Thanks for your question.
Convictions become "spent" under the Rehabilitation of Offenders Act 1974 after the requisite period of time for the sentence received. A police caution is not a conviction, it does not mean that you are charged with an offence for which you could be convicted - it is simply the police's version of a warning about your conduct.
The police maintain a database of the caution but it is NOT actually recorded as an offence.
A caution would not show up on a standard CRB check but would show up on a enhanced CRB check, but obviously only as a caution.
If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.
I will answer your follow up questions you may have.
Thanks for you reply.
I'm afraid not, no. Cautions in the scheme of crmininal activity is the lowest form however, it is not a conviction and is considered "spent" immediately for the purpose of the Act. It is considered conduct that is not serious enough to warrant being charged and convicted for.
Trust this clarifies, if so please click accept.
That's fine, I understand.
Generally, there is not considered a duty to volunteer cautions in job interviews. If however, they are asked (whether in a standard form questionaire or directly in interview) if they have any cautions then they should disclose. If they do not then it is viewed as willful deception and can therefore form the basis of misconduct, the conseqences of which can (and often does) detrimentally affect the person more than actually disclosing the offence in the first place.
If they have been through the application process and obtained visas then the criminal checks would already have been carried out. Any caution revealed would have already been taken in to account by the US immigraiton authority in determining their eligiblity for a visa.
Please click accept, I shall continue to answer your follow up questions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).