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trebor
16-07-2005, 14:49
As a juvenile I got into a bit of bother with the police :blush: I now need to know what if anything is on my criminal record (assuming I have one at all, it was a long time ago.) I need to declare any cautions or convictions for a job application, but I can't remember what I was charged with and what I was given a good hiding for by the police man that caught me. Is there any way to find out?

dilli-theclaw
16-07-2005, 14:50
How long ago?

Couldn't you go and ask the police?

TheBlueRaja
16-07-2005, 15:00
Your criminal record is wiped at sixteen IIRC...

MovedGoalPosts
16-07-2005, 15:03
The Rehabilitation of Offenders Act
1974
A key question to ask is whether the conviction
is †˜spentâà ¢â€šÂ¬Ã¢â€Š¾Ãƒâ€šÃ‚¢ or forgotten under the Rehabilitation of
Offenders Act 1974. Unless your vacancy is
exempt from the Act (see standard and
enhanced disclosures below), the applicant is
not legally obliged to disclose their conviction if
it is spent.
Most convictions become spent after five
years, or two-and-a-half years if the person
was a juvenile (ie under 18) at the time of
conviction. For instance, fines, compensation,
probation, community service and
combination orders take five years, or
two-and-a-half years for juvenile convictions.

lifted from: http://www.nacro.org.uk/data/resources/nacro-2005020104.pdf

Escapee
16-07-2005, 15:21
I think you would have to make sure the record is wiped clean, I understand that this should happen and evidence such as figerprints should be destroyed but it often doesn't happen.

I know a guy in his 30's who applied for a shotgun licence, and he was turned down because of his criminal record. He had been caught fishing without a licence in his teens.

MovedGoalPosts
16-07-2005, 15:27
Ah the conviction occurred, therefore it will always exist. You just don't have to declare it in most circumstances.

Escapee
16-07-2005, 16:08
I always tell the truth, it has caused a great deal of laughter when questioned in an interview "Do you have a criminal record" when I tell them how I got a record for criminal damage they usually have a good laugh about it.

Its best to be honest, it could be much worse if they find out from another source at a later date.

Stuart
16-07-2005, 16:18
I don't know if this is true, but when I applied for a job at the Defence Research Agency (which I didn't get, sadly), I was told that because my job would be covered by the official secrets act, the MOD would be checking ALL (including expired) offences on both my record and those of my immediate family (including grandparents).

Not sure if they can actually do this though.

punky
16-07-2005, 16:19
You can go into your local police station and ask them for a record of what they have on you. It costs you some money, like £15, and you fill out a form. Go in and ask, they'll know what you need.

It takes ages because they have to run it through all the police forces in the country and against all your aliases (if any) and previous addresses.

MovedGoalPosts
16-07-2005, 16:23
A quick google suggested there are a number of online agencies that claim to be able to check criminal records, amongst others. I'm not going to give any links as I don't know if they are bonafide or not.

Escapee
16-07-2005, 16:27
I don't know if this is true, but when I applied for a job at the Defence Research Agency (which I didn't get, sadly), I was told that because my job would be covered by the official secrets act, the MOD would be checking ALL (including expired) offences on both my record and those of my immediate family (including grandparents).

Not sure if they can actually do this though.

Yes they do, but not for the official secrecy act as such. The official secrecy act is a document you sign saying you are happy to be hanged in the tower of London if you are guilty :D

All offences and family details are checked for a basis security check and SC level clearance. They went into my complete family history and it took a few months to get clearance. (Thats why they compete a basic first) The next level of clearance I had entailed going through the whole lot again, and this happens every time I have to get a special clearance for a specific project, and even the name of these clearances are classified and not to be repeated.

The next level of clearance involves a visit to your home from a representative of the MOD.

I had no problem because I stated details of my criminal record on the forms, I was questioned about it and told it was OK because I told them. If I had left it off, they would of probably refused my clearance.

makikomi
16-07-2005, 16:37
I'd have thought that you could obtain this under the Freedom Of Information Act and/or the Data Protection Act.

I did have a criminal record...

It was "The Lion Sleeps Tonight" by Tight Fit.

:D

Damien
16-07-2005, 18:58
I'd have thought that you could obtain this under the Freedom Of Information Act and/or the Data Protection Act.

I did have a criminal record...

It was "The Lion Sleeps Tonight" by Tight Fit.

:D

That reminds me of the Only fools joke where Rodney is said to have a police record in front of a policewomen girlfriend. Del covers it by saying "yeah, walking on the moon"

trebor
16-07-2005, 20:30
Thanks for all the answers, having had a quick google it looks like the local police station is the best first bet, after all if anybody should know I would hope it was them.
but if anybody else has a definitive answer please post it.

greencreeper
17-07-2005, 00:16
Bit late here but...

The Rehabilitation of Offenders Act states that after a period of time, convictions become spent. Some convictions don't become spent, and the period of time varies depending on the sentence. All job applications that request details of convictions should mention this - i.e. "please list all convictions other than those that are spent under the ROA". Some jobs, such as those that involve working with children or for the MOD, are exempt from the Act and you must declare all convictions. The job application should state this and explain why the job is exempt. If a job application does not state anything (e.g. "Please list all convictions"), you're entitled to assume that it only means unspent convictions.

