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For people with criminal records
For people with criminal records

Type: Advice Update

Monthly summary – April 2016

Welcome to our monthly summary for April 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. 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 Information Hub. There are links within each update to where you can find more information about the update on our Hub. 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 members of the forum.

Work and volunteering

  • Receiving a criminal record whilst you’re in employment – We regularly receive enquiries from people who, following receipt of a caution or conviction, want to know how they should go about disclosing this to their current employer. Our latest information sets out not only your legal position, but other factors which you may want to take into consideration.
  • Becoming a Police and Crime Commissioner –  With the next Police and Crime Commissioner (PCC), elections taking place on 5th May 2016, we’ve produced some new information which looks at how a criminal record may prevent you from standing as a candidate in the future.
  • Be aware of what type of criminal record check is being done for the job you’re applying for – Once your conviction becomes spent, there is no need to disclose it to employers and it won’t appear on a basic criminal record check. However, if you are applying for a job which requires a standard or enhanced check, your spent conviction will be disclosed unless it’s eligible for filtering. Our latest advice post sets out the importance of understanding what’s on your criminal record and knowing what level of check an employer will be doing.

Insurance

  • List of insurance brokers – We’ve added three more companies to our list of brokers who are able to offer insurance to people with convictions.
  • List of motor insurers – We’ve recently been advised that, on their online quotation system, Elephant have started asking about non-motoring convictions. We’ve updated our list of motor insurers and removed Elephant from it. 

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.

News – US Judge expunges criminal record – ‘This article was originally published in The New York Times and we thought it would be of interest to people with convictions in considering how the US deal with old convictions………..’.

Successes – Life’s about reinventing yourself, not finding yourself – ‘I’ve been reading stories on theRecord for a while now and following my own experiences recently, I’ve felt compelled to write something in the hope that even if I can encourage just one person, then it’s been worthwhile……..’

Struggles and Stigma – Is a caution really ‘a slap on the wrist?’ – Not if you need a Police Certificate – ‘I have on rare occasions, recreationally used small quantities of ‘soft’ drugs, though less so as I’ve got older. I’m a professional, hard-working, and otherwise an entirely law-abiding citizen with not so much as a parking ticket. However, in 2011, I became a criminal and will be deemed as such until my 100th birthday….,’

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.

Helpline evaluation

A couple of years ago, we embarked on undertaking an independent evaluation of our helpline with the support of Professor Sue Wilkinson from the University of York, an expert in conversational analysis. The results of her analysis and evaluation have now been published in her report Unlocking the helpline.

Examples of people we’ve helped

We’ve published some case studies showing how people with convictions are able to overcome some of the barriers that have been put in their way due to their criminal record. Read the case studies here.

Spring 2016 Activities Newsletter

Download the Spring Newsletter which provides an update of the news at Unlock over the last three months.

New research into the impact of childhood criminal records and launch of campaign

This month, the Standing Committee for Youth Justice published their report which reviews the criminal record system in over a dozen countries and compares this to the system in England and Wales which is considered punitive and holds back children with a criminal record from reaching their full potential. Read the full report and Christopher Stacey’s comments here.

What do you do if you receive a conviction whilst in employment?

Most of our information around disclosing to employers looks at how to disclose details of an existing criminal record when you’re applying for work. However, what happens if you receive a caution or conviction when you’ve already got a job?

We’ve produced some new information on receiving a criminal record whilst you’re in employment, which looks at the consequences of receiving a criminal record whilst you’re working and whether you legally need to disclose it to your employer.

Irrespective of the legal position, it may be that you’ll need to look at other factors which may affect whether you disclose to your employer or not. For example:-

  • If there’s been any publicity about your case, you may need to weigh up the chances of your employer finding out about it.
  • If your conviction led to any restrictions, i.e. you may be prevented from going to certain places or working with certain people.
  • If the disposal you receive affects your ability to do your job, i.e. if you’ve lost your driving licence and your job involves driving.

Have a look at our receiving a criminal record whilst you’re in employment page, which features an interesting personal experience and some recent case law.

We hope you find this helpful. Let us know what you think by completing our feedback form.

For more information

  1. For practical self-help information – More information on convictions and employment law.

Be aware of what type of criminal record check is being done for the job you’re applying for

Over the last few weeks our helpline has been contacted by several people enquiring about what’s likely to be included in their Disclosure and Barring Service (DBS) checks.

