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Hi, can anyone offer any advice please? I've been working for this company for over 3 years and disclosed an unspent conviction on my application form, both online and on paper. Earlier this year I had to complete a Disclosure Scotland form and the conviction came back listed. I've had a quick meeting with management but at the time I genuinely thought the conviction had become spent. However, on further investigation, it is still unspent. I've since apologised to managers about my mistake and they said they'd get back to me but have not done so as yet. Does anyone know what the possibilities might be and, if adverse, how I can go about challenging them, please?

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When you "disclosed an unspent conviction, both online and in paper", did you disclose it as spent or unspent?

 

Or do you mean you didn't disclose it as you thought it was spent?.

 

If adverse, you can't challenge them as not based on facts, only that they might not be proportionate : you can stress your unblemished work record for over 3 years.

 

Have you changed role? Why did you have to complete the disclosure recently and not 3 years ago?

If a new rule : can you return to your previous role?

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is the job one where you are obliged by law to fill out a DBS application anyway? Many employers do this as a matter of course when the roles dont allow for it so they use a third party registration company which is an abuse of the system and possibly a breach of the DPA. If your job involves vulnerable people then they have to do the checks but that does not debar you from working unless you are on a barred list or your conviction was of a nature that would automaticlly bar you from working with vulnerable people (ie murder) However, giving false information may well be considered gross misconduct or a dereliction of duty or even a breach of contract (application form is also a contract).

So, depends on nature of conviction and nature of post.

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You disclosed the conviction on application so you weren't misleading. I cant see that you'd have any motivation to be deliberately dishonest so I would hope they would see it as a genuine error.

 

Realistically unless there's a statutory reason that you can't be employed, I think they'd struggle to take any action against you at this late stage.

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