Can a Dangerous Driving Conviction Affect Your Career or Employment?
A conviction for dangerous driving in Scotland can affect far more than your driving licence. A conviction can damage your criminal record, present career, and chances of getting a job in the future. Some companies will require you to declare convictions as part of the recruitment process, especially if the employment includes driving or interacting with vulnerable individuals.
In this article, we explain how a conviction for a driving offence could affect your employment prospects, when you are legally required to declare a conviction and how our team at SGT Law Firm can help you to protect your future.
Can a Dangerous Driving Conviction Affect Your Employer Relationship?
A dangerous driving offence is treated seriously in Scotland. If you are found guilty, the conviction could affect the relationship between you and your employer. This is especially true where your job involves driving or where you must hold a clean driving licence.
Other employers may consider a criminal conviction as detrimental to the organisation, especially if the offence was publicised or resulted in major injury. There are some instances in which an employer may try to demonstrate that the relationship of trust has broken, or that the action was detrimental to the business.
If your conviction affects your ability to do your job, your employer might check your contract of employment or may even dismiss you. Asking for early legal advice can assist to decrease the risk of loss of employment after conviction.
Do You Need to Disclose a Dangerous Driving Conviction?
Whether you need to disclose a conviction depends on the role and whether the conviction is spent. Under the Rehabilitation of Offenders Act 1974, some convictions become spent after a certain amount of time.
If the conviction is spent, you may not legally need to disclose it when applying for a job. There are exceptions for jobs exempt from the ROA, including some roles involving healthcare, teaching, law enforcement, and financial services.
A prospective employer may ask about spent and unspent convictions as part of the hiring process. You should always answer honestly where you legally need to disclose convictions.
How Can a Criminal Record Affect Applying for Jobs?
A dangerous driving conviction creates a criminal record. Many people with convictions worry about their job prospects and future employment after applying for jobs.
Some employers may carry out a disclosure or DBS check, although Scotland uses Disclosure Scotland rather than the system used in England and Wales. The type of job often determines the level of criminal record checks required.
Driving offences are often more serious where the role involves driving. A motor company or delivery organisation may refuse a job offer if the offence is relevant to the job.
Can a Driving Conviction Lead to Losing Your Job?
Yes, in some cases. If you drive as part of your job, a conviction may affect your current job. If your employer can ask about points on your licence or driving bans, then this may become part of your contract of employment.
For example, drink driving, dangerous driving, drug driving, driving without insurance, or driving under the influence could result in disciplinary action. Some employers may treat serious driving conduct as gross misconduct.
Your employer may also ask you to inform them immediately after a conviction or a driving ban. Failing to disclose any unspent convictions where required may create additional problems.
Does the Nature of the Offence Matter?
Yes. The nature of the offence matters greatly. Courts and employers tend to take dangerous driving more seriously than careless driving. A serious driving offence which causes injury, excessive speed or a prison sentence could weigh more heavily.
Drink-driving offences and drug-driving cases may also raise concerns about safety and reliability. Some employers may compare driving offences with other criminal offence categories, although dangerous driving is different from violent or sexual offences.
Many people with criminal records continue working successfully after a conviction. The outcome often depends on the employer, the role, and the facts of the case.
How Can SGT Law Firm Help?
We at SGT Law Firm know how stressful convictions and employment matters can become. Our solicitors provide practical legal advice to people facing dangerous driving allegations in Glasgow and throughout Scotland.
We aim to help our clients achieve the best outcome possible and protect their driving licence, career and reputation. Getting legal help early can help you avoid a driving ban or penalty points, or challenge the prosecution’s evidence.
If you are worried about how a conviction could affect your employment, contact our team today on 0141 266 0652. You can also learn more by visiting our Dangerous Driving Solicitor Glasgow page or speaking with our solicitors directly for guidance tailored to your case.