Arrested for drugs possession but not charged yet - do I disclose?

[mirageman]

Hi,

in the early hours of sunday morning last, I was walking back home from a friend's rolling a spliff. I was clocked by an unmarked police car who stopped and searched me. I was also carrying amounts of class A psychedelic drugs (acid, dmt, 2cb, 2ce) for personal consumption - I'm a ageing raver - which were discovered. I was arrested and the drugs sent away for testing. I've been told that I won't know whether I will be prosecuted for drugs possession or just given a caution until the end of november when I have to present myself at the station.

I work as an IT contractor in investment banking and have done for the last 10 years and just today was offered a new contract by a bank. I've been sent a 'criminal waiver' form by the agency with the following text: 'I xxxxx confirm that I have never been convicted of any criminal offence, and do not have a criminal record, and am not currently a party to any criminal investigation or proceeding either in England or any other jurisdiction.'

I am wondering what to do, as if I sign the form and don't disclose my under investigation status, I'm worried that a criminal record check will flag me up and the job offer will be withdrawn. On the other hand if I do disclose, the job offer could also be withdrawn.

Can anyone give me some advice as to what to do? And what if I do end up with a possession conviction - will I ever be able to get a job in the industry again? How rigorous are organisations with their criminal reference checking and how much of a deal is a drugs possession charge? I'm worried about discussing the situation with the recruitment agent, as that may jepodise my relationship with them too.

Many thanks!

[RedTag]

Relax. Don't disclose - no check will pick this up unless you are convicted.

If you have never had a previous conviction (for any offense including driving related) you'll get off without a conviction but expect a very hefty fine.

Sorry to now sound mean, but seriously - walking down the street smoking a joint? What sort of idiot are you?

[TheFaQQer]

I'm impressed that you can walk and roll a joint at the same time.

Assuming this isn't a wind-up, if you sign the form knowing that you are party to a criminal investigation and they find out, then they could terminate the contract with immediate effect with no notice. There is also a chance that the agency could sue you personally for the loss of revenue from the contract because it's essentially fraud.

IANAL.

[BrilloPad]

Relax. Don't disclose - no check will pick this up unless you are convicted.

If you have never had a previous conviction (for any offense including driving related) you'll get off without a conviction but expect a very hefty fine.

Sorry to now sound mean, but seriously - walking down the street smoking a joint? What sort of idiot are you?

WHS

[BolshieBastard]

Relax. Don't disclose - no check will pick this up unless you are convicted.

If you have never had a previous conviction (for any offense including driving related) you'll get off without a conviction but expect a very hefty fine.

Sorry to now sound mean, but seriously - walking down the street smoking a joint? What sort of idiot are you?

Rubbish! He's ****ed! Stuff such as this is kept off PNC and is referred to as 'Police information' records.

And if he's fined, he will have a record albeit not a criminal record.

[Zippy]

I don't think they can find out that you are under investigation but if you sign the waiver knowing you are then you could be in trouble.
You might have got away with a joint but doubt you will for the class A stuff.

[BrilloPad]

Rubbish! He's ****ed! Stuff such as this is kept off PNC and is referred to as 'Police information' records.

And if he's fined, he will have a record albeit not a criminal record.

I never declare my past offences. No-one has ever found out about them : yet........

[HairyArsedBloke]

Last year I had an opportunity of some extra consultancy overseas (it never happened in the end) that needed a police check to get the work permit. However, the UK police don’t issue them so I had to get an affidavit signed by a solicitor where I swear that I don’t have any criminal convictions etc.

My point being that the ‘criminal waiver’ document is just the same. As far as I know there is no legitimate way to get this verified unless it is one of those checks for specific jobs that involve vulnerable people or require security clearance. The banks or any other commercial entity don’t have access.

However, I am open to correction on this.

[mirageman]

Firstly, thanks for all your replies. Alas this is no wind up...

Just to clarify things, I have no previous convictions, but a previous caution from about 7 years ago.

Sorry to now sound mean, but seriously - walking down the street smoking a joint? What sort of idiot are you?

Well it was a deserted suburban street at about 4am...

Rubbish! He's ****ed! Stuff such as this is kept off PNC and is referred to as 'Police information' records.

Could you expand on this? If I haven't been charged yet then I won't have a criminal record, so surely a check wouldn't flag this.

My point being that the ‘criminal waiver’ document is just the same. As far as I know there is no legitimate way to get this verified unless it is one of those checks for specific jobs that involve vulnerable people or require security clearance. The banks or any other commercial entity don’t have access.

However, I am open to correction on this.

Can anyone confirm the veracity of this?

Btw, here's a link to an interesting article called LSD: The Geek's Wonder Drug

http://www.miqel.com/entheogens/psyc...d_revival.html

Furthermore, apparently Francis Crick admitted before his death that he took LSD whilst doing his pioneering research on the structure of DNA... I've certainly found it's helped my problem solving abilities in the past.

The law is an arse with respect to psychedelic drugs, imho.

[Mr.Whippy]

Well it was a deserted suburban street at about 4am...

Oh that makes it totally OK then......

I've certainly found it's helped my problem solving abilities in the past.

Then maybe instead of coming here you should've lit one up to solve this particular problem?