RCB And A Criminal Record???

Discussion in 'Officers' started by APOS, Oct 4, 2004.

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  1. Hi there im wondering if someone can help me with a tricky question regarding RCB and a criminal record?...

    When I was 16 (23 now!!), i got arrested by the police.
    I was subseqently charged and given a very small fine from the court.
    Fast forward 7 years and Im now a mature graduate, who luckily learned from his mistake, matured and thinks he would be a good army officer.

    I spoke to a nice sergeant at my local AFCO about what had happened to see if I could apply. He told me the conviction was "Spent under the terms of the rehabilitation of offenders act", as it had been more than 5 years since it had happened. He then said I the legal right to forget about it and not mention it when interviewed or on the application forms.

    Since then I have not mentioned the conviction to anyone and have succesfully passed the RCB brief and have gained sponsership

    Now im just hoping he told me the correct information as I have a date with the RCB main board and I dont want this to go t**s up!
    Could anyone please advise me of what the right of course of action is, as in an ideal world if the conviction is spent I dont want to have to talk about it??

    Hope someone can help,

    Thanks, APOS 8O
  2. Whether it's spent or not, you should declare it as they'll find out anyway :wink:
  3. There are exceptions to the right of non-disclosure of spent convictions. One of these exceptions is national security. I would have expected this to be explained on the forms which you have completed: can anyone else confirm?

    The fact APOS that you were arrested is not relevant: all that matters is the offence you were actually convicted of, and the penalty imposed.
  4. I believe there is actually a form amongst those you'd have filled in about criminal records which you'd have signed to either say you don't have one or you do.
  5. Since the guy was 16 doesn't the crime fall under a youth criminal act?

    Most countries wipe the record clean after so many years. So he would not have to say anything, as it is his right not to.

    Something to double check with the recruiter, but if you don't have to tell them...
  6. The Mod Form 1109 (Security Questionnaire) requires you to give details of any previous convictions, including spent convictions. If you have completed this document without declaring your previous conviction then you may be guilty of False Attestation once you join the Armed Forces. I recommend that you contact the recruiting section of your sponsor unit and discuss the matter with them. If you have not yet been to RCB then you may not have yet been asked to complete the 1109.

    Because the offence is spent, the Army cannot refuse you employment unless they can show that the offence has National Security implications. However, they could certainly fire you if they subsequently discover that you had not revealed something you should have.

    Most units should see a bit of experience like this as a bonus, though.

  7. Hi there, I have recently recieved 2 forms from RCB which have questions pertaining to a criminal record.

    I received the MOD 1109 form which is a security vetting form that asks for all the information regarding Spent and Unspent convictions and I will fill this inaccordingly with all the info. I was told this form was handled by the Defence Vetting Agency. I dare say my conviction is quite petty so I dont think im a security risk but we'll see...

    The other form that asks for conviction information is Form Rg-03 (Application form for a commsion in British Army) which asks you only to include the information relating to convictions that are unspent.
    My thinking from this, is that I have done what I am legally entitled to do by not disclosing the spent conviction.

    I have heard the arguments from my friends about the whole integrity issue, but if it is my legal right not to talk about the conviction at interview then I dont want to.

    APOS 8O

    (edited as the youth of today can't spell!)
  8. Follow the instructions on each form.
  9. The DVA will find out - they are not generally known to have a sense of humour about "forgotten" skeletons in closets...
  10. Just in reply to Horse Guard I fully intend to put in all the relevant information on the security form regarding the conviction.

    I don't want to mess this up - the Army is my dream job.

  11. Good. We had a recruit interviewed without coffee by the military vetting staff. Luckily he had the good sense to own up when asked and had omitted to follow the instructions on the forms correctly. If its recorded anywhere they will find out!
  12. Oh dear, are you ever in for one big disappointment!