• Character and antecedents verification

Hello, I am a non-resident Indian currently living in Spain since 4 years. In 2019, i was convicted for using a bank card that I found on a road and asked to pay a fine as a punishment. Although the case was closed, I could not cancel the criminal antecedent because of the time frame established by the spanish law (2 years). Recently, i have been selected for a teaching position in a central government institution. I have not got my offer letter yet but i was told that all employees should submit a character and antecedents verification form. I have seen the form online and it requires mentioning of all the places that we have resided preceding 5 years and criminal convictions, etc if any. So, my question is do i need to be honest and mention my previous record? If yes, will this decrease the probability of me getting hired by the government? If I don´t mention this, can the government agencies (e.g. intelligence bureau) find out and cancel my appointment? Either ways, this is going to affect my career but which one should i choose with minimum damage? Thank you all for the kind responses.
Asked 3 years ago in Labour

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10 Answers

The Indian government wouldn't check with the spanish agencies as they would have deported you if you had been involved in a major criminal case.

A fine was asked to pay and hence it is not a big issue.

You should tell the authorities about the fine. 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Hello, 

  1. It is advisable to be honest and mention the conviction record as being dishonest by concealment and a finding by the employer would lead to further damage. 
  2. The record, in itself may not decrease the probability of you being hired by the government as it is a one of instance and does not fall in the bracket of a very serious offence that can be potentially detrimental to the assignment and the trust to be reposed in you as a teacher. 

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

 

1.     Commission of any offence that involves moral turpitude disqualifies a candidate for Government job. Using a card you are not authorized is economic offence and involves moral turpitude.   

2.     Any concealment of conviction amounts suppression of material fact. It is not even possible hide any conviction as all conviction uploaded on line.

But if after two years the record of conviction is destroyed, you can take a chance by not disclosing conviction as after two years records will be wiped out.  

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

Dear sir, 

Like you mentioned in the last line, "Either ways this is going to affect my career," then the best choice would be to be upfront about it and honesty may get paid off instead of not disclosing it and the employer finding it out later on during the scrutiny process. As such these days, the trend is that every shortlisted applicant's background check's responsibility is given to an agency and they go into all the possible public records. So, please be honest about it and maybe they will overlook the same based on your other credentials. 

 

Hope this helps.  

Sanjay Narayandas
Advocate, Hyderabad
103 Answers

5.0 on 5.0

You may have to disclose the details of the previous criminal case filed against you even though it was disposed,  since it is falling within last five years.  

Even though the disclosure may attract adverse impact to your ensuing employment opportunity,  you cannot suppress the information which is material to the selection of your candidature. 

Don't do any mistake by any hasty decision because it may spoil your future career too.

 

T Kalaiselvan
Advocate, Vellore
84973 Answers
2204 Consultations

5.0 on 5.0

If you don't mention and later they find the same leads to supression of material facts. 

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

You should not suppress any material facts 

 

2) if you have criminal antecedents it does decrease probability of being hired by govt 

 

3) your antecedents are certified before you are employed 

Ajay Sethi
Advocate, Mumbai
94772 Answers
7543 Consultations

5.0 on 5.0

As it is said "honesty is the best policy", I suggest you should be true and honest while mentioning your previous record. Because once it is revealed otherwise at a later stage that will be even more detrimental and could sabotage your career completely. Needless to say that you might also be booked for other offences as per law in that circumstances. So, just be honest and all the best!

Abhinav Srivastava
Advocate, New Delhi
33 Answers
1 Consultation

5.0 on 5.0

Dear Sir,

1) You should mention all true details about you past antecedents as hiding them will amount to hiding material facts.

2) The govt will consider your submission and the same may have some effect on your selection.

3) The govt cross checks your submission and thus if you hide material fact, which gets discovered later, it might damage your career more.

Thank you

Anik Miu
Advocate, Bangalore
8918 Answers
110 Consultations

4.7 on 5.0

1. The has been a criminal charge and punishment recorded against you in Spain.

 

2. If you disclose the above fact, you are not likely to be selected for a Govt. job in India.

 

3.If you get a  Govt. job in India it may not be likely that the Govt. of India will check your record in Spain unless the job is connected with National Security.

 

4. If you get a Govt job and later on the Govt. comes to know that  you have suppressed the fact, then you shall be terminated.

 

5. Based on the above, you shall have to take decision accordingly.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

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