Discrimination due to a criminal conviction

[simbatim]

I received a driving disqualification in April this year. I have now received my license back and its clean (i.e there are no points on it) but I am having major difficulties in obtaining a job on moving to a new area.

I have a Degree in Psychology as well as an HND in Business Management and have been applying for various roles within the NHS, CPS, Prison Service and the Council. However, I am not even getting interviewed for any positions and feel this could be due to the fact that I am disclosing on the application forms that I have a criminal conviciton.

Would a driving disqualification be classed as a criminal conviction and if so, do prospective employers have the right to decline me even an interview due to this?

I hope someone can help as I've now been out of work for over 2 months.

[RespectyourWorld]

When you say you received a driving disqualification this year - can you be more specific as to what this may be as this may change things.

[Bookworm]

Legally, discrimination can only be on certain specific grounds: age, sex, race, disability, religion or belief and sexual orientation.

 

Therefore, you can not be discriminated against because of the reason you mention.

[simbatim]

Thanks.

I received a 6month driving disqualification in relation to a driving offense. I feel it may prevent me getting employment within my chosen career as it is now classed as me having a criminal record.

[postggj]

Are You Putting The Offence On The Forms Or Just That You Have A Criminal Conviction

 

May I Ask What The Offence Was

 

It Does Make A Difference

[simbatim]

It was two speeding offences within the first 2 yrs of passing my test but due to various issues with the DVLA they offered me a ban and to receive my clean license back after the 6 months or to revoke it and for me to take the 6 points n do my test again. Not quite sure how I could take the points when I'd have a new license tho??? I opted for the first option, although I regret it now with me having so many difficulties obtaining insurance now.

 

I have just read some information posted by someone else saying that because the disqualification has now passed that the conviction will be classed as spent which means I do not have to disclose it on applications, unless obviously the form asks for spent and unspent convictions which most of them do which is something i guess.

[Bookworm]

It may or it may not... In this current economic climate, employers have so much choice, they can afford to pass up people they would have happily taken on a couple of years back. But it is their right and privilege to do so, as long as they are not discriminating within the above given criteria.

[Button1]

Hi there.

 

The absolute best place to contact is www.unlock.org.uk. They are a fantastic charitable organisation who help people turn their lives around after a criminal conviction.

 

They will give you advice and support and, if they don't know the answer to any question, they will find it out for you.

 

Join the forum or telephone them in the morning.

 

I hope it helps.

 

just to add.......Unlock often posts job advertisments on it's forum.....Organisations will contact them as some employers are keen to employ people with first hand experience ie Criminal Justice, Prison Service etc. Worth a try.

Edited October 15, 2009 by Button1
to add further info

[Zamzara]

I have just read some information posted by someone else saying that because the disqualification has now passed that the conviction will be classed as spent which means I do not have to disclose it on applications, unless obviously the form asks for spent and unspent convictions which most of them do which is something i guess.

 

Whether you have to disclose spent convictions depends on whether the occupation is one which is exempt, not whether they ask. Exempt occupations are mostly ones involving working with children or vulnerable groups.

[itstheone]

???

I'd just put, if anything, i got banned for 2 speeding tickets??

What this has to do with any job, except where your driving, is beyond me!

 

There are hundreds of thousands of people who have more than 6 points on their license.

 

Really gobsmacked on this one!

[chesham]

The vast majority of driving offences are dealt with the Magistrates' Court. If you are banned under the totting up procedure, or receive an instant ban for say, speeding, you will not receive a criminal record as these are not arrestable offences. However, the more serious offences, such as death by dangerous driving etc will result in a criminal record.

[itstheone]

There you go then, it's not a criminal conviction. You can say NO to that question now.

Hope you get a job

[JimmySpangle]

You have been declaring that you have a criminal conviction. That is untrue and as such you may have been declined interview on the basis you lied about having a criminal conviction.

 

In a nutshell, you do NOT have a criminal conviction. You were banned from driving which is not a criminal conviction. You have no criminal record and thus there would have been a discrepancy when they checked and you would have been rejected on the basis of providing false information - albeit honestly!

 

I would either recontact the said jobs and point out your perfectly honest mistake or just move on and start applying again but do NOT say you have a criminal conviction.

[Button1]

Hi simbatim,

 

JimmySpangle is correct in what he says.........I apologise, I didn't read your post correctly. Had it been for something like death by dangerous driving, that would have resulted in a criminal conviction but no, your's isn't.

 

I'm sorry I didn't read your post properly in the first place before I advised you to contact unlock.