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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Please could you let me know whether spent convictions will

Resolved Question:

Please could you let me know whether 'spent' convictions will show on a standard DRB check. The conviction in question is an ABH from 1999 when my son was 17years old.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thanks for your question.

tdlawyer :

My name isXXXXX can answer this for you.

Customer:

Looking forward to your answer

tdlawyer :

Spent convictions ARE revealed on a standard DBS check.

tdlawyer :

They are obviously shown as being spent, but reference to them is still made.

tdlawyer :

It is possible sometimes, although difficult to do, to get spent convictions removed if you can show the police that they have no relevance at all anymore.

tdlawyer :

To be honest, whilst I know the opportunity to use such a procedure exists, I've never personally known it to succeed.

tdlawyer :

There is more scope of challenge inclusion of information on an enhanced certificate, but that's a different issue to the one you raised.

Customer:

So when my son is requested by his employers to advise them of any past convictions he has no alternative but to be honest although advise that the only conviction is historic & spent?

tdlawyer :

No, he does not have to disclose the spent convictions, as this is what the law under the Rehabilitation of Offenders Act says. I understand your point though. They cannot take into account the spend convictions against him.

Customer:

Thank you very much, that is £33 well spent.

tdlawyer :

Thank you.

Customer:

Can you just confirm that this conviction would be classed as spent

tdlawyer :

What was his sentence?

Customer:

Community Penalty with Unpaid work

tdlawyer :

Oh yes, that is very much spent now!!

tdlawyer :

It was spent after 2.5 years.

Customer:

Thank you very much, goodbye

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