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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

I have a criminal record

60 replies

Summerg · 09/07/2022 22:44

When I was 17/18, I stupidly took the fall for something my best friend did. I wasn’t even at the place at the time.
The charge is assault, but a very minor form. In fact, I wasn’t even given a punishment, not even a community order. My basic DBS comes back clear now as it’s spent but records on the police national system are clear as day (obviously not expecting it to disappear) so enhanced DBS would show conviction. I’ve never been arrested apart from this incident. Of course I don’t speak to her now…

How bad have I messed up? I didn’t realise how little jobs I can get. Even the local petrol station near me wants an enhanced DBS for a retail assistant job. Dare I ask if I got a lawyer could it be overturned? But then I’d be convicted of perverting the course of justice…

OP posts:
Trethew · 10/07/2022 09:34

There is another aspect to this. Even if a conviction shows up on your DBS check it does not necessarily mean you won’t get the job. I used to interview people for teaching posts and we would come across applicants with convictions. Each case is taken on its merits. For example a conviction for criminal damage after crashing into an expensive car on a skateboard would not on its own be a reason to dismiss an applicant. Nor would historic shoplifting. What matters is the nature of the offence, how old was the offender at the time, and whether or not there is any further offending history. We all make mistakes when we are young, though most of us don’t get convictions

Original poster
Summerg · 10/07/2022 11:29

I don’t know if this changes things as they have a different justice system, but the offence happened in Scotland

OP posts:
Original poster
Summerg · 10/07/2022 11:30

@Ladybug9 as I was over 18 when it went to court I was classed as an adult

OP posts:
slashlover · 10/07/2022 11:34

I'm in Scotland and have worked several retail jobs and one in a call centre, I've never had an enhanced DBS in my life. My current job is the first one where I've had a basic DBS done, I'm assuming as charity retail.

LynneBenfield · 10/07/2022 11:37

Trethew · 10/07/2022 09:34

There is another aspect to this. Even if a conviction shows up on your DBS check it does not necessarily mean you won’t get the job. I used to interview people for teaching posts and we would come across applicants with convictions. Each case is taken on its merits. For example a conviction for criminal damage after crashing into an expensive car on a skateboard would not on its own be a reason to dismiss an applicant. Nor would historic shoplifting. What matters is the nature of the offence, how old was the offender at the time, and whether or not there is any further offending history. We all make mistakes when we are young, though most of us don’t get convictions

True. An ex colleague of mine had a spent conviction come up on his enhanced DBS when he was doing his HCP training. He had to go through interviews to explain the nature of it and was allowed to train and qualify. He was a very good, professional, well liked practitioner.

BalloonsAndWhistles · 10/07/2022 11:43

I know on the NHS website it asks if you have a criminal record and you tick yes/no. There’s then a spiel about how ticking yes doesn’t automatically mean you won’t be offered the job etc. I think employers try to be as objective as possible when considering whether it’s relevant. I mean if a porter was caught nicking a lipstick 25 years ago and had never done it again then it’s different to assaulting someone last week 🤷‍♀️

BrilloSolar · 10/07/2022 11:48

I also know a teacher with some kind of assault conviction. Although his may well have been under 18yrs. I know he declared it at interview and was given the job. That was about 12 years ago and he's now a very successful head of school.

I hope this thread has given you some hope that all is not as terrible as it seems.

TrainBrainCrain · 10/07/2022 11:48

It won’t stop you from getting a job. I’m a nurse and one of me colleagues (also a nurse! has a conviction for assault (I know because she told me) from
about 6 years ago. She declared it
when the enhanced DBS then when she applies for a job and was successful so had to have an additional meeting to discuss the circumstances etc (it was an abusive ex partner who she assaulted). So if she can work as a nurse you’ll
be fine

xyzandabc · 10/07/2022 11:52

All these jobs that need DBS or enhanced DBS are absolutely fine for you to apply for.

If a DBS comes back with something on it, it's then down to the employer to look at it, what it was for, how long ago, and whether the potential employee has been up front or lied about it.
If you told the employer what you've put in your OP, when you complete the DBS form, I can't imagine any employer not offering you the job because of it.

MermaidSwimming · 10/07/2022 11:55

As long as you disclose it then it should be ok, I do dbs checks s part of my job and some show convictions. It doesn't mean they can't work for us but depends on circumstances. Surprised a petrol station is asking though

spanieleyes · 10/07/2022 11:58

The only reason we (school) have turned someone down for having a criminal record is because they didn't declare it on the application form and we didn't find out until the DBS came through. So the offer wasn't withdrawn because of the conviction but because of the lie on the application form.

Poppinjay · 10/07/2022 12:28

If it can't be removed, just disclose it and explain it if you apply for a job that requires an enhanced check.

I have recently employed someone to work in a school whose DBS wasn't clear. The issue was managed with an explanation and a risk assessment.

