I have a spent conviction – should I disclose it in job applications?
More than five years ago I incurred a criminal conviction that, understandably, made applying for jobs exceptionally difficult. It was not a dishonesty offence, or anything that would be problematic for the sort of jobs I have gone for. When it happened I was in my first job and I was dismissed for gross misconduct as a result of my arrest. (It was nothing I did at work, but my employer considered it gross misconduct outside of work.)
Eventually I found another job. I have since been promoted with the same employer, but there are few prospects of progression and I am still on relatively low pay. My conviction is now spent and I am no longer required to disclose it unless specifically asked for spent convictions – none of the jobs that I want to apply for ask that.
However, most applications do ask if I have ever been dismissed or subject to disciplinary action. I feel I cannot explain my dismissal five years ago without going into the conviction, which I am not required to do.
This is putting me off applying for jobs that would pay more, provide more stimulation and that I would be really good at.
I feel my options are to either lie on applications and say no to the question about dismissal, or to be honest and go into far more detail than is required.
I have just completed an application and declared that I was dismissed, but am unsure how to handle it if asked about it later. I am also unsure what to do with future applications.
Is there a third option I have not considered?
Jeremy says
Yes, I think there is a third option. Or rather, there is a different version of one option – but it’s not without risk and I wouldn’t blame you at all if you rejected it out of hand.
Since the day you incurred a criminal conviction and were then dismissed from your job for gross misconduct, you’ve been hoping that somehow you could wish it all away. You can’t.
Although your conviction is now spent, the truth remains, and always will: you were once convicted of a criminal offence. If asked by a potential employer if you have ever been dismissed, or subject to disciplinary action, you face a painful choice: to admit to that truth, or lie.
The word I want you to think about is “admit”. I can absolutely understand that your every instinct is to dodge the issue and to hope that the question never comes up. But when it does, and you know that to be probable, you’ll be doubly condemned – first, for having committed the offence, and then for having done all you could to conceal the fact. It’s my belief that any attempt at a cover-up will raise greater doubts about your character than an offence committed more than five years ago and when you were straight out of university. It will be seen as evidence that you haven’t changed.
What I suggest you seriously consider is this: discard the lying option. You know it’s morally wrong, it would make you extremely uncomfortable, and it would almost certainly come back and bite you at some point in your life. Instead, rather than reluctantly admitting the truth when challenged, volunteer the truth from the beginning.
At the start of every covering letter, spell out precisely what happened five years ago. Explain, being ultra-careful not to seem to be looking for sympathy, how entirely understandably this has hampered your career and that you blame nobody but yourself. State that you believe you have a lot to offer and would be extremely grateful for the chance to make your case.
Of course this is a risk, though not, I think, as much as might at first appear. And you’ll feel wonderfully liberated.
Readers say
• I’d go with honesty. Why would you want to work with someone who would judge you if they found out. Also, you don’t want a secret around your neck for the whole time you’re working there. Good luck. SirDogsy
• Just lie. How would they know you were dismissed if you don’t provide the employer you were sacked from as a reference? AnonCoward001
• Do not lie. Unless the first job is relevant to the jobs you are now applying for, I’d leave it off completely. Even if it is, I’d suggest your past five years are more relevant and I’d also be tempted to leave it off an application. Nicholas Hallward
• Say “no” to the question about dismissal. There are some risks that you really have to take in life and your career, and this is one of them. Consider every single wildly successful person, especially famous corporate people and politicians. Skilful lying is a part of their everyday life. They know better than to hurt themselves over a single question on an application. And if you are applying for a job you really want and know you could make a success of, remember the old saying: it is better to beg for forgiveness later than ask permission first. Don’t be a doormat. bcarey
Give me my money back! How do I get a firm to pay interview expenses?
When I applied for a position in Northern Ireland the company made it clear that it would pay travel expenses (up to a specified sum).
It is now eight weeks since the interview and I have neither heard the result, nor have my expenses been reimbursed. My numerous emails and calls, which have mostly gone to voicemail, are simply ignored. I am presuming that the result of the interview is a no, based solely on the presumption that if it wanted me it would have been in contact by now. I have no income so really do need the money.
Not hearing back from interviews is, in my experience, increasingly common. It is at best impolite, and at worst unprofessional, when someone has invested a day of their time and perhaps half a tank of petrol in exploring a potential career with the company.
How, when job hunting, can you guard against this, and what is the best strategy for dealing with it?
Jeremy says
The cruel truth is that there is no way you can guard against this happening. You should persist with your claims and, if you have the company’s written commitment to pay travel expenses up to a certain amount, threaten it with legal action. Apart from that, be grateful that you weren’t offered a job with such a ramshackle outfit.
Readers say
• Send an invoice to the accounts dept, if possible by email as well as post. They could be hoping you give up and to hide behind the excuse “but we never received an invoice”. Deal with the issue of feedback separately. Porthos
• Applicants should ask for reimbursement before leaving the location of the interview. Feedback is unlikely to be earlier than the designation of a successful candidate or a decision to re-advertise. Tiberman
• You are being a little timid. As you say, they clearly don’t want you. Name and shame them. Twitter is supposed to be a good platform for doing that – embarrass them publicly. Jan Jarvis
Do you need advice on a work issue? For Jeremy’s and readers’ help, send a brief email to dear.jeremy@theguardian.com. Please note that he is unable to answer questions of a legal nature or to reply personally.
