Police record?

Question

My best friend was caught involved with a shoplifting gang and was sent to prison for 6 mths(first and only offence)of wich she served 4mths.
This was 25yrs ago,is she stiil on record,she is desperate for a job
but is affraid (and ashamed) of her past.She lives in uk

she is now 55,she was29 at the time

Answer 1

she will NOT have to disclose this info , due to "The Rehabilitation of offenders act " this came into affect 3 years after the offence ( The Record will now be deleted )

Only offences against the person have to declared.
Tell your friend not to worry ,
Good Luck.

Answer 2

Under the Rehabilitation of Offenders Act 1974, this conviction is now 'spent'. She need not declare it on an application form unless the vacancy advertised is exempt from the Act. This would be the case if she has to be security cleared for military or certain civilian jobs such as police. If she wants to work with children in a school for example, she would be checked through an enhanced criminal records check. This would show up. The record is not wiped. It is kept on the police data base.

Have a look at the application form to see if you have to declare it under this exemption, if not just answer no.

Also if the question is not asked on the application form then you are not required to volunteer the information unless specifically asked at the interview. If the vacancy is not exempt from the Act then your situation arises from Imprisonment of 6 months or less.

The rehabilitation period is 7 years from the date of conviction. so your conviction has been spent for 18 years so simply answer no.

Under s. 4 (3)(b) of the 1974 Act you cannot be dismissed for failure to disclose a spent conviction.


Hope this clarifies the situation

Answer 3

In short she does not have to disclose this anymore because her offence comes under the Spent rule because of the length of time.
Saying that if she applies for a job in say a Bank or Financial Institution they may do a CRB check anyway,its always best to mention it at interview then she will come across as an honest person and probably get the job.

Answer 4

Perhaps your friend should lie on the employment application. The employer will not do a search on every item of information that is requested. If your friend tells the truth, there is a good chance the employer would hold it against her. If possible, however, she should talk to an attorney first. There may be laws that limit the time back that an employer could investigate a prospective employee. It may also be possible to expunge this minor annoyance from her record.

Answer 5

Is the case classed as spent because it depends on what job you go for. If it is spent and you find out by talking to the police station where you were arrested. With the job thing as long as your friend doesn't want a job that needs an enhanced disclosure notice and the case is spent, then she shouldn't have problems getting a job.

Answer 6

In your circumstances a penalty of 6months or less is spent after 7 years therefore you do not need to declare it, although there are some exceptions for people working in and with children, young people, teaching, and similar. A penalty of more than 2 1/2 years is never spent.

Answer 7

There's a five year rule for convictions to be classed as 'spent', a job application form may request this information but, as far as I'm aware you don't have to disclose any 'spent' convictions. If you fail to disclose an 'unspent' conviction (one committed less than 5 years ago) then you're in bother!

Answer 8

Dont give them the information, i had alot of convictions years ago, always said i was squeaky clean, they never check (pending the job) if she applies to a bank, different story! It does NOT pay to be honest in this corrupt world of our's!!

Answer 9

if she fills a job form out and dosnt disclose it and they find out then they can dismiss her. most employers are glad for the honesty and 25 years ago is a long time so im sure most wont hold it against her.

Answer 10

Walking on the moon.... that was a good Police record