Expert: Drew Wilmoth - 7/30/2009

Question
do you happen to know if an old drink driving conviction (12+ years old)would affect my ability to get a work permit - the conviction shows up on the police clearance certificate but it says its spent under the rehabilitation of offenders act. many thanks

Answer
All convictions must be disclosed on the work permit application along with the sentence imposed, regardless of how long ago the offense occurred. Since a police clearance is required, the offense will be disclosed to the Work Permit Board (or Business Plan Staffing Board) for consideration in granting of a permit.

The Board may refuse a permit based upon a history of a prior criminal conviction. Consideration is granted to how long ago the offense occurred, the seriousness of the offense (felony or misdemeanor), what steps the offender made to rehabilitate, and whether the offense is relevant to the job applied for. For example, a person with a prior conviction for a embezzlement would probably not be approved for a permit for any job within a bank, regardless of how long ago the offense occurred.  

Failure to disclose a prior conviction likely will result in criminal proceedings upon discovery of the non-disclosure. Punishment could include imprisonment, a fine, and likely deportation with a prohibition on reentry to the Cayman Islands.

You are much better off making the disclosure and letting the chips fall where they may as to the decision to grant a permit. Any documentation you can provide to support your rehabilitation could work in your favor. If you completed some sort of offender management program, attended AA meetings, or entered counseling then a letter from a program sponsor or counselor could show that you took the offense seriously and took steps to ensure it will not reoccur. Particular weight is given in general to letters from the clergy - both as a letter of reference and also as documentation of rehabilitation.

Finally, whether your offense would prevent you from having a work permit approved depends on the overall circumstances of your case.