearance.

Don’t assume that having a criminal record will stop you from doing this type of work. Your own experience together with your skills and knowledge mean that you’ll bring additional qualities to the role and make you an asset to any employer.

For more information

  1. Our new information – Working in the criminal justice sector and prison vetting
  2. For more practical self-help information – Find out more information on criminal record checks for employment
  3. To discuss this issue with others – Read and share your experiences on our online forum – What does security vetting involve
  4. Questions – If you have any questions about this, you can contact our helpline.

What affect does a driving endorsement have on when a motoring conviction becomes spent?

Our helpline often receives calls from people who have received driving convictions and are confused about when this will become spent under the Rehabilitation of Offenders Act.

Some of the more serious driving offences could result in your licence being revoked (i.e. you are banned from driving) and even a prison sentence. However, in addition to these specific disposals, your driving licence is usually endorsed.

In the days of paper licences, it was easy to see that your licence had been endorsed. Following a court hearing, you’d normally be instructed to send off your licence to the DVLA and it would be returned to you with a code added to it. For example SP30 (if you’ve been found guilty of speeding on a public road) or DR10 (for a drink driving conviction).

Now that we no longer have paper licences, endorsements are kept electronically by the DVLA.

In terms of when the conviction becomes spent, it’s important to look at the Rehabilitation of Offenders Act. Basically, depending what sentence/disposal is received, it takes the relevant ‘rehabilitation period’ to become spent. If you receive more than one sentence/disposal, it’s the longest rehabilitation period that applies.

For example, if Mr Motor is banned from driving for three years but also receivs a fine which, on its own, takes one year to become spent, the rehabilitation period would be 3 years as it would be based on the disposal with the longest rehabilitation period.

However, Mr Motor was also given an endorsement. Endorsements for road traffic offences have their own rehabilitation period of 5 years (2.5 years if you’re under 18 at the time). A list of endorsement codes can be found here.

So, Mr Motor’s conviction would not actually become spent for 5 years due to the addition of the endorsement to his licence.

If you’re in any doubt about whether you’ve got an endorsement, you can check your own driving licence at the DVLA Shared Driving Licence Scheme. You could also do a Subject Access Request, as this is the information that is used to process basic disclosures.

Once you’re clear about what’s on your criminal record, you can then work out when your conviction becomes spent. Try using our disclosure calculator to do it for you. If you think something is spent, you can always double-check by applying for your own basic disclosure.

For more information

  1. For more practical self-help information – Find out more information on motoring convictions and the ROA.
  2. Questions – If you have any questions about this, you can contact our helpline.

Monthly summary – December 2016

Welcome to our monthly summary for December 2016.

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. 

Sexual offences

  • Relationships, children and dealing with social services – We’ve produced some new information which looks at what you may need to consider if you’ve been convicted of a sexual offence and are looking to start a new relationship. It also deals with how social services may become involved in any new or existing relationship where there are children involved.
  • General information about sexual offences and sex offence notification requirements – We’ve updated both of these pages to make them easier to navigate and added links to other relevant parts of our site.

Barring

  • Barring (Children’s Barred List and Adult’s Barred List) – We’ve updated our information on barring to include details of how the DBS may consider adding you to a barred list if you’ve been cautioned or convicted of an automatic inclusion offence (irrespective of when it was) and are applying for an enhanced 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 – My world’s just got bigger – disclosing my conviction to a new partner and travelling to Canada – ‘I’d been seeing Michael for a couple of months and enjoyed his company. We liked the same things – going for walks, nice meals, dancing. It wasn’t love at first sight but I’m 67 so not surprising really …..’

Success – What I wish I’d known 8 years ago – moving on with a spent conviction – ‘Recently I applied for a volunteering job at Unlock. I filled in my application form, had an interview and was invited along to do a couple of ‘taster-days’. The purpose of these are for Unlock to understand your skills but more importantly for you to decide whether the role is right for you …..’

 

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.

