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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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i am applying for a new job, would i have to declare a magistrates

Resolved Question:

i am applying for a new job, would i have to declare a magistrates court conviction 26 years ago as criminal conviction (going equipped to steal), the post would require me to be submitted to an enhanced criminal records disclosure and POVA check
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

What does the application specifically ask you to declare?

Customer:

because of the nature of the work, MHA is covered by the Exemptions order to the rehabilitation of offenders act 1974, therefore spent convictions must be declared.

Ben Jones :

Then yes you will have to declare this, even if it goes back 26 years and it would normally be considered spent. As this is an exempt post, the ROA provisions do not apply and you cannot treat it as spent so it must be declared

Customer:

ok, thats fair enough . thanks

Ben Jones :

You are welcome, all the best

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