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For people with criminal records
For people with criminal records

Type: Advice Update

Monthly update – January 2016

Welcome to our monthly update for January 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

  • Convictions for sexual offences – We’ve updated our information on sexual offences to reflect the changes to the provisions which deal with behaviour orders for example the replacement of Sexual Offence Prevention Orders with Sexual Harm Prevention Orders.
  • European criminal record checks – We’ve produced an advice post about a pilot being run by the Disclosure and Barring Service to test access to criminal record information from the European Union and also proposals to upgrade the European Criminal Records Information System (ECRIS) to facilitate the exchange of criminal records of non-EU citizens. To find out more about the pilot see here. 

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 – I disclosed, I was employed, then I was sacked! – ‘I was convicted of assisting another person in claiming housing benefit. I admitted the charge at the first opportunity and took full responsibility for my actions. I received a suspended sentence. Although this has resulted in a life changing turn of events, I have tried to stay positive……’

Successes – Barriers to education – see the person, not the offence – ‘My name is Kim. I am a student studying for an HNC working with communities. Part of my course is to do a 200 hour work placement. I found my own placement and submitted my PVG. I was as honest as I could be and my PVG came back with no restrictions and I wasn’t barred from working with anyone but, my previous convictions where on it……’

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.

Why employers need to change! Three short digital stories from people with convictions

As part of our employment project, we’ve produced some short stories based on the experience of people with convictions finding work. Watch Steve, Ricky and Sean’s stories here.

Some examples of people we’ve helped

We’ve written up some examples of the people we’ve helped. We think these show how people with convictions are able to overcome some of the barriers that have been put in their way due to their criminal record. Click here to read their stories.

Winter 2015/2016 Newsletter

Our quarterly newsletter provides an update of the news at Unlock and is a useful way of keeping up to date with what we’ve been up to.

Parliament Committee agrees to further restrictions on people with convictions becoming trustees and senior managers of charities

The House of Commons Public Bill Committee discussed the Charities (Protection and Social Investment) Bill on 6th January 2016. A number of the concerns we raised with the Committee were brought up and you can read more about it here.

Disproportionate criminal records disclosure scheme declared unlawful by the High Court

On the 22nd January 2016, the High Court declared the Government’s criminal record disclosure scheme incompatible with Article 8 of the Human Rights Act. The Judgement relates to the rule that anyone who has more than one conviction on their criminal record is required to disclose them forever when applying for certain jobs that involve standard or enhanced checks. Unlocks press release can be found here.

European criminal record checks

Introduction

In November 2015, the Disclosure and Barring Service launched a pilot to test access to criminal record information from the European Union (EU). The trial will run until April 2016.

The pilot is the first of its kind for the UK Government and will be jointly run by the Disclosure and Barring Service, the Home Office and the UK Central Authority (UKCA). The pilot will concentrate on enhanced disclosure checks for any individual seeking to work with children and where the nationality on the application form indicates they are a Dutch or Latvian national. The Netherlands and Latvia have expressed their support for this initiative.

Why are the DBS doing this?

Currently, the DBS cannot guarantee that the criminal records, from the country of origin for overseas applicants, are available to prospective employers. Whilst the DBS provides employers with guidance on how to access certificates of good conduct from countries outside the UK, there is no evidence to suggest that this is consistently accessed and used.

The pilot will enable employers access to relevant criminal record information (via the DBS) for any applicant from the Netherlands or Latvia. This will include applicants with dual nationality in one of these countries.

The pilot is expected to affect 3,500 applications over the course of the six month period.

Upgrade to ECRIS

In addition to this, the European Commission has just put forward proposals to upgrade the European Criminal Records Information System (ECRIS) in order to facilitate the exchange of criminal records of non-EU citizens. It believes that this will improve cooperation between national authorities in the fight against terrorism and other forms of serious cross border crime.

For more information relating to convictions obtained overseas see here.

Monthly update – December 2015

Welcome to our monthly update for December 2015.

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

  • Restraining orders – We’ve produced some new information about restraining orders which sets out when they become spent, when they should be disclosed and the ongoing implications of living with one.

Specific occupations and professions

  • Gambling licence (known as a Personal Functional Licence) – After some queries to our helpline about this, we thought it would be useful to have some specific information on our site about this. A person working in a role which involves the receiving or paying of money in connection with gambling will probably need a Personal Functional Licence. Click here to find out what you need to disclose when making an application for a licence and how a criminal record may impact on the successful granting of one.

