How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7534
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

In 1988 i was sentenced to 10yrs in prison for attempted murder.I

This answer was rated:

In 1988 i was sentenced to 10yrs in prison for attempted murder.
I served approx 5.5 yrs and was released in 1993.
Is my conviction spent and do i have to declare it.
I have never been in any further trouble.
I have been working as a traffic warden for over 2yrs they have just completed an enhanced CRB and have now dismissed me for lieing on my application form. I ticked the no box when it says do you have any unspent convictions.

Hello,

 

Thanks for your question.

 

I'm afraid that under the Rehabilitation of Offenders Act 1974 convictions for which a custodial sentence of over 2 1/2 years were received never become spent. It's a pretty draconian treatment unfortunately.

 

Given that you did not declare it when specifically asked then this will be seen as a dishonest answer by the employer and dishonesty is a conduct issue for which they are probably entitled to treat as gross misconduct to dismiss you.

 

For future reference, It is unclear whether an employee would have to volunteer the information if the employee was not specifically asked. So I would probably keep quiet unless asked in other job applications.

 

You have my sympathies; it sounds as if you have genuinely rehabilitated yourself and I see that as a credit to you. I wish you the best of luck in your future applications.

 

If this has been useful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

Tom

Customer: replied 6 years ago.
Thanks for your help but I believed that for convictions before feb 95 majority of convictions were spent after a length of time ( same time as your sentence once released) is this not true?

That relates to an amendment made by Criminal Justice and Public Order Act 1994 with regard to probation. I'm afraid that it does not alter your position.

 

There is useful information on your rights here:-

http://www.yourrights.org.uk/yourrights/privacy/spent-convictions-and-the-rehabilitation-of-offenders/how-a-conviction-becomes-spent.html

 

You will note that traffic wardens are in fact one of the exceptions to the ROA which require you to disclose all spent and unspent convictions.

 

Please kindly click accept.

 

Tom

 

 

Thomas and other UK Law Specialists are ready to help you