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Remus2004
Remus2004, Advocate
Category: Employment Law
Satisfied Customers: 70416
Experience:  I am a barrister
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Approx 5 years ago I was accused of steeling money from

Resolved Question:

Hi, Approx 5 years ago I was accused of steeling money from a vulnerable adult. It was completely untrue but the police made a mess of the investigation and I ended up in court. On the first day of court the judge through it out as half the evidence wasn't there and it was impossible for me to be proved guilty or indeed myself to prove my innocent.
Some files had been destroyed by the police and it was deemed an error on the part of the inspector in charge
What I would like to know would this information show on an enhanced DBS ??
If is would can I dispute it ?? I was innocent and non of this was within my control ?
Thank you
Submitted: 1 year ago.
Category: Employment Law
Expert:  Remus2004 replied 1 year ago.
Is the entry written to reveal that you were acquitted?
Customer: replied 1 year ago.
I am not 100% sure.
We were stood in court and once it was revealed that the information had been distoyed the judge dismissed everyone. I was so upset by the whole thing I don't really remember.
Expert:  Remus2004 replied 1 year ago.
You can find out what information is held upon you by making a SAR at any police station.This will be on your PNC and maybe on your enhanced DBS if deemed relevant to the application you are making.It should be written in a way that makes clear that the allegation was tested and not found compelling.
Expert:  Remus2004 replied 1 year ago.
If it is not then you can apply for that to be remedied under the DPA.You can also ask the police not to reveal it on DBS checking. That is not really realistic though I'm afraid. Many people do ask, receive a refusal and then judicially review the decision. That is expensive to do and has a low chance of success but it can be the only chance of some people.
Customer: replied 1 year ago.
So there is a strong chance that this information will be added to an enhanced DBS application ?
Expert:  Remus2004 replied 1 year ago.
Yes, the chances they would not add it are low.The police tend to be risk adverse.
Customer: replied 1 year ago.
If I was acquitted would that also show ? If not a convicted could an employer still refuse it as not clean ?
Expert:  Remus2004 replied 1 year ago.
Yes, it should be written in a way that reveals you were acquitted.An employer shouldn't take notice of it but we all know the reality.I would resign yourself to having to explain it.
Expert:  Remus2004 replied 1 year ago.
If you can offer a reasonable explanation then it should not have any impact.
Customer: replied 1 year ago.
Ok
My barrister advised I officially complained to the police for their blunder at the time but I was just so upset by the whole episode I didn't bother. Now I wonder if I should. Hindsight a wonderful thing
Expert:  Remus2004 replied 1 year ago.
You can do that but I woudn't suggest it. Some people have different views but there are two issues here. The first is that they didn't blunder. That is all a load of nonsense. They received an allegation which had to be investigated. They might well not have wanted to make a decision that was difficult but that is a different matter. The second is that even if they had made a firm decision and sat upon it the allegation would still show on your DBS. Also, it is never a good idea to make complaints in my experience. It just creates a motive for people to want to act against you.
Customer: replied 1 year ago.
I think you misunderstand me. The police admitted to distroying relevant paperwork by mistake.
The papers destroyed where over three years old and an email was sent to the investigating officer to ask if they could be destroyed. The officer did not respond to the email so they were disposed of. The case file produced had half the information missing including vital receipts that could have proved my innocence. I did receive an apology from the police force for their mistake.
Expert:  Remus2004 replied 1 year ago.
Well, either way, it would still be on your DBS.I wouldn't press the issue beyond an apology. It is not going to get better than an apology.
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