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

In 1988 i was sentenced...
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.
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Answered in 20 minutes by:
3/22/2010
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,630
Experience: BA (Hons), PgDip, Practising Solicitor
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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

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Customer reply replied 7 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
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