suspended from work r.e criminal record

[michael85]

hello

I started a new job three months ago which required a enhanced crb check. it came through yesterday and i was then suspended from work with a disiplinary hearing tomorrow for gross misconduct.

This has come about as when i was 13 i was convicted of battery and given a 6 month conditional discharge. i was told at the time that this would be erased from my record when i turned 18 (now 23). it seems it has not and now i have been told that as i did not disclose this information to my employers i now face the sack. Through ignorance i believed that as it was a juvenile crime it would no longer be on my record so chose not to disclose information which i thought irrelavent.

Does anyone know wherei stand?
will i lose my job?

thanks

[poppynurse]

I think your best chance is to explain the circumstances - ie that you were advised that this would be struck off. It seems harsh that an act as a child at 13 can impact 10 years later. I'm not sure whether it should have been disclosed - I also thought that juvenile offences were sealed. Hopefully someone will be along to advise on this aspect.

What sort of job is it? Have you joined a union?

[MrShed]

I thought that eCRB checks involved the disclosure of offences otherwise not required to be disclosed e.g. "spent" offences?

[patdavies]

Originally Posted by MrShed

I thought that eCRB checks involved the disclosure of offences otherwise not required to be disclosed e.g. "spent" offences?

Both standard and enhanced CRB checks will disclose 'spent' convictions.

The difference between standard and enhanced is that Police intelligence and arrest records are also used in the enhanced disclosure; not just criminal record.

[patdavies]

Originally Posted by poppynurse

I think your best chance is to explain the circumstances - ie that you were advised that this would be struck off.

Agreed

It seems harsh that an act as a child at 13 can impact 10 years later.

Yes, and I'm not sure it should have been disclosed.

I'm not sure whether it should have been disclosed - I also thought that juvenile offences were sealed.

Juvenile offences a certainly not sealed at the accession to adulthood; so this can't apply to all juvenile offences. If you think about it for a minute, some heinous crime could be committed just before 18th Birthday and then be 'wiped' on that day - I think not somehow.

One presumes that the disciplinary proceedings are not for having the conviction, but for not declaring it at application/interview.

I would check about the validity of the disclosure (although I am not sure how); the CRB do make mistakes. If it shouldn't have been disclosed by the eCRB, then there is no 'offence' in failing to disclose to the employer.

[patdavies]

Just to add, having done some googling, it would appear that the wording to the question on applications forms commonly includes the phrase "including juvenile offences"

This gives me the impression (nothing stronger than that I'm afraid) that this would be a requirement if prospective employers expect such offences to be declared.

[MrShed]

In any event, if it would show up on a CRB check(which my understanding is that ALL would) then it should have been declared I'm afraid.

[patdavies]

Originally Posted by MrShed

In any event, if it would show up on a CRB check(which my understanding is that ALL would) then it should have been declared I'm afraid.

In a normal situation, I would whole-heartedly agree with you.

Further research on my part has unearthed that juvenile convictions/caution do remain for CRB purpose (standard and enhanced).

However, the OP had a reasonable expectation that juvenile offences would be wiped away (see first post) and we have not been told whether the employer specifically asked for juvenile offences to be disclosed. AIUI, simply asking for 'all offences' is not sufficient; there must be a specific question (or "including juvenile offences" in the main question).

[LavenderRose]

I signed up to this site a few weeks ago and didnt know if CRB would be on so I am so glad it is. My partner is 37 and in his twenties volunteered at the local school for 5 years and has some certificates for it. he then volunteered for the local youth club for 3 years and both times had an enhanced CRB with no probs. He gave up as a volunteer 5 months ago as life was so busy and now that it has quietened down agreed to run a workshop for the local youths at the same centre. We sent of for the enhances CRB as usual and when it came just handed it in like last time. 3 days later he was taken in the office and told they could not let him volunteer and showed him his CRB. We could not believe it, it states that the police were told that he has been selling drugs from our home and from the car over a four year period. Its devestated us as its totally not true. We have never had the police at our door due to our teenagers let alone us and we dont even take drugs. This is a malicious lie that someone has phoned up and fabricated this story and it has gone on his CRB. I have researched the net and its happening to thousands of people. It only takes a pee`d of neighbour or a spiteful ex and your career could be in ruins. He now cannot get a job or volunteer anywhere and I believe you can complain but ppl are struggling to get them taken off. If anyone has any advice on this I would really appreciate it as we dont know where to start clearing his name. Id appreciate it.
Thanks

LavenderRose

[voyager108]

I had the same problem. My juvenile conviction for which I recieved a 6 month supervision order at the age of 15, has followed me around all my adult working life.

At 15 I got drunk stumbled out of a nightclub and put my hand up a girls skirt.

Of course very stupid thing to do.

I've never been in trouble since.

I'm not sure but I think you're juvenile record will show up on an enhanced and standard CRB check.

I've always declared it, and still been employed with children and social work.

Of course I regret what I did. But life is a learning experience.

Redemption lies in helping others.

Employers come down hard on you if you don't declare your past.

My advice for the future is to declare it. If you explain the circumstances an employer may understand. If you don't you'll always be worried they'll find out.

After deciding to admit my mistakes(and we all make them), I felt I could move on.

I don't know your circumstances but it sounds like there were extenuating factors. Your childhood does'nt sound ideal. If that is the case, check out the ACA website. Its for people who grew up in dysfunctional families- I know I did.

Anyway good luck brother.

[Zamzara]

A job requiring an enhanced disclosure is almost certainly one that requires spent convictions to be declared too.

However, if you were wrongly advised about this I'm not sure it can amount to gross misconduct if you acted innocently and not maliciously. If you are dismissed the best you can hope for is that you may be able to claim notice pay.

	What are your rights at work Follow this link to read the review of the Guide to your Rights at work, published by Lawpack