Completing a Canadian ETA – Effiew has raised a query around applying for an ETA to travel to Canada. If you’ve been through the process, share your experiences here.

Employers and DBS checks – bd7771 has commented on the number of employers that carry out criminal record checks. Post your comments here.

 

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’s evidence to the Justice Committee inquiry into Youth Criminal Records

Our evidence to the Justice Committee’s inquiry into the disclosure of Youth Criminal Records has now been published on the Parliament website. As part of the inquiry, we also took a small group of people with convictions to a private session with the Justice Committee. Find out more about this work here.

Unlock welcomes Nick Hardwick as a new Patron

Nick Hardwick, the former Chief Inspector of HM Prisons has been appointed a Patron of Unlock. Find out what Nick says about joining the Unlock team.

Some examples of people we’ve helped

We’ve produced some case studies showing how people with convictions have been able to overcome some of the barriers they’ve faced as a result of their criminal record.

Government should consider a statutory “ban the box” for all employers and improve the support to people released from prison

The Work and Pensions Committee have published a report calling on the government to drastically improve the support provided to people released from prison and to do more to encourage employers to recruit people with convictions. Read Christopher Stacey’s comments here.

Looking back at some key moments in 2016

Read Christopher Stacey’s blog in which he reflects on our work month-by-month during 2016.

Court makes it clear – spent convictions shouldn’t be taken into account for housing applications

In most areas of England & Wales, there are long waiting lists for social housing and more often than not, a shortage of housing stock.

To address this issue, some social housing providers will have restrictions on who can apply for housing. Providers may decide that houses or flats will only be offered to people who come from the local area, or that they will not house people with particular criminal histories, or that some types of accommodation are for people in particular age bands.

Social housing providers can decide who does and does not qualify to be added to the waiting list. People who do not qualify may for example include people convicted of selling drugs or those that have in the past been violent towards a member of council staff.

If you are applying for registration on the housing list, most application forms will ask about criminal records. Legally, you only need to disclose unspent convictions.

In the past, social housing providers have been guilty of asking applicants to provide them with Subject Access Requests, something which was made illegal in March 2015 (find out more here). Some providers continue to ask misleading questions, not making it clear that applicants only need disclose unspent convictions. As a result of this, it is possible that individuals could over disclose their criminal record and that some providers will take spent convictions into account.

But housing providers beware! Earlier this year, Hammersmith and Fulham Borough Council were found to have acted unlawfully by basing its decision not to add an individual to its housing register on the fact that the claimant (YA) had a spent conviction.

YA was convicted of several offences between the ages of 12 and 15 including theft, criminal damage, assault and possession of Class A drugs. At the time of the offence, he was under the care of the council which was how they were aware of his background.

He applied to go on his local council housing register when he was aged 19 and, although the council acknowledged that his convictions were spent, they stated that he would not be eligible to be added to the register because:

  • His behaviour remained relevant even if the conviction resulting from it was spent
  • The behaviour included incidents which were ‘hardly minor matters’, which the council was entitled to take into account

The High Court found that:

  • The decision amounted to a breach of Section 4 (1) of the Rehabilitation of Offenders Act 1974
  • The decision was irrational

We see this is an extremely good result and it will no doubt have implications for other social housing providers.

The court have made it very clear that if you have spent convictions and are asked to disclose them, then you can treat the question as not being relevant to you.

In preventing themselves from future legal action, housing providers should make sure that if they’re asking applicants to disclose criminal records, they make it clear that spent criminal records do not need to be disclosed.

If you believe that your criminal record is having an impact on your ability to apply for social housing then we’d like to hear from you. Read more about the policy work we’re doing on this issue.

For more information

  1. For practical self-help information – More information is available on our housing section
  2. To discuss this issue with others – Read and share your experiences on our online forum
  3. Our policy work – Read about the policy work we’re doing on criminal records and social housing
  4. Questions – If you have any questions about this, you can contact theHelpline.

Moving on: Getting insurance if you’ve been to prison

In November 2016, we wrote an article for Inside Times ‘Through the Gate’ section which focused on the problems of getting insurance if you’ve got a criminal record.

