Is it ethical or are you flogging a dead horse?

Lying can put a strain on everything right from the word go. You will be nipping and tucking every misshaped statement to cover the non-existent excuses until it becomes a farce, matched only by the French classics of the late 19th century. Hark! I hear you shout. What is he going on about?

I am referring to the fine line that many people play around when it comes to disclosing personal information about themselves. You may be in a good job with good prospects but at the back of your mind lies a doubt. Before applying for your current position you had a run in with a drunken lout outside a pub one night. It wasn't your fault but you got into a fight and he ended up in hospital leaving you with a charge of GBH. Your life before and since has been a picture of perfection as you ride up the corporate ladder. Success is so good that you don't mention the conviction when you are asked.

A persons past invariably affects that persons future. A failed education can restrict a persons ability to move on when potential employers are looking for good GCSE's as opposed to bad trips on LSD. Civil actions and criminal records can restrict people in getting the job that they want.

Its Monday morning and back to work after another non-eventful weekend. You meet the same faces with the added excitement of meeting possibly new ones. Cup of coffee to start the day and you have your banter ready for the go. But your mate, who normally gets in before you, isn't at his desk. The steam from the hot coffee and the skewed chair tells you he is about. But where? You think nothing more and carry on with your chores for the day. A few minutes tick by and a shadow draws over your desk from the other side, where your missing colleague normally sits. But he is missing no more. He is accompanied, not by the sexy PA but by the security man from downstairs, about to escort him out of the building.

This scene has been played out in many offices around the world. Obvious ways of losing your job includes, head butting the boss for no good reason, being drunk and abusive towards colleagues, discriminating against colleagues, and basically breaking the terms of your contract.

Disclosure

But having a court conviction on your records may also hinder your choice of career. When applying for a job, it is usual to fill out an application form, for the process of selection. It is now becoming more usual for application forms to end with a question, which asks if you have been convicted of anything in a court.

If the form asks for details about criminal convictions, only then you are not required to disclose any civil matters that may have involved you in the county court, for example.

If you do have a criminal record and do not disclose it, then if your were to accept the job and your employer found out about your conviction, then your employer may be justified in disciplining you or dismissing you. It is likely that they would consider the seriousness of the offence both in making any decision to offer the job and subsequently should you not disclose this and they were to find out about it later.

It can be at the least embarrassing and the most severe financially crippling, if you lose your job after your employer finds out you had a past criminal record which you did not declare on your application form.

Criminal Records

In the U.K., Criminal Records are not accessible, save in certain circumstances covered by statute, i.e. Persons applying for a job involving the care of a child or young person.

But other than those jobs, all people who have been asked must really tell the truth.

Before considering lying on your application form, think about what you did and what you are doing and for whom. Without trying to sound preachy, the merits of lying are obvious. Not very good.

Think about the seriousness of the conviction. Was it serious? was it something or nothing?, was it civil or criminal?, was it violent?, was it blue or white collar crime? Because, you may be surprised at the potential employers reaction.

If you are applying for a Sales job but have been convicted before for driving offences, then an explanation would more than likely suffice. A new employer may empathise with the situation and not give it the importance that you may have given. Things would be considerably different if however, you added that you were drinking at the same time and knocked over a pedestrian.

Legislation

An important difference to highlight is the different ways criminal convictions and criminal records are dealt with. Under the Rehabilitation of Offenders Act 1974 criminal convictions can become 'spent' or 'ignored' after a rehabilitation period, and people do not have to disclose them when applying for most jobs, insurance etc. However, the criminal record remains - it will not be deleted once convictions become spent. Therefore criminal records, including records of cautions, may be disclosed during police checks.

Jobs that definitely will not accept an applicant with a criminal record

Police

Depending on the seriousness of the crime, some criminal records won't stop you joining the police. But for most serious cases you will probably be disqualified. In the end, your chances of joining the police force, if you have a police record, are at the discretion of the Chief Constable of your chosen force, who will review your case.

Working with children

A very sensitive area at the moment for anyone with any kind of record. Because of the nature of this vocational area, you will probably be subject to a police check. You will be asked to complete a form to confirm that you have no criminal convictions, which might prevent you working with children and vulnerable people.

Teacher

Rather like the previous, teachers work primarily with children, and so police checks might be appropriate according to the sort of school you teach in.

Financial Institution Employee

Banks are quite strict about who they employ. Even after a successful job interview, the bank will check your credit rating, to see if you have had any financial problems in the past. The criteria used will not be the same as if you were trying to purchase a financial product, but your finances should illustrate your ability to manage your own money as well as customers. If you have been or are bankrupt or been guilty of criminal convictions, then it is likely you will not be offered a job. Customers expect trust from their financial institutions, therefore any question marks up on your ability to deliver that trust, will be looked at negatively.