can my last employer tell my new employer about a criminal conviction?

Question

i have been convicted of abh after a neighbour dispute.
I have recently moved and need a ref for a new job.

Answer 1

well, on your job application with your new employer, there is a section that asks if you were ever convicted of a crime in the past.

YOU have to answer honestly

A past employer can reveal that to your new employer if you weren't honest in the first place. And your conviction is public record.

Answer 2

No they can't divulge that information when giving a simple reference (but in other circumstances they can). That is a FACT. If they did and you can prove it (which is the hard part) then you could theoretically take legal action. The law says that you can only divulge certain information as an employer and you have the obligation to protect employees personal information (which includes criminal convictions). Your new employer should NOT be asking that question to them anyway, they should have asked you. They may do a CRO check on you though. You should be upfront with your new employer and tell them before you get the job. They in turn are not supposed to be biased or discriminate against you because of the conviction, however they can use the information to assess your suitability for the position. Can I assume that you're worried because you have lied about it? Bad idea, for 3 reasons
1) They may do a CRO check on you anyway (you need to consent, but if you don't then they'll assume you've got something to hide).
2) When it comes out, and it will, you will more than likely be dismissed immediately leaving you with a bigger problem because now, not only have you lied to your employer, but, you then have to explain to your NEXT employer why you were sacked for dishonesty.
3) From most employers point of view, the fact you are honest about it means more than the fact you have the conviction. You will probably find that aren't really that bothered about things like ABH. They want to know if you're a drug dealer or a murderer or something worse, and if you've done any time inside.
Good luck, but honesty is the best policy.

Answer 3

This depends on the company's policy. Some employers regularly pull the driving records of their employees and cannot keep someone with a DUI as an employee for insurance reasons. This is usually for jobs when driving is an aspect, which it seems is not the case with your sister. Currently, her DUI charge is just pending, and an arrest is not a conviction. If she does plead guilty or get convicted of a DUI, she should tell her company if it is policy to report all driving offenses and crimes. If not required, then a DUI is usually a misdemeanor, and I don't see why she would have to publicize it.

Answer 4

If on the application form it has a section about criminal convictions, and most do. Then by not telling your employer to be you are infact breaking the law again....and could end up with a second conviction....

But then why would your employer know about your conviction as you were under no obligation to tell him or her that you had aquired a conviction whilst you were working for them...unless he or she was the neigbour that you twatted...or you had to have time off work to go to court..if that is the case you should have rang on sick or developed a flu bug for a few day's whilst you attended court....

Answer 5

I know about running applications, from my position. I would say that it is going to depend on the job you are applying for, and the qualifications that they state. It would seem that *most* straight jobs would run what is called a "background" check on you anyway, in which any criminal records will show up. Criminal records stay on your record for 100 years, I believe - at least that is how ours show up with our screening company. To me, the circumstances of the crime are important, as well as when it was done, why, and what has happened since then. Just because one has a "criminal background" shouldn't mess up their name for good; I think it is a concern to look into, that's all. And a good employer is going to want an honest insight into who you are and why. Ask yourself why you want the job, and if you were in your future employer's position, would you hire you?

Answer 6

I think it would be well out of order for an old employer to tell a new employer that .... BUT if you don't declare your conviction, you may be guilty of obtaining employment by pecuniary advantage which I believe is a criminal offence. You will be much better being absolutely truthful and building the trust and respect that you now need. Of course that won't be an easy ride but you will be commitiing an offence if you don't. I assume of course that this offence was within recent years .....

Answer 7

I would imagine that yes a previous employer can tell your new one about your conviction. But would they? And do they know about it? (if they do then it was a mistake for you to let them find out).

My strategy would be to not tell the new employer about the conviction because it will make it much harder to get the job. If the previous employer does tell them then you won't get the job because you have lied to them. But the chances are they won't say, and will never say, and you'll sail ahead with no problems into the future.

Answer 8

Yes, a former empoyer can tell a new employer about your criminal history. If your new employer asks if you've ever been convicted of a crime and you lie, then they can fire you. If you are using someone as a reference, then they can tell the employer anything.

Answer 9

Im not sure in what state that you live in but i am almost positive that an old employeer CAN NOT tell anything about your past! They can only tell if you was a good worker or not and if they would be willing to rehire you if you was to re-apply. I know that much is true for WV,OH,KY and FL.

Answer 10

Strictly speaking no. How ever, if a future employer writes to your ex-employer for a reference for you, and if he asks specific questions (i.e. are you aware of any criminal record?) Then your ex-employer is bound by law to answer truthfully.