It was written as a series of questions and answers and a copy of the article can be found below.

I’m just about to leave prison and have been told that it might be difficult to get insurance for my new flat and business. Is that right?

It’s true that most mainstream insurers discriminate against people with unspent convictions and you are probably going to struggle to get house or commercial insurance with them. Every mainstream insurer (except some car insurers) have blanket bans on people with unspent convictions and will usually refuse to even provide you with a quote.

So, isn’t it better just to not disclose?

No. It’s unlikely that an insurer will find out about your conviction when you take out your policy unless they are alerted to it. The problem will come if you need to make a claim as this is when an insurer would normally take more interest in your criminal record. The insurer will want to check with you the details they have and, if you tell them something different to what you told them when you took out the policy, they may want to investigate further. If the claim you’re making is quite big, they may do an internet search against your name to see if anything flags up. They may even ask you to agree to have a basic criminal record check.

If your unspent conviction comes to light, your insurer could then refuse or reduce your claim or, in a worst case scenario, the police could prosecute you for lying when you took out the policy. So, not disclosing if you’re asked is a huge risk to take.

Will anybody insure me?

Yes! Since 1999, we’ve been working with a range of brokers to develop cover for people with unspent convictions and we publish a list of those who specialise in providing insurance for people with unspent convictions. Some of them will be familiar to Inside Times readers as they advertise in this paper. We’ve also put together a list of mainstream motor insurers who only take motoring convictions into account.

Our list of brokers and motor insurers is available to download from our website or by writing to our office address. One of the most important pieces of advice is to shop around and not simply take the first quote you’re offered.

Do things get any better when my conviction is spent?

Yes. Once your conviction becomes spent the picture is much rosier. Under the Rehabilitation of Offenders Act 1974 (as amended in 2014), if you received a prison sentence of four years or less, your conviction will become spent at some time in the future. For example, a 2 year sentence as an adult becomes spent four years after the end of the full sentence. We’ll look at how this legislation works in more detail in a future article.

Once spent, you won’t need to disclose your conviction to insurers and they’re not legally allowed to consider your convictions. However, insurers don’t always make it clear that people don’t need to disclose their spent convictions and we’ve seen insurers ask questions such as:

Have you or anyone who normally lives with you ever been convicted of, or charged with any offence (other than a driving offence)?

If you see a question like this, you should interpret it as only relating to unspent convictions. If the convictions are spent, you can say no.

What else should I know?

If an insurer doesn’t ask about convictions, check any documentation that you receive to make sure that the information they have about you is correct. We’ve seen examples where individuals were not asked about convictions, but when they were sent the paperwork to sign, the section about convictions had been marked with ‘No’.

If an insurer does ask about convictions, make sure you get some form of written confirmation of the information that you’ve disclosed. This will be helpful in the event of any disputes about what you’ve disclosed.

Don’t rely on a telephone call being recorded – get proof in writing.

If your conviction will become spent in the future, find out when this is so that you don’t disclose it for longer than you have to.

 

 

Things to consider when disclosing a sexual offence conviction to a new partner

Finding a new partner can often be difficult, but if you have a criminal record (especially if it’s for a sexual offence) finding someone to share your life with can be even more challenging. A criminal record is often a source of embarrassment and deciding when to discuss it to a new partner can cause much anxiety.

We’ve produced some new information which gives tips on disclosing your conviction and some of the consequences which may result from it, especially if you are in a relationship with somebody who has children.

It’s unlikely that you would wish to divulge a lot of personal information to somebody that you may not have a future with. However, it can then become increasingly difficult to discuss as the relationship progresses. A fear of rejection is often the reason for people not disclosing, but if your partner finds out later on (or the police decide to tell her themselves), it can cause massive trust issues between the two of you.

