ChatterBank3 mins ago
Disclosure of criminal record
My employer for nearly 2 years, a major retailer, has just discovered that I have a criminal record. I spent 6 months in prison for theft from employer. The offence occurred 3 years ago & I was convicted 2 & a half years ago. I am employed as a CCTV operator. I failed to disclose this information & face a disciplinary hearing on Monday 6th August. I expect to be dismissed.
What are the chances of the company asking the police to pursue a charge of obtaining pecuniary advantage by deception?
What are the chances of the company asking the police to pursue a charge of obtaining pecuniary advantage by deception?
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rayb,
If your employer dismisses you that will be the result they want, if the police are called it is usual to retreive a loss.
From what you have said the company have no loss and the fact you lied to them about your previous conviction will not been well received. However the time and effect in giving statements and attending court may well put them off and your dismisal will satisfy them.
As ethel says no one knows what will happen as each case is individual.
BEST OF LUCK
If your employer dismisses you that will be the result they want, if the police are called it is usual to retreive a loss.
From what you have said the company have no loss and the fact you lied to them about your previous conviction will not been well received. However the time and effect in giving statements and attending court may well put them off and your dismisal will satisfy them.
As ethel says no one knows what will happen as each case is individual.
BEST OF LUCK
Thank you Ethel & Law Man 1856. Just to let you know at my hearing today I was dismissed for gross misconduct. I managed to put the circumstances concerning the offence but in the end the result was as expected. Does anyone know of any employers who are willing to give those with criminal records a chance?
A number of employers take on people with criminal records of varying degrees. Unfortunately the offence for which you were convicted is not one which many (particularly retailers and the like) would choose to ignore.
The most important thing, as I'm sure you now realsie, is to be honest about your record. As you have found out to your cost, the truth very often comes out, and when it does the results are sometimes far worse than if you�d come clean in the first place.
The worst that could have happened if you�d disclosed your record was that you would not have got the job. True, you�ve had the benefit of two years� salary, but now you�ve lost the job, face possible prosecution for another offence, and certainly cannot use this employer for a reference in any future job applications.
Contrary to what Law Man says, your ex-employer has suffered a loss. He now has to go to the expense of hiring somebody to take your place (and will incur costs of advertising, interviews, etc.) and he may also have to hire temporary staff meantime. You can only hope that they will not be so vindictive as to encourage the police to pursue matter of deception
If you spent six months in prison I assume that you were sentenced to longer than that. The Rehabilitation of Offenders Act allows for convictions to be �spent� (i.e. non-disclosable) after various periods depending on the sentence imposed (not the time served). For prison sentences of more than six months and up to 30 months, this period is ten years. So, alas, you have a while to go before you no longer need to disclose your record.
The most important thing, as I'm sure you now realsie, is to be honest about your record. As you have found out to your cost, the truth very often comes out, and when it does the results are sometimes far worse than if you�d come clean in the first place.
The worst that could have happened if you�d disclosed your record was that you would not have got the job. True, you�ve had the benefit of two years� salary, but now you�ve lost the job, face possible prosecution for another offence, and certainly cannot use this employer for a reference in any future job applications.
Contrary to what Law Man says, your ex-employer has suffered a loss. He now has to go to the expense of hiring somebody to take your place (and will incur costs of advertising, interviews, etc.) and he may also have to hire temporary staff meantime. You can only hope that they will not be so vindictive as to encourage the police to pursue matter of deception
If you spent six months in prison I assume that you were sentenced to longer than that. The Rehabilitation of Offenders Act allows for convictions to be �spent� (i.e. non-disclosable) after various periods depending on the sentence imposed (not the time served). For prison sentences of more than six months and up to 30 months, this period is ten years. So, alas, you have a while to go before you no longer need to disclose your record.
i have recently been told im being investigated for possible theft ad was wondering how much you took initially to get a 6 month prison sentence? the amount in question is �51.20 although the allegations state there is paper work to suggest more although no hard evidence has been collected - i am extremely worried about this and have not slept - any info would be welcome
I actually received a 9 months sentence for the theft & 12 months consecutive for another offence, & ended up serving 6 months. The amount involved for the theft was considerably more than the allegation made against you and was from my employer, which is considered more serious as it is a breach of trust. In the current climate of prison overcrowding and sentencing guidelines to impose custodial sentences only where necessary, I would be very surprised if you received a custodial sentence for such a small amount. However, it depends on previous convictions & any other circumstances affecting the seriousness of the offence. A decent solicitor should keep you out of prison.
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