Criminal record - Not declaring when job hunting

[StouferCat]

I was very stupid a few years ago, ended up in court and ended up with a criminal record. This was 3 years ago and the record doesn't become spent for the next 2 years.
For the past 15 months I've been working for an employer who was aware of my record, however I was recently made redundant and I'm now job seeking once more.
I never apply for work that would require a DBS check. I am also very aware that I only have to declare my criminal record if I am asked. I'm obviously not going to tell somebody something that has every chance of destroying a job opportunity unless I have to.

I am aware of the "fraud by misrepresentation" offence. That if I were to be asked, and I lied, I could find myself in a lot of trouble (although lets be honest - nine times out of ten if found out I'd probably just be fired).
What is the situation with recruitment agencies?
If for example the following were to happen:
Recruitment agency forward my CV and I'm offered an interview.
Agency then ask me to fill in some forms for them (not potential employer) and I lie on this form, say no to criminal records
I have interview at potential employer, they like me, they offer me a job but never ask me about criminal records.

Am I still open to the same potential charges in the future? Even though a recruitment agency has "put me forward" am I obliged to tell them about my criminal record as they are not going to be my employer, ever.

I'm trying to maximise my chance of getting back into work as soon as possible. One agency who asked, I was honest, they now will not deal with me. Another agency I was honest, they said I could remain on their books.
Another I wrote "willing to discuss with potential employer" in the fields - never heard from them regarding that.

Thanks all.

[des8]

Re: Criminal record - Not declaring when job hunting

Hi and welcome

As the recruiters are agents of potential employers, you should deal with them as if they are the employer themselves.
Not to do so would leave you open as you mention to litigation for misrepresentation/ breach of contract

Just a word of warning, altho' you may not be asked about convictions either in the interview or on the application form, do read your contract as it may well feature there as a requirement to disclose criminal convictions.

Good luck in your search

[StouferCat]

Re: Criminal record - Not declaring when job hunting

Thank you for your response.
It's all a balancing act for me at the moment - deciding what to say and when and....
However, thanks for clarifying the issue with the recruitment agency.

[warwick65]

Re: Criminal record - Not declaring when job hunting

Hi

I assume you have looked at the most up to date Rehabilitation of offenders act because time limits fell during the coalition thanks to Ken Clarke who was Justice Secretary. It is a difficult decision but most people would urge you to be honest if asked the question. At least then you don't have to worry then.

Will you old boss give you a reference? That, if included with an application may help.

It is sad that many employers will look for any excuse to put an application on the no pile when doing the initial sift