Remember, disclosing your conviction doesn’t have to be the end of your relationship. As a caller to our helpline said recently:

I’m not an idiot. I know this should be a red flag – but I also know that bad things happen to good people and he seems like a good person

For more information

  1. For practical self-help information – More information on this is on our sexual offences section 
  2. To discuss this issue with others – Read and share your experiences on our online forum – Disclosing a criminal record to a new partner
  3. Questions – If you have any questions about this, you can contact our helpline.

 

Monthly summary – November 2016

Welcome to our monthly summary for November 2016.

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. 

Work and volunteering

  • Becoming a police officer – We’ve produced some new information on becoming a police officer and how your criminal record may affect your application to join the police.
  • Applying for a taxi licence with a criminal record – Based on a Freedom of Information request undertaken by a Welsh newspaper, we’ve set out some new information highlighting the number of taxi licences successfully approved for people with a criminal record.

Insurance

  • Commercial insurance – We’re updated our information on commercial insurance to reflect changes in the Insurance Act 2015 which came into force in August 2016.

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 – My prison and volunteering journey – Volunteering at Unlock – ‘Prison isn’t a nice place to be, let’s be honest. I was told so many times that I ‘stuck out like a sore thumb’ due to my diction and mannerisms. I just didn’t fit in, which in turn attracted the wrong kind of attention …..’

Success – John O’Groats to Land’s End – not as far as the journey from armed robber to vicar! – ‘If there’s one thing I’ve learnt from watching Robin Hood on television, it’s that even the most hardened lawbreaker can defy all expectations and turn their lives around …..’

Success – The £6K scratch and using Unlock’s list of brokers to get car insurance – ‘I’m 50 years of age and have been driving for almost 30 years. In 2013, I was convicted of drink driving and banned for 14 months. I paid my fine and served my ban. At the end of the ban I got insurance from GoSkippy for £600  …..’

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.

The ‘Google-effect’ – There’s been further discussion this month around the ‘google effect’ with Link sharing a response he’d had to a complaint he’d made to the Information Commissioner’s Office. Have you applied to have links removed from internet searches? If so, share your experiences here.

Insurance – Runner83 has asked for information around the type of insurance that he would need for his web-based business. If you’re able to provide him with any help, please post your comments here.

Travel to the EU – tedstriker has posted some information setting out the EU’s plans to implement a European Travel Information and Authorisation System, similar to the ESTA used by the United States. Read his post and post your views.

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.

New briefing on the Charities Act 2016 – disqualification of senior managers and trustees with convictions

In late 2017, we expect new disqualification powers to be introduced under the 2016 Charities Act. Together with Clinks, we have jointly published a briefing paper which summarises what disqualification could mean for you.

We are also looking to hear from anybody who may be affected by the changes. Find out how you can get in touch.

The Longford Prize 2016

Unlock has been named joint winner of the Longford Prize 2016 together with The Shakespeare Trilogy. The Award recognises ‘the contribution of an individual, group or organisation working in the area of penal or social reform, showing outstanding qualities of humanity, courage, persistence, originality and commitment to diversity’. Read what the judging panel said about us here.

Criminal record disclosure training

We’ve just announced details of our criminal record training taking place in February 2017. Click here to find out what the training involves and how to book a place.

New Chair of Trustees

Andrew Henley, Lecturer in Criminology at Keele University has been appointed Unlock’s new Chair of Trustees. Find out more about Andrew here.

Is it possible to become a police officer if you have a criminal record?

Over the last few years, the rules regarding eligibility to become a police officer have been slightly relaxed. However, there are still strict entry requirements and some convictions/caution will result in your application being immediately rejected whilst others will be considered on a case by case basis.

We have published some new information which sets out how your criminal record might affect your application to join the police.

If you have a criminal record and were accepted to become a police officer, we’re keen to hear from you and share your story anonymously. Email us at advice@unlock.org.uk

 

For more information

  1. For practical self-help information  – More information on this can be found on our looking for (and keeping) employment and volunteering section
  2. To discuss this issue with others – Read and share your experiences on our online forum – specific occupations and professions
  3. Questions – If you have any questions about this, you can contact the helpline.

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