Spent Convictions

Discussion in 'Join the Army - Regular Soldier Recruitment' started by ne79, Jul 1, 2009.

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  1. Hello, could I get some advice about spent convictions?

    I have spend convictions for possession of a class B drug and a couple of other silly things which I am ashamed of but I wondered, I understand I do not need to declare these on my application under the rehabilitation act, but what about any security checks? (for example like the navy and RAF do) is it the same in the Army?

  2. You mention 'spent' that doesnt say how many, and you also havent mentioned what the sentence(s) were as it does have a bearing on it :)
  3. Declare the lot - honesty will get you further than hiding it and getting caught. Tell the ACIO up front and they will be able to advise you best.

    On some security checks you will also have to declare cautions as well as spent convictions.
  4. Mr_Fingerz

    Mr_Fingerz LE Book Reviewer

    You also need to understand that although your convictions may be "spent" under the terms of "The Rehabilitation of Offenders Act" you might still have to declare them. There are some exemptions under the Act which benefit the employer rather than you.

    If you are thinking for applying for any of the more esoteric capbadges that require security clearances, ie those that enable your autonomic bodily functions to do just that without being told, then be prepared for some very probing questions about everything from the number of credit cards that you have (and how much you have on them), to the names of your weird aunt's cats (the ones called "Osama" and "Stalin" will be the most problematic). A caution for "class B possesion" will be the least of your problems.
  5. Hi, thanks for the replies,

    Well, my convictions are mainly these

    Possession of a class B (cannabis) – Community Service (over 5 years ago)
    Possession of a class B (warning)

    Obtaining money by deception (I wrote some cheques out of my own bank account and they bounced and I got in a bit of trouble for that) I was sent to prison for 6 weeks (I would have got a huge fine otherwise and I just could not afford it)

    Couple of thefts (shop lifting) (fines)

    Now before I get a reply saying “scum”! yes I know I was at the time… I had a bit of a bump in the road but it is all behind me now, I am just hoping it will not affect my future.

    I am looking at joining the royal engineers.

    All the above convictions are spent, but as pointed out I am not sure if I will need to have a security check will then cause me problems.
  6. Mr_Fingerz

    Mr_Fingerz LE Book Reviewer

    Get yourself down to the ACIO, talk to your recruiter, and be totally honest towards them.
  7. I will do that tomorrow,

  8. On the surface if they are all spent then you would be fine.

    However to work out if they are all spent you need to go back to the first conviction, if you receive a conviction whilst you are already serving a rehabilitation period then you automatically get 2 convictions that have a rehabilitation that lasts until the second conviction now becomes spent.

    Given that amount of convictions you have as a recruiter i would work it out on a matrix to be sure.

    Fines are 5 year rehab periods
    Community service lasts the length of the order or 12 months whichever is longer
    Prison for 6 weeks is 5 years

    As an example if you received a fine in July 2000 and were over 18 at the time then the rehab period would run until July 2005.

    If you reoffended and received another fine (or 6 weeks prison) in January 2005 then the rehabilitation period runs until January 2010 and you would then have 2 unspent convictions and so on and so forth.

    Also by the time you get in (if you are ok to apply that is) the Army will get your full history, a change has been made to the system whereby prior to enlistment, the office applies through the Disclosures offices for your criminal record (specifically to check for unspent convictions prior to enlistment).

    That is due to start in the next few weeks, so as mentioned, it would be better to explain it all to a recruiter and get them to give you a definite answer.
  9. When i first visited my AFCO I told my recruiter straight away that I had 3 spent convictions all for the same thing. He asked me what they were for, then when i told him he just said "If they're spent I don't need to know about them."
  10. Thanks for that,

    I have taken the time from the last conviction (prison) and it has been over 5 years now so are spent (im 30 you see and this was all then I was quite young and stupid)

    Like you say, there is no harm in saying so I will mention it to them and take it from there. Hope its ok!
  11. From what you have told me, i wouldnt, not because you are trying to hide anything but because they do not need to know.

    If you go for a security cleared job then for obvious reasons you will need to disclose them, but in terms of recruiting they cannot be held against you as such.

    When you apply, if you apply for Police or Medical services then from the onset you need to declare them on your MOD Form 493 (rehabilitation declaration).

    You shouldnt worry about it though as it should not affect you :)
  12. Not meaning to be negative here, but I doubt you could join any police forces- including the RMP if you have served a suspended sentence, had community service, and definately for serving a custodial sentence.

    Im sure for most other capbadges you will be fine.
  13. noticed above that you mentioned RAF, they wont touch you mate, even though the convictions are spent theyl not let you in. although spent convictions dont have to be admitted to, they do ask and they do the searches for them. I put in my re-trade from RAF Reg to RAF Police and then found out my 'mate' had been pestering the misses when i was away, so i ended up with a small court fine, paid on the day. RAF wont touch me with a bargepole for Police until 5 years, and iv been told its a non starter even then.
    Army will look at it and i hear that aslong as they are spent, theyl accept you if you have under 5 convictions.

    its a non starter for any police force wether it be civvy or not. But dont give in mate, if thats what you want to go for, you should try. All the best :)
  14. ne79 here is the answer verbatim and by the book for an application concerning crime ;

    If you wish to know if you are eligible to join the British Army with a criminal record, please obtain a printout of your criminal convictions sheet (you can obtain this from your local Magistrates offices). If you take this with you to your local Army careers Office, an advisor will be able to assess your eligibility.
    I have attached the Rehabilitation of offenders act for your information.