Work and volunteering

  • Support getting into work – As a small but national charity, we’re unable to provide links to specific local and regional employment support services. However, we have updated our information on support getting into work to highlight the major organisations who provide support to people with convictions who are looking to get back into work, and also the main organisations who should be able to point you to sources of local support. .

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 – Universities please do your homework – ‘I got a conviction about 20 years ago when I was young and foolish. Since then my life has completely changed. I’ve had good jobs, got married and have a family. Generally, I can put this bad period in my life behind me but from time to time I’m reminded that you can never truly escape your past ……..’.

Successes – Dealing with my barriers and borders – ‘I guess it is only fitting that I have a painful reminder of the events that brought me to Australia in a round-about kind of way. As I was sat on the plane I was thinking about how flying long haul is a little bit like sharing a cell with people. Strangers are invading your personal space. I had to tell them if I needed the toilet. I had to squeeze past them, touch them and hear them snore…’

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 supports legal challenge to disproportionate criminal records disclosure scheme

On 8th December the High Court heard a legal challenge to the Government’s criminal record disclosure scheme. Two cases were heard at the Court with Unlock providing a witness statement in respect of one of the cases which was brought by Liberty. This involved a person with two extremely minor offences from 1999 who was seeking voluntary positions in schools with a view to achieving her aim of working as a teaching assistant . Find out more about the legal challenge here.

Unlock speaks to Radio 5 Live on the issue of criminal record checks

On the day Unlock was at the High Court supporting the above legal challenge, Christopher Stacey, Unlock’s Co-Director talked on Radio 5 Live about the impact of criminal record checks. Click here to listen to the programme.

Extension of disqualifications in Charities Bill are unnecessary

Plans to see tougher disqualification rules introduced to the Charities Bill could see 50,000 people automatically banned from being Trustees and we have commented on an article written by Andy Ricketts in Third Sector.

We are pushing for amendments to the Bill and have submitted our own evidence. We are now asking anybody with convictions to do the same. To find out what we’d like you to do, please see here.

Expectations for Police Custody

We’ve responded to the October 2015 consultation on Expectations for Police Custody published by HM Inspectorate of Prisons and HM Inspectorate of Constabulary. Read our full response here.

Monthly update – November 2015

 

Welcome to our monthly update for November 2015.

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


Update to Information Hub

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

  • DVLA records – We’ve produced some new information about DVLA records of driving licences and how information is shared with employers, insurance companies and car hire companies since the scrapping of paper records.
  • Is this a scam – Employment offers and criminal record checks – As a result of an enquiry through our Helpline, we’ve highlighted an organisation, Online UK Disclosure who appear to be offering employment checks as part of a bigger employment scam. Find more information here.


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 – Convictions accounted for – ‘In 2006 I received a custodial sentence for possession with intent to supply. Prison gave me lots of time to reflect on my past and consider my future and I realised that when I was eventually released, I didn’t want to carry on like before – I wanted to change ………’

Successes – Sam’s top tips for job hunting – ‘Like lots of people with convictions, I’ve struggled to get work. You know how it is, if the employer asks about unspent convictions, you have to tell them but if they don’t ask then you can keep quiet. If like me, you’re still on Licence then your Probation Officer might tell you to disclose even when you’re not asked……….’

News – A criminal record and a fair shot at a job – ‘This was originally published by the New York Times on the 13th November and we thought it would be of interest to people with convictions ….’

 

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.

Information Commissioners Office Policy Conference – The ‘Google effect’

Christopher Stacey, Unlock’s Co-Director was invited to speak at the conference on “Privacy versus the right to know; balancing privacy and access to personal information in the internet era” and to take part in a panel discussion, “Technology, information and its consequences”. The ICO will be publishing a report on the conference in the coming months but in the meantime, read the opening comments here.

Scottish filtering consultation

We considered it important to respond to this consultation and to make comments based on the approach that the UK Government had taken in England and Wales in 2013, as well as raising some practical considerations when reflecting on the legislation in the UK. You can download our response to the consultation from here.

Spent convictions still showing on DVLA records

We are aware that the DVLA’s records of driving offences include spent convictions, but these are not shared with third parties. We’ve had reports that employers, car hire companies and insurers are asking people to print off their own driver records. This can be a problem if there are spent convictions on your driver record and we are requesting that individuals who have experienced this, send us their evidence.

