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Disclosure Of Driving Offence.

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catsrcool | 10:54 Wed 20th Apr 2016 | Law
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I am helping my wife apply for various jobs.
She was convicted of drinking and driving in November 1997.
When asked on an application whether you have a criminal record is the answer yes for the above offence?
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Have a look at www.drivingban.co.uk (sorry can't do links) it says there that a driving ban lasts 10yrs and can be remove after 11yrs.
There may be a better answer from one of our 'legal eagles'
Why tell them? She isn't under oath, it's known by our political leaders as being economical with the truth
However, Khandro, when she gets the job she might be subject to a CRB check which would expose her as a liar.
Khandro, there's a difference between not telling the whole truth ("economical") and lying (telling an untruth).
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To clarify one of the jobs being applied for is in elderly care so a CRB/DBS is essential to getting the job.
Then she says " Oh that, I'd forgotten about that - so long ago!"
Maybe ring up the HR department of the potential employer and enquire?
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Is it a requirement on applications for jobs that do not require a CRB/DBS?
A drink driving ban will stay on or recorded against you licence for 11years.
It will affect your insurance policy and is a requirement that it is declared to insurance companies for 5 years. You wife should have no need to include it in her application. If she still has her paper licence I would renew it forthwith the new plastic card licence. (that is if her old paper licence shows the ban)
togo

Why would you need to renew licence ' forthwith ' ; if the conviction is
spent ?
My daughter did not put her drink driving conviction down when applying for a job, but it came to light when the DBS check was done, it didn't stop her getting the job, and employers do receive a copy of the check so it might be worth putting it on the application.
Bazile, what Togo means is that if the licence holder still held an old style paper only licence, the offence would be shown on it - even if spent.

Changing to a photocard licence would take away that visibilty.
The problem with these disclosure issues is usually one of 'trust'.

The firm/organisation can claim , if a conviction that has not been disclosed comes to light, that there has been a breakdown of trust between them and the individual.
They can then dismiss them.


As the post in question is in a 'caring' role, it will require a full CRB check, so if it was me, I'd disclose it.
So would I. I remember talking to a 'vetting' officer involved in security clearance who told that they cared far more about what people tried to hide than what they'd actually done in the past. It may be spent but will come up in check.
But the conviction was 19 years ago! So no need to mention it at all. It's the question which is wrong, it should be, "..... within the last x years?"
Its always best to mention it - if they find out later about it you will probably be looking at losing the job.
//if they find out later about it you will probably be looking at losing the job.//

Not if you had proved yourself to be a good employee, it would be irrelevant.
This is a direct paste from a gov.uk website

Do I need to tell an employer about spent convictions?

You don't need to disclose spent convictions when applying for most jobs. Under the Rehabilitation of Offenders Act 1974 it's unlawful for an employer to discriminate on the grounds of a spent conviction. However, some types of jobs are exempt from this Act – this means you have to disclose spent convictions as well as unspent ones. These jobs include:

working with children and vulnerable adults, such as elderly and disabled people
senior roles in banking and the financial services industry
certain posts connected to law enforcement, including the judiciary and the police
work involving national security
certain posts in the prison service
certain professions in areas such as health, pharmacy and the law
private security work.
For a care role it is possible it will be exempt from the Rehabilitation of Offenders Act. This would have to be declared when she applies and they should ask you to disclose anything then.
I work in a health care setting and carry out DBS checks. We would not refuse employment due to an old conviction if it was unlikely to affect the role. It is better that she is honest about it from the start though.

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