People will often refer to their convictions as being ‘spent’ without appreciating that jobs requiring standard or enhanced DBS checks are exempt from the Rehabilitation of Offenders Act 1974 and that these DBS certificates will disclose both spent and unspent convictions and cautions.

However, since May 2013, many people have been able to benefit from having cautions and a conviction filtered from their DBS certificates which means they no longer need to disclose it.

We often hear from people who require DBS checks as part of an employer’s recruitment process. They don’t disclose their convictions because they’re spent and they don’t realise they have to. If their cautions or conviction is not eligible for filtering then, when their DBS certificate comes back, it will disclose their criminal record and the individual will then need to explain it to the employer. This can often leave employers feeling that they’ve been misled especially, if they’d previously asked the applicant to disclose, and they may decide to withdraw the job offer.

So, it’s important that you’re aware of what’s on your criminal record and that you know what level of check is being done by an employer for a job. Standard or enhanced checks can only be requested for certain job roles, but any job role could potentially involve a basic disclosure.

Knowing the type of check that’s being done for the role you’re applying for should prevent you from giving too much or not enough information to the employer. Too much information could mean that an employer decides not to proceed with your application. Too little information may lead to employers questioning why you didn’t disclose and you feeling as though you’ve been dishonest. They may decide not to offer you a role or worse dismiss you if you’ve already started the job.

Employers don’t always make it obvious – sometimes, you need to do a bit of digging. Ultimately, though, it’s important to be aware of the type of check that’s being done so that you can be clear and confident about what, if anything, you need to disclose.

For more information

For practical self-help information – For a more detailed guide on filtering, click here.

For frequently asked questions on filtering, click here

To discuss this issue with others – Read and share your experiences of filtering on our online forum.

Questions – If you have any questions about this, you can contact our helpline

Thinking of becoming a Police and Crime Commissioner in the future?

The next Police and Crime Commissioner (PCC) elections will be taking place on 5th May 2016.

Although its too late to put yourself forward for these upcoming elections, it might be something you think about for the future.

The role of PCC’s is to be the voice of the people and hold the police to account. Full details on PCC powers and responsibilities can be found on the Home Office website.

The rules for the PCC post are particularly strict. Your criminal record may prevent you from standing as a candidate if you have been convicted in the UK, the Channel Islands or the Isle of Man, of any imprisonable offence – whether or not actually sentenced to a term of imprisonment in respect of your offence.

We’ve put together some new information on how a criminal record will affect you, together with details of some personal experiences.

We hope you find it helpful. Let us know what you think by using our feedback form.

 

Changes to orders dealing with sexual offences

On the 8th May 2015, the Sexual Offences Act 2003 was amended, making changes to the provisions dealing with behaviour orders.

The following orders were repealed at that time:

These were replaced with:

Sexual Harm Prevention Orders (SHPO), can be made by a court at the point of sentencing for a sexual or violent crime, or following a complaint made about a person previously convicted of a sexual offence where their behaviour suggests that they may re-offend. Read more about SHPO’s here.

Sexual Risk Orders can be made where a person has carried out an act of a sexual nature as a result of which there is reasonable cause to believe that it is necessary for such an order to be made, even if they have never been convicted. See here for further information.

Monthly summary – March 2016

Welcome to our monthly summary for March 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. 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 Information Hub. There are links within each update to where you can find more information about the update on our Hub. 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 members of the forum.

About criminal records

Work and volunteering

  • Disclosure and Barring Service – We’ve added a link to the latest Applicant Guidance produced by the DBS on their update service. This subscription service allows you to keep your DBS certificates up to date and allows employers to check a certificate online, with your consent.

Travelling Abroad

  • Travelling to Canada – We’ve updated our information on travelling to Canada to reflect the introduction of the Electronic Travel Authorisations (eTA) on 15th March 2016. Any British Citizen now visiting or transiting Canada by air will be required to apply for an eTA prior to travelling.

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.

Successes – The Google Effect – You can be forgotten! – ‘I’d just started a new relationship when I sat my girlfriend down and disclosed my conviction to her. Out of interest, we decided to check Google to see if we could find out any information about my conviction on there – it was spent so I’d presumed there wouldn’t be anything. Well, imagine my shock and horror when it came up right in front of me……..’

