I have worked for a company for 31/2 years, and never been asked if I had a criminal record?
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I have worked for a company for 31/2 years, and never been asked if I had a criminal record?
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Now, I have to do an enhanced CRB check, as we are having young apprentices in. This will show that I have a criminal record for theft from employer ( even though I was not guilty),will I be sacked,even though they have never asked me beforew? I am an administrator
I know need to do an enhanced crb check.It will show theft from an employer,and I was convicted even though I was innocent.My company doesn't know this as they never asked. Will I get sacked?
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callumiain2000
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It's not good news, I'm sorry to say - your employer will, should they so choose, be perfectly at liberty to dismiss you on the basis that you failed to disclose a material fact relating to your suitability for employment and that the implied duty of mutual trust and confidence has been broken as a result.
Depending on how long ago the conviction was, and the sentence you received, it may be that the conviction was spent and you should google the Rehabilitation of Offenders Act to check out the dates. That being the case, you would not have a duty to disclose and any dismissal is going to be unfair.
Your choices appear to be either to come clean to your employers prior to the CRB result arriving or to lie low and let them come to you. Either way I hope it goes well for you. |
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James M
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First of all.The CRB will simply state the offence,the court and the sentence.It won't say who you stole from.
Secondly,check you contract of employment that was signed when you started at the company.You may be able to refuse if your contract of employment does not refer to a criminal record check, unless a change in legislation has made such a check mandatory.That might be dodgy as it looks if you have something to hide.
Best course of action is to be honest and put it down.I'd be amazed if you were to be sacked for it.I have 2 offences on my CRB and i have worked with young people for over 10yrs... |
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Timbo is here
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It will be up to them when they see the record. It has no relevance to why they are doing the checks so probably not as you have never sought to conceal it.
Got to say though if I was your employer at best I would put you in a position where you cannot steal. |
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durulz2000
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That's a good question.
It's very hard to say. The CRB check is to check if you have committed an offence that would put young people at risk being around you. Theft from an employer does not mean you are a risk to young people. So in that respect you have nothing to fear.
I think your wisest move would be to talk to your manager alone and make him aware of your concerns.
Since you were not asked for a criminal record by your employer then they can not sack you for that previous offence (it may even be subject to the rehabilitation of offenders act and not show up anyway). So you are OK there.
You really need to speak to your manager in confidence. I have no doubt that you will be OK employment-wise. But it may make your superiors suspicious of you. Ho hum. Best of luck.
Oh, need to clarify something. You say you were not guilty - did that go to court? If you were found not guilty in court then you do not have a criminal record and there's nothing to be worried about. If you were found guilty (depsite being innocent) then yes - you do have a criminal record. Agreeing to an official caution is also recorded.
And one last thing. All this advice is if you in the UK. If you are in the US then I have no idea at all. It's a completely different system. |
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xxx
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How long ago was this? Because it could've expired and you did say that you were found not guilty. So you won't have a record. |
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Jimchristopher
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Is it a felony offense? If not, you will be ok. You need to get a lawyer to get this expundge for you. its only about 250 dollars. |
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carswoody
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If you was found not guilty, then you do not have a criminal record. You have nothing to worry about. |
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