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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50157
Experience:  Qualified Solicitor
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I am filling in a security questionnaire new job (independent

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I am filling in a security questionnaire for a new job (independent agency) and there is a section asking if I have ever been arrested. I was detained over night for a minor offence (i.e. drunk) when a student in 1978 and also for drink driving in 1983. It also asks if I have appeared in court, which I did on both occasions (Magistrates Court).
I understand that the act in 1974 stipulates that you don't have to state these if after a suitable period of rehabilitation. Am I giving false information if I answer no to both questions as they were minor offences, which took place over 30years ago. If you can help with this it would be appreciated.
What is the specific question on the form?
Customer: replied 2 years ago.
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Customer: replied 2 years ago.
Do you need my number now?
Customer: replied 2 years ago.
The specific questions are:Have you ever been arrested, arraigned or indicted in a criminal or civil action?
Have you ever appeared in court?
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.The Rehabilitation of Offenders Act 1974 does indeed prevent employers from asking employees about spent offences but the way the question is worded does avoid that because it is asking if you have ever appeared in court or been arrested. This is not the same as asking you whether you have any convictions, spent or unspent. Even if they had asked about the convictions there is no law that would allow you to actually challenge hem. The 1974 Act says they shouldn't but didn't say what happens if they do or give you rights and to challenge them. So in these circumstances you would need to answer the questions as they do not directly breach the Act and are very specific about what they need from you. Not giving an honest answer could indeed mean you provide false information which could have repercussions for you in the future.I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 2 years ago.
Thank you. I will answer the questions as advised.
You are welcome, all the best