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Criminal records

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matt_london | 15:17 Thu 12th Oct 2006 | Law
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When you apply for a job you are often asked if you have a criminal record. Is this information available to the general public? Whats to stop someone pretending that they are considering employing someone and just being nosey !!
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Good question.
i think experian and/or exifax do this type of check on a person along with what qualifications they have got, for exaclty these purposes, but at a cost.
When we hire people we are expected to "excercise due diligence". If working with cash, people etc etc it is important to hire the right person, so the employer is trying to preent harm to others in general.

Many years ago wehad an applicatio to work in the kitchen from a guy who had filled in that he had "done 6 years for armed roddery", We gave him the job, and the only reason he go an interview was out of curiosity. He went on to become kitchen manager after being funded by the company to return to college and is now one of catering development managers for one of the most largest food/ drink chains in the country, The boy did good.
a lot of firms now insist on a criminal record check at the criminal records office for jobs,all my drivers have to have one,but you cant just get one like you think,you have to be a reconised company or agency.they dont give out info without your permission.
The mind boggles at "ARMED RODDERY"" Goodsoulette :)
I would have thought only people with a good reason could access such information: Banks;Post Office, or other such establishments were security is important. With the Data protection laws as they are now,I'm not sure just what information could be given out
made me laugh when I read it.
(Posted in 2 parts):

When an application form simply asks if the applicant has a criminal record, the employer has to trust that the applicant is telling the truth. However, if the applicant gets the job and the employer subsequently finds out that the person has a criminal record (excluding any 'spent' offences which he was not required to declare), this would provide grounds for immediate dismissal. Also, if the employer reported the matter to the police, the (ex-)employee could be prosecuted for 'obtaining a pecuniary advantage by deception'.

Where an employer is not simply prepared to trust that an applicant will tell the truth, he can apply to the Criminal Records Bureau to check on the applicant's background. In order to stop 'nosey' people from pretending to be an employer, the CRB only accept applications from registered employers or registered umbrella bodies.

The 'registered employers' system allows large bodies (such as health authorities), who require over 100 CRB checks per year, to satisfy the CRB of their integrity. (i.e. to show that they have a legitimate reason for making the checks and that they'll only make checks on their existing staff or on job applicants).
'Umbrella bodies' are organisations which satisfy the CRB that they can meet the same requirements as 'registered employers' but who act on behalf of employers who only require a small number of checks each year.

For most types of employment, the CRB will only carry out a check at 'standard' level. This means that the document they issue will only show criminal convictions which have not become 'spent' under the Rehabilitation of Offenders Act.

For certain types of employment (e.g. working with children or other vulnerable people), the CRB will accept an application for a check at 'enhanced' level. This will show all convictions, including those which would normally be considered as 'spent'. Additionally, it can also show relevant information from other sources. For example, some teachers are barred from teaching, because of misconduct, by the DfES, even though they've never been convicted of a criminal offence. If that person then applies for a non-teaching post working with children, the DfES information will also show up on an enhanced report.

Chris
why you have to write so much when it can all be said in a few sentences is beyond me,chris.are you trying to out do the judge
I would have thought that you would have to give authorisation for someone to look at your record? I do enhanced CRBs at work (school) and I have to see proof of 3 types of ID, the person has to complete a form which they sign and then we are charged around �30 for the pleasure of checking this persons record. If someone wants to go through all this 'just being nosey' then they really need to get out a bit more!!!
It is standard procedure for this question to be asked by employers. If the offence is "spent" under the Rehabilitation of Offenders Act ie it was relatively minor and the specified time has passed since sentencing then you are entitled to answer "No" However some employers ask have you EVER had a criminal record in which case yoou would have to admit to it. Should you give the wrong info and are later caught out you are extremely likely to be fired whereas admission of an offence which occurred some years ago would not necessarily cost you the job.

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