Successes – Learning to forgive myself! – ‘In the 1990’s I got a conviction for GBH. I hit a guy and he suffered brain damage; he very nearly died. At first I was told I would be facing a charge of murder. Things were so close. I found it very difficult in prison, beyond any stress level I had encountered before, but as it was my first offence I managed to transfer very quickly to an open prison. That was better, but it wasn’t until my last week inside that I could actually lift my head up and look at other people…..’

Successes – USA – here I come! (at the second time of asking) – ‘Yesterday I collected my passport from a courier in Central London – the passport that contains a new B1/B2 visa to the United States of America. Nothing remarkable there except that in my (relatively recent) past I have a serious criminal conviction. It’s one for violence that belies my otherwise law-abiding life and indeed, the kind of person I am……’

News – Japan recognises ‘right to be forgotten’ – ‘Japan has taken another step towards recognising “the right to be forgotten” of individuals online after a court ordered Google to remove news reports about the arrest of a man who, according to the judge, deserved the chance to rebuild his life “unhindered” by records of his criminal past….’

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.

Got a criminal record? Ever had difficulties finding employment?

Unlock is currently working with the Centre for Entrepreneurs to get a better understanding of the role of entrepreneurship in supporting people with a criminal record. We’ve created a short survey to measure your experience of and interest in entrepreneurship. Read more and complete the survey here.

Briefing for insurers on criminal convictions

At the beginning of the year, we took part in a briefing event for the insurance industry on criminal convictions and insurance. Read the briefing that we prepared here. We’re also in the process of reviewing the questions that insurance companies ask and are working on those examples that we come across that are misleading in the hope that insurers will take a fairer approach towards people with convictions.

Job vacancy – Fundraising/Grants Officer

We’re looking for a part time Fundraising/Grants Officer on an initial 12 month fixed term contract to assist us in generating much needed new income for our work. Download further details of the vacancy here.

Unlock Co-Director wins High Sheriff Award

Christopher Stacey was presented with the High Sheriff Award on 10th March at Country Hall. The Award recognises individuals and organisations across Kent who benefit their communities or demonstrate a particular dedication to improving the lives of others. Read Chris’s comments on what winning the Award means to Unlock.

Unlock welcomes figures showing police are removing people from the sex offenders register

We welcomed figures obtained by the BBC which show that police forces are deciding to remove individuals from the sex offenders register. Read our press release here.

Top 10 things to know about criminal records

We’ve produced some new information, 10 things to know about criminal record, which provides a short summary of the key things that people with convictions should know about their criminal record.

The most important thing for anybody with a criminal record is to know exactly what theirs includes . Many people don’t know the details of their record and it’s vital that you get this right so that you know what you need to disclose to employers, insurers, universities and others.

This new information is a short summary of some of the key areas of life which may be affected by a criminal record.

Download: 10 things to know about criminal records [PDF]

We hope you find it helpful. Let us know what you think by using our feedback form.

The importance of being honest if you’re asked to disclose your criminal record

Cautions and convictions stay on the Police National Computer for 100 years (they are never deleted), but they don’t always have to be disclosed. Many people don’t realise what might be on their criminal record but it’s important that you find this out before you start applying for jobs.

Legally, you only have to disclose your criminal record when asked, but many employers will ask at some point during the recruitment process. If your conviction is spent, you won’t need to disclose it for jobs covered by the Rehabilitation of Offenders Act (ROA). Likewise, if your caution/conviction is eligible for filtering (see here for more information on the filtering process) then there is no need for you to disclose it even if the job involves a standard or enhanced check.

So, what happens if you’re asked about a caution/conviction and you don’t disclose it? If it comes to light, maybe because an employer does a criminal records check, then:

  • The job offer may be revoked
  • If you’ve already started working, you may be dismissed or
  • You could be prosecuted and receive another conviction

Our helpline receives many calls from people who find themselves in this type of situation. Recently, we were contacted by someone who had been offered a job in a care home. They weren’t aware that they needed to disclose a caution which they’d received 3 years previously and were surprised when it appeared on their enhanced DBS. Despite trying to explain the circumstances of the caution to the Home Manager when they handed over the certificate, the job offer was withdrawn. The employer took the view that this should have been disclosed prior to any checks being carried out and felt that they’d been misled. Our client told us:-

I was totally oblivious to the fact that my caution would be on there. I totally forgot about it. I’m gutted. I really needed and wanted this job. What can I do?

