DBS Checks/Rehabilitation of Offenders Act

Hi!

I am curious if anyone could provide some guidance on whether or not I need to disclose on a UK job application a DUI that occurred in the US 9 years ago. The conviction (community service/fine) occurred 7 years ago this month.

When I applied for the visa, I enclosed all relevant court documents and received the visa with no problems, but as I fill out online applications, I note that the question comes up as standard. I have selected no in previous applications as I believe this is spent based on Rehabilitation of Offenders Act, but one recent app was more confusingly worded and I thought I'd better check with the experts.

In one specific instance, I am in the final stages of a job app (I hope), and selected no in the online application. Should I disclose this incident in person to the HR rep?

I do not want to unwittingly take myself out of the running with irrelevant information, but I also do not want to be seen as lying and lose an offer.

Bumping this and tagging @ksand24 as I feel that I recall you responding to some DUI questions in the past. Sorry if i've got that wrong!

I have selected no in previous applications as I believe this is spent based on Rehabilitation of Offenders Act, but one recent app was more confusingly worded and I thought I'd better check with the experts. In one specific instance, I am in the final stages of a job app (I hope), and selected no in the online application. Should I disclose this incident in person to the HR rep?

How exactly was it worded?

If an application only asks for UNSPENT convictions, and your conviction is spent (which it is), you do not need to disclose it at ANY stage of the application process.

If an application asks for ANY convictions, spent or unspent, then it will need to be disclosed on the application form. If you did not disclose it on the application and you should have, then I would assume it would be best to clarify it at the interview, to show you are being honest, and explain that you thought they only meant unspent convictions.

I do have a DUI from 11 years ago, but I haven't had to deal with this situation myself (where I was applying for a job and the conviction was already spent), because:
a) when I applied for my current job, it was only 2 years after it happened, so it was still unspent
and
b) it was a government job which required full security clearance, so I had to declare everything anyway

Thanks, @ksand24!

Just double checked and it is worded this way: Do you have you any unspent criminal convictions in line with the Rehabilitation of Offenders Act 1974?

So I think I'm good? I think my main fear has always been that while I think it's spent, the universe/law doesn't think so (guilt, etc), but this sets my mind at ease. I'll be sure to read closely for anything that requests both spent and unspent, however, for future apps.

Thanks, @ksand24!

Just double checked and it is worded this way: Do you have you any unspent criminal convictions in line with the Rehabilitation of Offenders Act 1974?

So I think I'm good? I think my main fear has always been that while I think it's spent, the universe/law doesn't think so (guilt, etc), but this sets my mind at ease. I'll be sure to read closely for anything that requests both spent and unspent, however, for future apps.

Your answer is no... because you do not have any unspent convictions. Your conviction is considered spent under the Rehabilitation of Offenders Act, so you do not need to mention it on the application form or at the interview.

That's the whole point of the act - once the conviction is spent, it's like it never happened, and the slate is essentially wiped clean (which sadly is not the case in the US).

You don't have to mention it to anyone unless you are specifically asked to disclose spent convictions (but employers are only allowed to ask you to disclose unspent convictions if the job is part of a specific occupation where an exemption applies... generally occupations involving working with children, in training, healthcare, government etc.).

See here for updated guidance (Dec 2018) on the Rehabilitation of Offenders Act, which includes a list of occupations for which they are allowed to ask about spent convictions:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/299916/rehabilitation-of-offenders-guidance.pdf

@ksand24 very helpful - thank you! I just shot you a PM with a clarifying question...