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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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Dear UK Law Good Afternoon. Could you please give me some

Customer Question

Dear UK Law
Good Afternoon. Could you please give me some advice? I had no previous convictions until now. I decided to plead guilty to a Section 5 offence (unfortunately) and the judge decided this morning to give me a 'conditional discharge' for a 12 month period.
I have been advised by my solicitor this is a conviction, but I need to ask this question:
I am currently unemployed, but have a decent career history/resume in the finance sector and have been offered a permanent position. I was honest enough to declare this 'pending' charge, but the company decide they will withdraw their permanent offer/contract as a result of this, that would really deflate me. If this happens,
A) Moving forward, when that question pops up on agency recruitment forms or employer forms, 'have you any previous convictions' Is this a Yes, considering it is a 'conditional discharge' and how would I word it if it was please?
B) Do I have to 100% declare it, and what happens if I don't considering it is a minimal/summary offence.
PS I have been advised by my solicitor this is a 'grey' area on my conditional discharge conviction in terms of how I should deal with this in terms of declaring it - illustrated to me in the case by R E G I N A -v- RUPAL PATEL
I am of course VERY concerned I could be out of employment for a whole year, and this would have a detrimental effect on my life and career. Would really appreciate your take on this and advise? Many Thanks, Faz
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

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

This is a formal conviction, regardless if it is a conditional discharge or not, so if you are specifically asked whether you have any previous convictions you would have to declare it. However, this will eventually become spent because most convictions have a 'rehabilitation period' after which they do not need to be declared if you are asked whether you have a criminal record or an unspent conviction. So whether you declare it in the future very much depends on the specific question that is being asked. Assuming the conviction is spent, then you do not have to declare it unless you are asked if you have ever had any convictions or if you have any spent convictions.

If you do not declare this when you should have (i.e. when the wording of the employer's request specifically requires you to declare it, as described above) then you may be guilty of misrepresenting your position and if this is discovered before you start the job they may withdraw the contract, or if it discovered after the job has started - it can prompt the employer to consider terminating your employment, depending on when it was discovered (i.e. the longer you have been there without this being an issue the more difficult it may be for the employer to justify dismissal)

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

JACUSTOMER-s11eb8a5- :

Hello. I am not happy with this standard answer for £33 pounds...

Ben Jones :

If you tell me what you want me to clarify for you in relation then I would be happy to do so, unfortunately I cannot guess what you are not happy with exactly

Expert:  Nicola-mod replied 4 years ago.

Just a quick reminder, there is an information request here from the Expert. This means they need to know more details before they will be able to give you a full answer.

Thank you,