Responding to a review of education in prison

A review of education in adult prisons was announced by Michael Gove in September. As a result of Unlock’s Helpline and the training we provide to practitioners working within prisons, we believed that we had some valuable comments to make to this consultation process. In particular, ensuring that people leaving prison are properly prepared for life with a criminal record through improved education in prison. Have a look at our response to the review.

Marking 15 years of Unlock

We marked our 15th anniversary as a charity with a reception hosted by our President, Lord Ramsbotham at the House of Lords. The event was attended by supporters and beneficiaries as well as staff, trustees, patrons, Peers and volunteers. Read more here.

Calling on all forum supporters

Over the summer work has been continuing on re-designing the Unlock forum. We hope to have a pilot version by the end of the year and we are keen to hear from anybody who would be interested in helping us test it. Find out how here.

 

 

Is this a scam? Employment offers and criminal record checks

We have been altered to an organisation, Online UK Disclosure, which claim to offer Single Offence Checks at a cost of £99.99.

Online UK Disclosures claim to be an umbrella body for the Disclosure and Barring Service and Disclosure Scotland. The DBS has confirmed to Unlock that Online UK Disclosure is not registered an umbrella body and that the DBS do not offer Single Offence Checks.

Online UK Disclosures state that;-

‘A Single Offence Check only searches back five years and only for one particular offence. It has been created so that people with a criminal record but for minor and unrelated offences do not get hindered when applying for jobs’.

Why should you be concerned about Single Offence Checks?

In the example that we saw, a Single Offence Check was being requested to be done through Online UK Disclosure as part of an employment offer which turned out not to exist. It seems that this is linked to an employment scam which has been highlighted recently on the BBC’s Fake Britain and moneysavingexpert forum. The scam has also been reported to Safer Jobs and Action Fraud.

More and more fictitious jobs are appearing on job sites and job boards and more and more unsuspecting job seekers are parting with their hard earned money or becoming victims of identity theft.

Job scammers will pose as an employer or recruiter offering attractive employment opportunities which require job seekers to pay money in advance. This is usually under the guise of criminal record checks or credit checks. Once the money has been paid, the scammers disappear and the job seeker is let with no job and out of pocket.

How can I protect myself from employment scams?

  1. Never part with any money without being sure that the criminal record checks are being done through Disclosure Scotland (basic checks), the Disclosure and Barring Service (standard and enhanced) or a registered body. You can check with the DBS whether an organisation is a genuine registered body here.  For registered bodies carrying out checks through Disclosure Scotland, check here.
  2. Do some research on the company – Google them or visit the company’s website. If they don’t have one, or it doesn’t have any contact details then tread carefully.
  3. A job should only be offered once a face-to-face or thorough telephone interview has taken place. If a job is offered without this, it is likely to be a scam.
  4. Report any concerns to Safer Jobs or Action Fraud

We’ve reported the case we came across to both the DBS and Action Fraud.

DVLA records of motoring offences

On the 8th June 2015, the DVLA scrapped the paper counterparts for driving licences and issued photo card licences only.

Any new penalty points (endorsements) issued from that date will be recorded electronically only. This information will be held on your DVLA driver record and can be viewed online via the DVLA Shared Driving Licence Service.

We’ve put together some new information on how you can access your driving record and how third parties such as employers, car hire companies and insurance companies and brokers will be able to access them.

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

Monthly update – October 2015

Welcome to our monthly update for October 2015.

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

Information updates

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

About criminal records

  • Basic Disclosures – We’ve provided an example of what a basic disclosure certificate looks like where an individual has convictions on record which are spent under the Rehabilitation of Offenders Act.
  • Police records – If you’re unsure of the details of your criminal record, we often advise individuals to apply for a Subject Access Request via ACRO. We’ve added an image of the SAR application form and the results, which demonstrates the amount of information shown and the importance of the changes in the law in March 2015 making enforced subject access a criminal offence.

Travel

  • Information contained on UK passports – There’s a lot of confusion about what’s disclosed when biometric passports are scanned. This new information aims to clarify how details of a criminal record might be revealed. For further information see here.
  • Applying for leave to remain – This new information is designed to help individuals applying for leave to remain understand how their criminal record might affect them and provides links to Government guidelines setting out how applications disclosing criminal convictions may be treated.