Much of what I said above echos MG... Rob C's post, but the key points are that (a) the employer should write the application form clearly and correctly when it comes to requesting details of convictions, and most don't; and (b) you're entitled to assume in your favour if the form is not clear.

[edit] Oh and eventually I think you won't see the section about convictions on application forms - you'll have a separate form that will authorise the employer to request a basic (only unspent convictions) or detailed (both unspent and spent) report on convictions from the CRB.

http://www.crb.gov.uk/

Escapee
17-07-2005, 01:06
Bit late here but...
[edit] Oh and eventually I think you won't see the section about convictions on application forms - you'll have a separate form that will authorise the employer to request a basic (only unspent convictions) or detailed (both unspent and spent) report on convictions from the CRB.

http://www.crb.gov.uk/


Just to add a bit

With security clearance the for containing details of any convictions are placed by yourself in a sealed envelope to go to the government vetting agency, this means the company doesn't see the contents and details of your record.

punky
17-07-2005, 10:19
but if anybody else has a definitive answer please post it.

I already have posted a definitive answer. I wasn't making it up or guessing wildly, I had to do it myself once.

I just checked my receipt and it cost £10 (for the Met anyway), and on it says "Data Protection ACt", like makikomi said.

Shaun
17-07-2005, 11:22
When I had my CRB check for a an OU placement I filled in the forms and sent that and my ID to the OU who signed to say it was me and then sent it on to the CRB. Cost them £58 I think, but that was for a full one. Like Punky said a DPA subject access request is quicker and cheaper, but be warned they have up to 40 days to return it to you!!

Nidge
17-07-2005, 12:20
As a juvenile I got into a bit of bother with the police :blush: I now need to know what if anything is on my criminal record (assuming I have one at all, it was a long time ago.) I need to declare any cautions or convictions for a job application, but I can't remember what I was charged with and what I was given a good hiding for by the police man that caught me. Is there any way to find out?

If the coppers gave you a thick ear nothing will be on record. When I was 14 I got caught riding a motorbike across a road onto some old wasteland, the coppers caught me took me to the station phoned my mum and dad ( who weren't to pleased) came to pick me up. I had to go back to the Police station a few weeks later for a caution, this didn't show up on my enhanced CRB records check last year. I asked a copper mate of mine if a caution stayed on record? He said they stay on for 6 months then are wiped off because you've not been convicted by a court of law.

We all did daft things when we were young it's all part of growing up me included, they cannot hold convictions against you that were over 5 years ago, only the major ones.

You'll be ok trust me.

zoombini
17-07-2005, 13:30
Nothing get removed from your record, certainly not at the age of sixteen.

I have my enhanced CRB check in front of me & it shows 2 minor infractions from when I was 13 % 14. (although 1 is not even mine?)

If you want to contact the Criminal Records Bureau you can do so on thier helpine 0870 90 90 844 & they can give you further information on obtaining a copy of your records etc.

Also visit the CRB site (www.crb.gov.uk)

Maggy
17-07-2005, 14:23
Well what a lot of contradictionary postings!!I'm no clearer as to what is actuallly the true state of affairs..In fact I'm totally confuddled. :confused:

Just having YET another CRB because my LEA have lost the last three sets of records...31 years of working for the beggars and they still need to check up on me.I'm sick of filling the forms in every time they changed the fecking system too. :rolleyes: Why they don't just have an update check every 5 years instead beats me.I've filled in two CRB's in the last 3 years alone. :(

marky
17-07-2005, 14:44
I look at it like a driving licence once the points are off you dont tell the insurance about them.

if it is not a government job then the data protection act should (hopefully) protect you. but your origional question was do i have a criminal record
read the 1974 act and follow it to the letter. its there for a reason :juggle:

Nidge
17-07-2005, 19:05
Nothing get removed from your record, certainly not at the age of sixteen.

I have my enhanced CRB check in front of me & it shows 2 minor infractions from when I was 13 % 14. (although 1 is not even mine?)

If you want to contact the Criminal Records Bureau you can do so on thier helpine 0870 90 90 844 & they can give you further information on obtaining a copy of your records etc.

Also visit the CRB site (www.crb.gov.uk)

My cautions didn't show up.

MovedGoalPosts
17-07-2005, 19:18
Not sure that cautions should show, after all they aren't a full conviction :confused:

zoombini
17-07-2005, 22:56
Cautions wont as said, they are not a conviction.

Also it depends upon if your having an extended check or just a basic one. If your going to work with kids then it will be extended.

Although I have had one recently, I will have to habve another because the first was for the church who sponsor the cubs, yet the scout association want thier own too.

basa
18-07-2005, 13:11
To try and clear some of the confusion, there are various types of police record info available.

Data Protection info from local police station: This can either relate to convictions only or additionally you can request info related to any police matter involving yourself.

CRB: Three levels of 'Disclosure'; Basic shows only unspent convictions (i.e. not expired under Rehabilitation of Offenders Act). Standard shows all convictions (spent and unspent). Enhanced shows all matters spent, unspent and any charges whether convicted or not.

Data Protection is obtained by filling a form from your local Police Station at a cost of £10. ID required.
CRB Basic costs £13+ and you can apply online (I think). Standard and Enhanced are applied for by the organisation you are applying to for a job. They get a copy and you get a copy. They can obviously only apply with your written permission (signature on application form) usually after selection or short listing.