Sil Wrote:In the UK minor offences are quashed after 10 years (I believe), so firstly it's not forever.
The UK Rehabilitation of Offenders Act 1974 created "rehabilitation periods" for offences which become "Spent" after a certain time, i.e. they do not need to be revealed to an employer but can in some circumstances be referred to in court.
In the UK convictions are only "quashed" on appeal. The guide below should give some indication as to the rehabilitation period.
Prison sentences of 6 months or less 7 years
Prison sentences of more than
6 months to 2 1/2 years 10 years
Borstal (abolished in 1983)
* 7 years
Detention centres (abolished in 1988) 3 years
Fines,
probation,
compensation,
community service,
combination action plan,
curfew orders,
drug treatment and testing,
and reparation orders 5 years
Absolute discharge 6 months
People aged 17- at the time of conviction.
Prison sentences of 6 months or less 3 1/2 years
Prison sentences of more than
6 months to 2 1/2 years 5 years
Borstal (abolished in 1983)
* 7 years
Detention centres (abolished in 1988) 3 years
Fines,
probation,
compensation,
community service,
combination action plan,
curfew orders,
drug treatment and testing,
and reparation orders 2 1/2 years
Absolute discharge 6 months
There are however some areas of employment where the Rehabilitation of Offenders Act 1974 is exempt and candidates and members of these professions must reveal their convictions. Those areas are:
Those working with children and other vulnerable groups, such as teachers and social workers
Those working in professions associated with the justice system, such as solicitor, police, court clerk, probation officer, prison officer and traffic warden
Doctors, dentists, chemists or nurses
Accountants
Veterinarians
Managers of unit trusts
Anyone applying to work as an officer of the Crown
Employees of the RSPCA or SSPCA whose duties extend to the humane killing of animals
Any employment or other work normally carried out in bail hostels or probation hostels
Certain officials and employees from government and public authorities with access to sensitive or personal information or official databases about children or vulnerable adults
Any office or employment concerned with providing health services which would normally enable access to recipients of those health services
Officers and other persons who execute various court orders
Anyone who as part of their occupation occupies premises where explosives are kept under a police certificate
Contractors who carry out various kinds of work in tribunal and court buildings
Certain company directorships, such as those for banks, building societies and insurance companies
Certain civil service positions are excluded from the act, such as employment with the Civil Aviation Authority and the UK Atomic Energy Authority.
Convictions are never deleted from the Police National Computer (PNC) and may be revealed if a person applies to the Criminal Records Bureau for a disclosure.
A Disclosure is a document containing information held by the police and government departments. It can be used by employers and voluntary organisations to make safer recruitment decisions.
Disclosures are provided by the Criminal Records Bureau (CRB), an executive agency of the Home Office.
The Disclosure service offers organisations a means to check the background of job applicants to ensure that they do not have a history that would make them unsuitable for posts they are trying to fill.
Disclosures will provide details of a person's criminal record including convictions, cautions, reprimands and warnings held on the Police National Computer (PNC).
If the position involves working with children, Disclosures will also contain details from lists held by the Department of Health (DH) and the Department for Education and Skills (DfES) of those considered unsuitable for this type of work.
Depending upon the level of Disclosure, it might also contain information held by local police forces.
There are three levels of Disclosure:
• Enhanced
• Standard
• Basic
Enhanced Disclosures
These are for posts involving a far greater degree of contact with children or vulnerable adults.
In general the type of work will involve regularly caring for, supervising, training or being in sole charge of such people. Examples include a teacher, scout or guide leader.
Enhanced Disclosures are also issued for certain statutory purposes such as gaming and lottery licences.
This level of Disclosure involves an additional level of check to those carried out for the Standard Disclosure. An Enhanced Disclosure includes a check on local police records. Where local police records contain additional information that might be relevant to the post the applicant is being considered for, the Chief Officer of police may release information for inclusion in an Enhanced Disclosure.
Standard Disclosures
These are primarily for posts that involve working with children or vulnerable adults.
Standard Disclosures may also be issued for people entering certain professions, such as members of the legal and accountancy professions.
The Standard Disclosure contains details of all convictions held on the PNC including current and 'spent' convictions as well as details of any cautions, reprimands or final warnings.
If a position involves working with children, the Disclosure will indicate whether information is held on government department lists, held by the DH and DfES, of those who are banned from working with children. The Disclosure also includes information held by the DH of those considered unsuitable to work with vulnerable adults.
Basic Disclosures
These are available for all types of employment and voluntary positions not covered by the higher-level Disclosures.
This level of Disclosure contains details of convictions considered 'unspent' under the Rehabilitation of Offenders Act (ROA) 1974 and held on the Police National Computer (PNC).
The Basic Disclosure is applied for by, and issued only to, the individual concerned.
It is then the individual's choice whether they show the Disclosure to an employer. It is not job-specific and may be used more than once.
Effect of further conviction on the rehabilitation period.
If a person is convicted of an offence during the rehabilitation period of the last offence the new conviction can have the effect of either beginning the rehabilitation period again from the date of the new conviction or a longer rehabilitation period if the new offence has a greater rehabilitation period.
People aged 18 or over at the time of conviction:
* Youth Custody - Persons aged up to 21 years
This information has been taken from UK Home Office sources and applies to England and Wales only.