Question:

When if at all is a criminal conviction spent?

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9 years ago i was convicted of possession of a very smell amount of Ecstasy. I know this will be on record for life but somebody told me that after 10 years it's a spent conviction and for most jobs you don't have to declare it.

Is this true that after a period of time I don't have to declare this on job applications?

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5 ANSWERS


  1. Courts do not destroy records.  However, many employers will ask only about recent history.  If someone asks if you have ever been convicted, the answer is yes and they can discover the truth.  


  2. In the UK a sentence of a fine is considered "spent" after 5 years.  Once a conviction is ‘spent’, the convicted person does not have to reveal it or admit its existence in most circumstances.  However, there are some exceptions relating to employment and these are listed in the Exceptions order to the Rehabilitiation of Offenders Act.  The two main exceptions relate to working with children or working with the elderly or sick people.  If a person wants to apply for a position that involves working with children or working with the elderly or sick people they are required to reveal all convictions, both spent and unspent.

    Hope that helps.


  3. Depends on the laws of your unknown country and/or State, and you didn't tell us where you are.

    EDIT - Under the UK "Rehabilitation of Offenders Act", a conviction that results only in a fine is spent after five years from the date of conviction.

    Even if an employer asks "Have you ever been convicted.....?" you can legally answer "no", and it is a violation of law for the employer to investigate spent convictions, or use them to make hiring decisions.

    Richard

  4. A spent crime in the Uk is a crime that is resolved as such. That you've payed your debt to society, ie your not on probation, your fine is payed etc.

  5. You don't have to tell everything.

    That is personal to you.  A job application is not

    a summary of your convictions.  The 2 are

    separate issues.  Right some places ask for

    a criminal check  Darn policies.....

    Call up the records office and find out if it's a spent

    conviction and get the info you want then you will know.

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