Although the caution may not have been relevant to the job, the shock of seeing it on the certificate appears to have caused a knee jerk reaction from the employer. Who knows what the outcome would have been had the applicant disclosed it at interview or immediately upon being offered the job.

If you legally need to disclose your criminal record, it’s important that you are completely upfront and honest about it. An employer may ask you a range of questions about your record to help them make a decision about what, if any, risk you may pose.

Some tips to consider when disclosing your criminal record are:-

  • Know your criminal record really well so that you can talk about it confidently. If you don’t know what’s likely to show up then apply to the police for a Subject Access Request
  • Think in advance about the likely questions an employer may ask. Prepare your answers so that you can talk about your criminal record in the most positive way possible. Make notes which you can use if you think this may help you
  • Answer the employers questions directly and honestly. Try not to concentrate solely on all the negative circumstances surrounding your criminal record
  • Think about your body language – try not to come across as being too defensive
  • Practice with somebody you trust before you disclose to the employer

If an employer has a good understanding of the circumstances surrounding an offence, then they will be better placed to make an informed decision and may be willing to give you a ‘second chance’. However, as you can see from the above example, if an employer feels that you have tried to hide something from them, they may be loath to listen to any explanation that you offer at that time.

For more information

  1. Practical self-help information – More information on disclosing your criminal record to employers can be found here.
  2. Discuss the issue – Read and share your experiences on our online forum.

 

 

Monthly update – February 2016

Welcome to our monthly update for February 2016.

This update 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. 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 Information Hub. There are links within each update to where you can find more information about the update on our Hub. 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 members of the forum.

About criminal records

Work and volunteering

  • DBS Barring – Representations, reviews, appeals – We’ve updated our information around DBS Barring and making representations to reflect the introduction by the DBS of a new process of making oral representations if you’re being considered for inclusion on a barring list. Our latest advice post highlights the importance of making representations if you find yourself in this position.
  • Disclosing to employers – Read our latest advice post setting out the consequences of failing to disclose your criminal record if you’re asked.

Other areas of life

  • Improving your mental health – Our information on improving your mental health has been updated to consider who is likely to suffer from mental health problems and whether people with a criminal record have an increased risk of mental health difficulties.

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.

Views and Reviews – Why do employers use criminal records? And why don’t they make their policy clearer? – ‘I’ve just seen Unlocks project aimed at employers. This looks at making the system fairer for people with convictions who are going through the recruitment process. I think this is a great idea. When I was looking for work, it was so frustrating applying for jobs, having to tick the ‘yes’ box and then getting no reply………’

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.

Breakthrough or cosmetic? Prime Minister supports ‘banning the box’

At the beginning of the month, David Cameron revealed a raft of prison reform measures, one of which was the scrapping of the declaration of criminal convictions in the initial application stage for civil service jobs. Although banning the box is an important practical change to the recruitment process, Unlock believes that it needs to be incorporated alongside a package of changes. Read Christopher Stacey’s further thoughts about this here.

Progress is made on the Charities Bill

On the 26th January, the Charities Bill was discussed again in Parliament. Sir Edward Garnier MP, a patron of Unlock and a trustee of the Prison Reform Trust raised a number of concerns which we’ve been highlighting and also discussed an amendment that he’d put forward. Read some of the key extracts from the discussion here.

DBS introduce oral representations for barring decisions

The Disclosure and Barring Service has issued new guidance on making oral representations if they’re considering barring someone from working with children or adults.

Up until now, all representations had to be made in writing to the DBS. However, they’ve stated in their latest guidance that “in the interests of fairness and equality and to protect a person’s rights under the European Convention on Human Rights, arrangements can be made to hear oral representations”.

Although making representations does not guarantee that you will not be included in a barred list, supplying information will enable the DBS to consider your case in the fairest and most balanced way.

There’s no legal requirement for you to make representation but, its really important that you are aware of the implications if you don’t.

In our experience, those that make strong representations stand the best chance of not being barred.

Being included on a barred list is for life (subject to review) and may have a significant impact on your ability to gain employment. As the DBS base their barring decisions using the ‘balance of probabilities’ on the information they hold, you have little to lose by making representations.

The DBS state that there are no advantages or disadvantages to making oral representations but in our opinion, there could be some gains:-

  • It’s a much easier way to make representations
  • It gives you the opportunity to immediately clarify any points the DBS raise, and
  • Speech can be a much more powerful way of communicating emotions.

More information can be found in our information: DBS Barring – Representations, reviews and appeals.

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