Legal Advice needed about criminal record + Job applications

[Mr.G]

I was convicted of drink driving back in 1997
DR10 - £150 fine – 18Month ban – 0 points

I was made redundant back in April 2009 and have since been applying for many jobs but when it comes to the “ Do you have a criminal record “ bit what do I do.

I realise some offensives have a period when they are considered spent. Is the above offence spent by now and even if it is spent do I still have a criminal record and have to declare it.

Any help will be greatly appreciated

 

[SeanJoyceStephensons]

The length of any rehabilitation period is dependant on the sentence imposed by the Court rather than the type of offence committed.

Under section 34(3) of the Road Traffic Offenders Act 1988 a conviction, for specified alcohol related driving offences, is relevant for sentencing for a period of 10 years. However, under the 1974 Act a conviction would be deemed spent after 5 years if a financial penalty was imposed by the Court in addition to the disqualification. Nonetheless you would still not be entitled to a clean driving licence until 11 years had lapsed from the alcohol related motoring conviction.

Your conviction is therefore spent under both the Road Traffic Offenders Act 1988 and the Rehabilitation of Offenders Act 1974. As such it need not be declared. If you are being CRB checked, however, you may be requested to opt out of the 1974 Act and to declare the conviction. This is between you and your employer.

 

[Mr.G]

Thank you very much for the quick reply.
So I do still have a criminal record but don’t don’t have to declare it unless I am asked to opt out of the 1974 Act.

Would a regular CRB check return I have a record? Or is it only if I’m asked to opt out of the 1974 Act. I have never had a check and don’t know if opting out is common.
Would a enhanced CRB check return I have a record?

I am sorry to ask questions you may have already covered but I don’t want to tick the “I have no record” box and then the employer finding I do and thinking I’m trying to hide it. I am not happy about a Drink Drive record but I would rather declare it up front than the employer thinking I’m trying to hide it.

 

[SeanJoyceStephensons]

It's not a question of opting out. The Rehabilitation of Offenders Act either applies, or it does not. You are entitled to assume that it does apply unless the question specifically says that it does not.

An enhanced CRB check will tend to reveal all convictions, even those that are spent.