Herja · 10/07/2022 12:37

I know people with DBS forms 5 pages long due to their number of convictions and cautions (all drugs, dealing, theft, violence, D and D type), who work with vulnerable young people. If it would show up, just make sure you declare it first. Multi-page DBS reports with dishonesty charges, drugs, smuggling and violence who have high level government security clearance... not just a coupe of people either.

So long as you're upfont about it, it was a while ago, and it is clear you're not like that now, it'll be fine. Don't worry about it.

user1471554720 · 13/12/2022 20:28

Summerg, why did you take the fall for your friend? Did you realise at the time that having a record would make e.g. going to US, jobs harder. Did your family or a solicitor know you did this? Did anyone advise you?

I am asking as I think you were set up. I think they took advantage of you. Does your friend know how much this has affected your life. I really hope you can get something done. Would it be worth coming clean. If you were young and pressurised to take the blame, they may understand and amend your record.

Simonjt · 13/12/2022 20:35

I was given a suspended sentence for assault and a drug related conviction, they showed up on my dbs when I adopted and when I have taken on coaching jobs and rugby tots, it hasn’t stopped me getting work. An enhanced DBS is only used for certain jobs, most won’t need an enhanced DBS checks.

A criminal record isn’t hugely unusual, HR will have seen plenty application forms with a criminal record declared.

OhmygodDont · 13/12/2022 20:40

This is all interesting to me as I have a conviction from when I was 11 or 12 yes so terrible I don’t remember when. A very traumatic serious of events led to me not intentionally hurting anyone more lashing out throwing stuff and breaking stuff (criminal damage, a slap (gbh?) and someone hurting themselves on something I smashed classes as abh? An entirely one time thing (child in care, assaulted child, blended family etc etc) and I’ve always been way too scared to ever apply to even be a parent reader for fear of this showing up and flagging me as some big bad meanie even now at 31 and never had another run in with the police since.

hangonsnoopy · 13/12/2022 20:40

I have two convictions as an adult and neither have shown up on enhanced DBS .

LynneBenfield · 14/12/2022 10:59

OhmygodDont · 13/12/2022 20:40

This is all interesting to me as I have a conviction from when I was 11 or 12 yes so terrible I don’t remember when. A very traumatic serious of events led to me not intentionally hurting anyone more lashing out throwing stuff and breaking stuff (criminal damage, a slap (gbh?) and someone hurting themselves on something I smashed classes as abh? An entirely one time thing (child in care, assaulted child, blended family etc etc) and I’ve always been way too scared to ever apply to even be a parent reader for fear of this showing up and flagging me as some big bad meanie even now at 31 and never had another run in with the police since.

FWIW, I don’t think juvenile convictions like that show up.

LynneBenfield · 14/12/2022 11:03

@OhmygodDont , according to the gov site, youth warnings, cautions and reprimands are not disclosed automatically on standard and enhanced DBS certs (this is as of 2020)

I have a criminal record
WeepingSomnambulist · 14/12/2022 11:12

Why on earth did you accept a conviction for someone else?
At 17, you were old enough to understand how serious that was and what it could do to you. Even travelling, you wont be able to enter a lot of countries now because you have a conviction for violence.

LynneBenfield · 14/12/2022 11:27

Simonjt · 13/12/2022 20:35

I was given a suspended sentence for assault and a drug related conviction, they showed up on my dbs when I adopted and when I have taken on coaching jobs and rugby tots, it hasn’t stopped me getting work. An enhanced DBS is only used for certain jobs, most won’t need an enhanced DBS checks.

A criminal record isn’t hugely unusual, HR will have seen plenty application forms with a criminal record declared.

I would agree with this. It isn’t even that unusual in jobs where enhanced DBS is required. Obviously it depends on the conviction but there are teachers, nurses with historical criminal records etc working. Disclosure is really important, lying or failure to disclose a conviction (spent or otherwise) that crops up on a DBS reflects very badly on the potential employee, in this case the lie is often as bad as the conviction in employers’ eyes.

Justcanttakeit · 14/12/2022 11:29

If it’s common assault it won’t show any more as the rules were changed in 2020. Mins doesn’t even show on an enhanced check now I’m so so happy

lieselotte · 14/12/2022 11:31

Undecidedandtorn · 09/07/2022 23:25

There are only certain jobs that are allowed to do enhanced DBS checks and retail isn't one of them. You have to be carrying out a regulated activity. This link tells you which jobs. www.gov.uk/find-out-dbs-check

Yes but lots of employers go on fishing expeditions and the ICO hasn't the resources to stop them. It's completely wrong.

OldPosterNewUsername · 14/12/2022 11:32

FILTERING

savethatkitty · 14/12/2022 11:35

After a certain time period, it doesn't show up. I wouldn't worry too much. I had a DUI many centuries ago. I owned up to it, although it wasn't relevant at all in my profession. Never hindered me. Unless you've committed fraud or workplace theft, I think you'll be ok