Insurance

  • List of insurance brokers – We’ve added a further company to our List of Insurance Brokers who are able to assist people with unspent convictions access insurance products. The latest downloadable list can be found here.

Self Employment

  • We’ve updated our information on the New Enterprise Allowance, a scheme which offers business advice, funding support and business mentoring to anybody who is out of work and claiming certain qualifying benefits. Find out more about the scheme here.

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 – Building our dreams – ‘I’ve not had a great past in terms of childhood experiences, having been brought up in a family with strict values. I always felt that my choices in life were limited. Then in my late teens, something happened which would further blight my life. I landed myself a criminal conviction ….’

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 guidance for insurers on (not) using enforced subject access to get details of criminal records

The Association of British Insurers have produced guidance for insurers which clarifies the position for insurers after section 56 of the Data Protection Act 1998 came info force earlier this year. This guidance should help insurers make sure that they operate fairer practices when dealing with individuals that have criminal records. Find out more here.

New employer guide to creating a fair recruitment process, marking two years of Ban the Box

Its been two years since the launch of the Ban the Box campaign and Business in the Community (BITC), who lead the campaign, have marked the anniversary by launching a free step-by-step guide to creating a fair recruitment process in dealing with criminal records. The anniversary gives fresh impetus to the campaign which we’re promoting as part of our project to challenge employment discrimination. Read more about the guide and Unlocks’ project here

Autumn 2015 Newsletter

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

Examples of people we’ve helped

We’ve published some examples of how we’ve helped people over the last three months. We think these examples show how people with convictions are able to overcome some of the barriers that have been put in their way due to their criminal record.

 

 

Monthly update – September 2015

Welcome to our monthly update for September 2015.

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

Information updates

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

Filtering process brought in for Scotland

The Scottish Government announced details of a process of ‘filtering’ starting on 10th September 2015 that will apply to Standard and Enhanced criminal record checks issued by Disclosure Scotland. Although this doesn’t directly impact on people in England & Wales, we’ve posted an update with links to more information.

Insurance

Disclosing unspent convictions to existing insurers – If you have an unspent conviction, it’s important to consider what you need to do if you have an existing insurance policy. We’ve produced some new information which may be useful if you’ve just received a conviction or you failed to disclose your unspent conviction when you were asked when you took out the original policy.

How can insurers find out about my criminal record? – Our Helpline often receives queries from individuals concerned about how insurance companies can find out about criminal convictions. We have provided some further clarification which can be found here.

Travel to Asia

We have updated our information on travel to India and Japan.

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 – 59 convictions and only just going to prison!!! – I have a long criminal record (59 convictions under the Street Offences Act) and have experienced many barriers into employment. I was refused OFSTED registration due to my spent convictions when I wanted to become a child care practitioner and had to appeal OFSTED’s decision in a Care Standards Tribunal. I won the decision of the panel with no legal support whilst my opponents had a Treasury barrister at their disposal.

Successes – Volunteering – Helping me to live life at last – I wanted to write about my recent experience of volunteering. Although it was at Unlock, I think my experience is equally valuable to anybody who is looking for work and feeling despondent about the future. Volunteering was the start to a brighter phase of my new life.

Have you got a story or experience that could be posted on theRecord. Get in touch.

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.

Job Vacancy @ Unlock – Information and Case Officer

We’re currently looking for an outstanding individual who has a criminal record and is passionate about providing information, advice and support to people with convictions who are trying to overcome the effects of their criminal record. Closing date is the 12th October. For more information about the vacancy, see here.

Unlock joins the Reducing Reoffending Third Sector Advisory Group

We’re pleased to announce that Christopher Stacey has been invited to join the group known as RR3 which is effectively a partnership between the voluntary sector and the Ministry of Justice. Find out more about the group here.

Google Effect

In an interesting development to the issue of the ‘google-effect’ and spent convictions, the Guardian has reported that Google has been ordered by the Information Commissioner’s Office to remove nine links to current news stories about older reports which themselves were removed from search results under the ‘right to be forgotten’ ruling.

Filtering process brought in for Scotland

Last week, the Scottish Government announced details of a process that will apply to Standard and Enhanced checks that are issued by Disclosure Scotland. The process started on the 10th September 2015.

