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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48172
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I was convicted of an assault charge over 10 years ago and

Resolved Question:

I was convicted of an assault charge over 10 years ago and paid a fine and was sentenced to 100 hrs community service. do I have to declare a criminal record when I apply for a job?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Does the application ask you a specific question about declarations?

Customer: replied 1 year ago.
no it is a tick box that asks do you have a criminal record.
Expert:  Ben Jones replied 1 year ago.

Under the Rehabilitation of Offenders Act 1974 (“ROA”), subject to certain exceptions, those convicted of a criminal offence who have not re-offended during a specified period from the date of conviction will be deemed 'rehabilitated' and their convictions would be classified as 'spent'. Spent convictions do not have to be declared if an employer is asking if you have a criminal record, unless the employment is for an exempt position (you should be told in the application form if the position is exempt).

A fine and a community service order both become sent after a year so a year after conviction you would have become rehabilitated and you would not have a criminal record. So you can now safely tick No if you are asked whether you have a criminal record.

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