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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70511
Experience:  Over 5 years in practice
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Is is spent conviction ? Received probation order

Customer Question

Is is spent conviction ? Received probation order for 2yrs back in 1997
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
Had a previous conviction in 1997 my only one gross indecency had sentence of probation order for 2yrs and also on the sex register till 2002 want to low of spent conviction also can an employer background check freely
Expert:  Jo C. replied 2 years ago.
No, your employer needs your permission to do a check upon you but he can always refuse you the job or take disciplinary action against you if you refuse.
If this is a gross indecency then it will always show on enhanced checking I'm afraid. That type of conviction does not step down for safety reasons.
It will be spent after five years and drop off basic though.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Thanks so if I apply for a job where says is conviction spent under rehabilitation
Of offenders act 1974 ? Can I reply no as was labeled a sex offender
Expert:  Jo C. replied 2 years ago.
Well, there is an argument you can do that.
It depends what the question says exactly. If it says that you should disclose all unspent convictions then you can just leave it blank as they are not unspent.
If it asks you whether you have any convictions that are not spent then you truthfully reply that you have not.
If you are just asked about convictions then I would never suggest responding untruthfully although I know that is the advice elsewhere online. It appears to me to be an untruthful response that could get you in more trouble. I know that there is a justification on sites elsewhere but it just seems to me to create a misleading impression.
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
So in a nutshell its spent conviction now , as I though schedule one offender told by probation not spent I tried to talk them before all info I gave you is accurate
Customer: replied 2 years ago.
Hi did you seem last question ?
Customer: replied 2 years ago.
So in a nutshell is spent conviction please can you clarify thanks
Expert:  Jo C. replied 2 years ago.
You are a schedule one offender but that doesn't mean the conviction isn't spent for the purposes of basic checking.
Their point is that it will always show on enhanced.
Customer: replied 2 years ago.
So general job under rehabilation of offenders act 1974? I can answer no to job applications , I thank you for your help I have been sleeping poorly also it is an offence for an employer to background check without consent .
You have been so helpful
Also If I want go overseas like china can I answer no on visa application form if says about criminal record or convictions ? Thankyou
Also are you United Kingdom based
Expert:  Jo C. replied 2 years ago.
there is an argument you can do that.
It depends what the question says exactly. If it says that you should disclose all unspent convictions then you can just leave it blank as they are not unspent.
If it asks you whether you have any convictions that are not spent then you truthfully reply that you have not.
If you are just asked about convictions then I would never suggest responding untruthfully although I know that is the advice elsewhere online. It appears to me to be an untruthful response that could get you in more trouble. I know that there is a justification on sites elsewhere but it just seems to me to create a misleading impression.
On immigration forms you will need to disclose this. Visa applications are not subject to spending.
I am UK based.
Customer: replied 2 years ago.
How would you suggest put on visa form will they rehouse my application because off my conviction ?do you have tel number I can call on if I need more advice or is it online only
Reason I asked about employee checks is a few people have made some comments about by past and I was never asked at interview ?
Thanks again
Expert:  Jo C. replied 2 years ago.
China probably won't but some countries would refuse you entry.
Customer: replied 2 years ago.
So if go to china no need say ? You have been so helpful
Expert:  Jo C. replied 2 years ago.
On immigration forms you will need to disclose this. Visa applications are not subject to spending.
Customer: replied 2 years ago.
If go to hind do I leave off or how would you approach in my situation ?please.
Expert:  Jo C. replied 2 years ago.
I'm not sure what you mean?
Customer: replied 2 years ago.
I m sorry I mistyped so if go china I need to answer yes or no ? How would you approach on my situation can I also take legal action against my employer like defamation of character as I'm a office worker conviction classed as spent for rigs role thanks
Customer: replied 2 years ago.
Sorry meant current office role I have been a approved driving instructor before accepted by DSA with supporting evidence
Expert:  Jo C. replied 2 years ago.
If you are a driving instructor then they will do an enhanced check and this will show.
Customer: replied 2 years ago.
Hi I was a part time driving instructor I know they did an enhanced check that was fine
Will my record always show if an enhanced check or will it come off eventually ? A basic check will not show now will it as per your advice earlier
Thanks
Expert:  Jo C. replied 2 years ago.
No it will always show on enhanced I'm afraid.
Customer: replied 2 years ago.
Ok I understand thanks for all your advice
Expert:  Jo C. replied 2 years ago.
No problem. All the best.
Customer: replied 2 years ago.
Hi just to clarify my conviction is spent under rehabilation of offenders act 1974 ? For job covered by this and general thing , only unspent if apply jobs where not covered by act like before driving instructor ?
Please can you confirm thanks
Expert:  Jo C. replied 2 years ago.
Yes, but that only covers basic checking.
You will be enhanced checked.
Customer: replied 2 years ago.
Where you put will be enhanced checked that is only apply for job not covered by act of ROHA 1974 ? Am I correct ?
Expert:  Jo C. replied 2 years ago.
No, it is for any job that brings you into contact with children or those otherwise vulnerable.