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Old 5th Jan 2006, 19:48
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scroggs
 
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Re: Criminal Conviction A Problem?

Originally Posted by stansdead
lewis
you will have to disclose any convictions spent or otherwise to a future employer on an application, and your arson will put your application strainght iin the bin........
Harsh but true.
This is complete, and dangerous, rubbish. Your liability for disclosing your criminal record is governed by the Rehabilitation of Offenders Act 1974. Under the provisions of that act, most convictions become spent after a period of time, the length of which is determined by any sentence which was handed down at the time. As for declaring spent convictions, Law On The Web says this:

Benefits Of The Act Applying For Jobs

Applicants with a criminal record who are asked on an application form or at an interview whether they have any previous convictions can answer 'no' if the convictions are spent and the job applied for is not excepted from the Act. Under the terms of the Act, a spent conviction shall not be proper grounds for not employing - or for sacking - someone. (If on the other hand, job applicants do not disclose unspent convictions, if asked to do so, they may be found out, dismissed on the grounds of having deceived the employer - and possibly prosecuted.)

The Act does not provide any means of enforcing a person's right not to be refused employment (or entry into a profession) on the grounds of a spent conviction. If, however, an employee can prove that they have been dismissed for a spent conviction and they have been in employment a year or more, they may be able to claim unfair dismissal under employment legislation.
Some occupations are excepted from the provisions of the act, and so spent convictions must be declared when asked to do so. Airline pilot is not one of those occupations.

Airside passes are issued after a security check is carried out by Disclosure Scotland. Convictions spent under the RO Act 1974 are specifically excluded from disclosure, and will not disqualify you from holding an airside pass. See the Disclosure Scotland website for more information.

To determine whether your conviction is spent, you need to dredge up the sentence imposed on you when you were convicted and check it against the chart on the Law on the Web site linked to earlier. If you're still unsure, a solicitor specialising in criminal law will help you sort it out.

It is extremely unlikely that a single youth conviction will disqualify you from employment in the airlines. Pay no attention to the claptrap spouted by some here.

Scroggs
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