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When Do Spent Convictions Have To Be Declared On Job Applications?


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Old 12-02-2011, 21:14
Styker
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I have always wondered this and always get conflicting information.

If people get done on low level convictions which do not result in prison but commumnity service or fines or both and keep their noses clean in a 5 year "rehabilitation period", when do they have to declare these convictions and when don't they?
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Old 12-02-2011, 21:19
Bedsit Bob
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You only need to declare "spent" convictions, if the job is exempt from the rehabilitation of offenders act.

Jobs that are exempt tend to involve children and/or vulnerable adults.
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Old 12-02-2011, 21:25
Styker
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You only need to declare "spent" convictions, if the job is exempt from the rehabilitation of offenders act.

Jobs that are exempt tend to involve children and/or vulnerable adults.

Those employers that ask the question on application forms, do applicants have to answer yes if they have spent convictions or not is what I'm trying to find out.

I recently heard Ken Clarke say in parliament that people who's convictions are spent are not required to disclose, or words to that effect but he didn't elaborate and he spoke about it in a way that made it sound like it was such common knowledge when it doesn't seem to be at all in my experiences.
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Old 12-02-2011, 21:35
Bedsit Bob
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Surely you mean, isn't exempt is when you have to declare?
No.

The rehabilitation of offenders act says you don't have to declare "spent" convictions.

To be required to declare them, the job must be exempt from the act.

Those employers that ask the question on application forms, do applicants have to answer yes if they have spent convictions or not is what I'm trying to find out.
It's not a matter of if they ask.

If the job application is "exempt from the rehabilitation of offenders act" (it'll be stated clearly if it is), then you must declare ALL convictions, whether "spent" or not.

If it doesn't state it, then spent convictions do not need to declared.
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Old 12-02-2011, 21:50
Styker
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No.

The rehabilitation of offenders act says you don't have to declare "spent" convictions.

To be required to declare them, the job must be exempt from the act.



It's not a matter of if they ask.

If the job application is "exempt from the rehabilitation of offenders act" (it'll be stated clearly if it is), then you must declare ALL convictions, whether "spent" or not.

If it doesn't state it, then spent convictions do not need to declared.
Ok, thats another question. If they don't have to declare, should they tick no on the application forms? Or would that be an offence in itself? Or does the rehabilitation of offenders act allow people to tick no to that question if their convictions are spent?

The government really should make info on this much clearer and available etc.
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Old 12-02-2011, 22:03
MickEden
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No.

The rehabilitation of offenders act says you don't have to declare "spent" convictions.

To be required to declare them, the job must be exempt from the act.



It's not a matter of if they ask.

If the job application is "exempt from the rehabilitation of offenders act" (it'll be stated clearly if it is), then you must declare ALL convictions, whether "spent" or not.

If it doesn't state it, then spent convictions do not need to declared.
You haven't really answered the question though - if a job application asks if you have any convictions, (spent or otherwise) and that company isn't exempt from the RoOA do you have to say yes (obviously if you do have spent convictions) or can you say no legally (lying basically) and still be protected from dismissal should it come to light at a later date that you do have a spent conviction?
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Old 12-02-2011, 22:16
Bedsit Bob
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If the job is not exempt from the ROA, then you treat any spent convictions as if they never happened, and you put NO.

BTW. it's the job, not the company, which is exempt.

A company may advertise several jobs at the same time, some of which are exempt, and some of which aren't.
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Old 12-02-2011, 22:23
Styker
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You haven't really answered the question though - if a job application asks if you have any convictions, (spent or otherwise) and that company isn't exempt from the RoOA do you have to say yes (obviously if you do have spent convictions) or can you say no legally (lying basically) and still be protected from dismissal should it come to light at a later date that you do have a spent conviction?
Whats your take on the question? It seems that you think, that people do have to answer yes to the question if they do have spent convictions judging by what you wrote in brackets, but then you went onto ask the question as well.

In my time, I've seen application forms say things like "this company" recognises the rehabilitation of offenders act but then it still asks the question anyway. Some companies on their forms just ask the question, do you have any criminal convictions etc.
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Old 12-02-2011, 22:27
Bedsit Bob
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I've seen application forms say things like "this company" recognises the rehabilitation of offenders act
That's jolly decent of them, to recognise the law.

Some companies on their forms just ask the question, do you have any criminal convictions etc.
To which the answer (asuming the job isn't exempt, and the conviction(s) is/are spent) is NO.
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Old 12-02-2011, 22:31
Styker
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That's jolly decent of them, to recognise the law.



To which the answer (asuming the job isn't exempt, and the conviction(s) is/are spent) is NO.
So companies do not have a choice in recognising that act? I've got to be honest, i thought they did have a choice in that.

Another thing in relation to that is that on the American embassy's website, about getting visa's to travel their if you do have convictions, is that they say they do not recognise that act and do want people to declare their convictions and those people are not entitled to travel on the visa waiver programme etc.
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Old 12-02-2011, 22:36
MickEden
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Whats your take on the question? It seems that you think, that people do have to answer yes to the question if they do have spent convictions judging by what you wrote in brackets, but then you went onto ask the question as well.

In my time, I've seen application forms say things like "this company" recognises the rehabilitation of offenders act but then it still asks the question anyway. Some companies on their forms just ask the question, do you have any criminal convictions etc.
I don't know - I am as interested as the OP in the answer and have often wondered about it. The bit in the brackets (if you are referring to the 'lying' bit) was for clarity and not for judgement purposes.
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Old 12-02-2011, 22:39
Bedsit Bob
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So companies do not have a choice in recognising that act?
Of course they don't have a choice, any more than they have a choice in recognising the HSW Act.

The ROA Act is a law, which companies have a legal obligation to comply with.

As for the American Embassy, since you are technically on American soil, and you aren't applying for a job, I doubt the ROA Act applies.
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Old 12-02-2011, 23:48
Styker
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Found this interesting website on the matter. Makes it a lot clearer, but there are still too many if's and but's for my liking...........

http://www.lawontheweb.co.uk/Road_Tr..._Offenders_Act

Though that link seems to be angeled more to do with road trafic laws but I think it applies in general too. It was one of the first ones that came up in a google search.
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Old 13-02-2011, 00:00
Styker
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The above link does seem to be the general rules, here's another link from the Ministry of Justice. It does have a warning thats its for guidance and to get extra advice or something to be sure etc..........

http://www.justice.gov.uk/guidance/d...-offenders.pdf
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