SC and spent convictions?

**cojak** · 24 April 2023, 07:09

Plutocrat’s reply:

I'm 100% sure that if you put it down and are totally honest about it if they ask questions, you'll be fine. Criminal convictions committed under the age of 18 are viewed differently from adult ones especially if you have not had any as adult.

Mal’s reply:

The answer is nobody knows, it's a risk assessment when you (and we) don't know the risks being assessed. All you can do is tell the truth in full and answer all the questions honestly (and they allow for your criminal record to be included discretely).

Put it another way. They will know about your record, if you don't tell them you will fail immediately. Think about what it is they are testing...

Thanks to both.

**vwdan** · 24 April 2023, 09:37

I got SC with a spent conviction. From memory (and I might be confusing a different check), I think based on the wording of the question I didn't need to declare it but I opted to do so in the interests of transparency.

Technically, mine was a 'driving conviction', but was quite serious and went to crown court. My understanding is that dishonesty offences could be much more problematic (Theft, fraud, etc) than even fairly serious violence.

**Gibbon** · 24 April 2023, 12:09

To try and reassure the OP; a friend of mine had a conviction for something similar (whilst a full blown adult > 30)and has never been declined not that he's told me but I know the projects he is working on.

**gthomas** · 22 June 2023, 17:47

Originally posted by cojak View Post

A poster has recently posted this and Mal suggested that a sticky be put up as it is often asked. Unfortunately the thread has been mangled and so I’m putting up the question and answers again.

People tend to think that their own situation is unique, because it was huge to them - they are worried and stressed (and possibly a little ashamed) that something that happened in their youth will come back to haunt them. I completely understand this.

I hope that reading this will give them some comfort to continue with their SC application.

Replies below.

My friend is worried that he may lose his job because he didn’t declare a motoring conviction (drunk drive) for years on his SC because he thought it was a just a normal motoring offence like speeding or parking fine. He now knows he has to declare it and believes he will lose his job and clearance for declaring so late even though his company has people working there with records? Does anyone know if this is the case?

**Lance** · 24 June 2023, 09:06

Originally posted by gthomas View Post

My friend is worried that he may lose his job because he didn’t declare a motoring conviction (drunk drive) for years on his SC because he thought it was a just a normal motoring offence like speeding or parking fine. He now knows he has to declare it and believes he will lose his job and clearance for declaring so late even though his company has people working there with records? Does anyone know if this is the case?

there is no way to know in advance...

Although if it was me, and I had got SC without declaring it, I would stay schtum.
At the moment there is plausible deniability.

Perhaps declare it at renewal time, but don't rock the boat.

**malvolio** · 24 June 2023, 09:51

Originally posted by Lance View Post

there is no way to know in advance...

Although if it was me, and I had got SC without declaring it, I would stay schtum.
At the moment there is plausible deniability.

Perhaps declare it at renewal time, but don't rock the boat.

Hmmm... Not declaring is a breach of the OSA, which would be instant dismissal if they find out (which they may well do: clearances are kept under review, it's not a one and done). However it depends if this is a Ministry clearance or a commercial one, the latter being rather less rigorous on the whole (one reason why you get re-vetted if you have one and then join a Department, corporate clearances are not held in high regard)

Your (their) safest option would be to fess up now and explain why. They are testing for honesty and integrity after all...

**Mephisto** · 5 July 2023, 19:26

Over the years the consensus here and elsewhere has been that it's about honesty and not necessarily the crime. Also it's likely complex, involving consultation with the police, probation, prison etc. if applicable. Wasn't it on the original thread some serious bird serving convictions had got through SC and possibly DV?

There will always be certain offences that will make it near impossible, such as a convicted terrorist trying to secure CTC, but as said I don't think it's an auto no in a lot of other circumstances, unless you hide things that then come to light.

**scarednewbie** · 11 September 2023, 09:09

Hello there,

Long Term Lurker First time Poster. Firstly, I am glad I have come across this thread as it has helped me reduce some anxiety over the court case that I am dealing with.

I am 27 years old and I am on the Autism Spectrum.

Essentially, in 2 weeks time, I have to attend court in Scotland for a breach of the peace (Section 38) where it is likely I will get a court fine as my conviction. AFAIK, the court fine then gets spent in 12 months according to this: https://www.gov.scot/publications/di...-1974/pages/1/

My question is that, since I am working in the private sector and I managed to clear the DBS in order to get access to one of the systems as an IT Administrator, would I need to declare this to my employer given that it will get spent in 12 months.

Also, I managed to SC in the past working on a public sector project but working in private sector, would the court fine from Breach of Peace Scotland affect my chances of getting SC or even DV?

Many Thanks in Advance. Peace

**SueEllen** · 11 September 2023, 15:59

Originally posted by scarednewbie View Post

Hello there,

Long Term Lurker First time Poster. Firstly, I am glad I have come across this thread as it has helped me reduce some anxiety over the court case that I am dealing with.

I am 27 years old and I am on the Autism Spectrum.

Essentially, in 2 weeks time, I have to attend court in Scotland for a breach of the peace (Section 38) where it is likely I will get a court fine as my conviction. AFAIK, the court fine then gets spent in 12 months according to this: https://www.gov.scot/publications/di...-1974/pages/1/

My question is that, since I am working in the private sector and I managed to clear the DBS in order to get access to one of the systems as an IT Administrator, would I need to declare this to my employer given that it will get spent in 12 months.

Nobody can answer your questions as it depends on what the individual organisations are looking for.

So for example I've had enhanced DBS checks to work and volunteer with children. The individual organisations weren't interested if I had convictions for theft but would have unlikely to employ/let me volunteer as they have plenty of people without convictions who would have been able to do those roles.

I've had enhanced DBS checks to volunteer with vulnerable people and if I had any convictions at all I would not have been allowed to due to the nature of the volunteering.

Originally posted by scarednewbie View Post

I have had standard DBS checks to check for criminal convictions and depending on the nature of the criminal convictions I would be allowed to do certain roles.

Also, I managed to SC in the past working on a public sector project but working in private sector, would the court fine from Breach of Peace Scotland affect my chances of getting SC or even DV?

Just declare it. If the individual organisation aren't bothered they will clear you.

SC and spent convictions?