This process will remove certain convictions and cautions from these types of disclosures.It’s similar to the filtering process that the Disclosure & Barring Service operates, but instead it will apply to checks issued by Disclosure Scotland.

An example that Disclosure Scotland provides on it’s website is below:

If a person is convicted of theft and is sentenced to 6 months in custody  – once the conviction is spent under the terms of the Rehabilitation of Offenders Act 1974, this will be disclosed for a further 15 years after which it will become a protected conviction and is then no longer disclosed.

Disclosure Scotland have issued guidance on their website about how the process works. For advice, contact Disclosure Scotland.

How is this relevant to us?

We regularly get contacted by people who live in Scotland. Our information & advice on this site covers England & Wales only, so this post is for information only, as well as providing a link to the guidance on the Disclosure Scotland website.

The process that the Scottish Government has introduced differs to the DBS process.

  • In some ways, it’s better – for example, it appears to cover more than one conviction.
  • In other ways, it seems worse – for example, it takes much longer for a conviction as a adult to become filtered – 15 years.

As part our policy work, we’ll be looking at how the Scottish process works as part of our work in pushing for the DBS filtering system in England & Wales to go further.

Monthly update – August 2015

Welcome to our monthly update for August 2015.

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 individuals with a criminal record

Information updates

Below is a summary of the updates we’ve recently made to our information site.  There are links next to each update where you can find out more information, as well as links to discussions on our online forum where you can discuss these with other members of the forum.

Rehabilitation of Offenders Act

Spent and unspent convictions and when you might have to disclose them – There are many ways in which convictions can come up in day-to-day life and we’ve put together some information on how the impact of a conviction may change depending on whether your conviction is spent or unspent.  Let us know about your experiences by posting something on the Unlock forum.

Probation

Supervision in the community (after release from prison and on probation or community order) – The Offender Rehabilitation Act came into force in February 2015. We’ve therefore produced some new information explaining the changes that took place and what impact they will have on people with convictions serving their sentence in the community.

Travel

Travel to Asia – Feedback from one of our forum members has led to some updated information on travel to Asia and in particular, looking at the questions on visa applications and landing cards which relate to criminal convictions. Take a look at the entire post on the Unlock forum.

theRecord posts

Below are links to recent posts to our online magazine, theRecord.  These often go hand-in-hand with the practical information we have on the Hub.

News – Proof that there’s a rehabilitation period for restraining orders with no duration or time specified! – We came across the following email from a client, which typifies the type of questions we often get asked.  This one relates to relevant orders which have ‘no specified end date’ and sets out the response received from Disclosure Scotland.

Successes – Success with dealing with the ‘Google effect’ – I would like to share with readers of theRecord how new rules allowing Google links to be removed (‘The right to be forgotten’) has turned my life around. I really do believe that it can be of use to people with convictions.

Have you got a story or experience that could be posted on theRecord.  Get in touch.

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 the Unlock website.

Changes to our monthly updates

This month we’ve made a few changes to how we do these updates. Previously, we’ve focused on details about the updates that we’ve made to our information site and although this will remain the focus of these updates, we’ve broadened it out slightly to try and respond to feedback we’ve received.  These monthly posts will now not only include practical links to information updates we’ve made, but also to new posts to theRecord, as well as other news and developments that might be of interest to people with a criminal record.

Principles of Fair Chance Hiring – Draft for Consultation

As part of our Challenging Employment Discrimination project, we’re promoting ‘Fair Chance Hiring’ policies in our approach to supporting employers.  We’ve developed a set of high-level principles for putting ‘Fair Chance Hiring’ into practice.  Download the draft and let us have your feedback.

Help us challenge discrimination through digital storytelling – Volunteering opportunity

Part of our policy and campaign work involves making the case for why people with convictions should be treated fairly.  An effective way of doing this is using real stories.  We are looking for volunteers to help us create some ‘digital stories’.  Find our more here.

Call for experience – Does a criminal record have an impact on social housing

We want to hear from anybody who believes that their criminal record has impacted on their housing situation with local authorities and social housing providers. To find out more about our policy work in this area see here.

Unlock’s response to the Scottish Government Consultation

We’ve submitted our written response to the Scottish Governments’ consultation on proposals to reform the Rehabilitation of Offenders Act 1974.  We broadly support the proposals, but urge the Scottish Government to go further, in the same way that we continue to urge the UK Government to build on the reforms that came into force in 2014.

 

 

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