Will this effect my job approval

[christingale]

I have been accepted for a job however on the day I start I have to take back a form I was given. One of the questions asks if I have any convictions, eleven years ago I was charged with fraud it was for a petty amount of �40 and was really about vengance from a family arguement. Do I declare it or not?

[Law Man1856]

Christingale,

Eleven years ago - Well you must tell the truth but first read the question very carefully. Does it say convictions if it does and you were cautioned by the police if it did'nt go to court you can answer no to the question. You can say no anyway and if the company query it say I assumed it was a spent conviction which I do not need to declare under the rehab. of offenders act. Or you can tell all the truth explain to the employer the reasons behind the offence.

Therefore the decision is yours if this offence was a one off were you cautioned?

No theft is petty - and to be charged with fraud for �40?

Please give so more info.

Regards

Lawman

[NORMANTHEDOG]

if you dont declare it and they do a CRB check then you are faced with the crb showing it up,as it will be spent by now you can use that excuse.

[Buenchico]

Under the Rehabilitation of Offenders Act, nearly all criminal offences become 'spent' after a certain period of time (which is determined by the sentence imposed by the court). There are only three exceptions:
(i) convictions resulting in a sentence of over 2.5 years imprisonment are never spent;
(ii) no convictions are ever spent when the type of employment is exempted from the provisions of the Act. (That basically means jobs working with children, vulnerable adults or in the 'administration of justice); and
(iii) situations covered by the laws of other countries (e.g. applying for a visa to visit the USA, which does not recognize the Rehabilitation of Offenders Act).

(i) & (iii) clearly don't apply in your case. The maximum length of time for any conviction to become spent is 10 years so, unless you're applying for a job which is exempted from the provisions of the Rehabilitation of Offenders Act (which must be clearly stated on the application form), you can legally answer 'No' to any question about convictions.

As Norman states, a CRB check will always show up all convictions (whether spent or not) but employers are only allowed to obtain CRB checks if the employment would bring the employee into contact with children or vulnerable adults. Most other employers are not permitted to carry out CRB checks.

http://www.lawontheweb.co.uk/rehabact.htm

Chris