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Ben Jones
Ben Jones, UK Lawyer
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Hi I received a police caution for possession of 1gram of

Resolved Question:

Hi
I received a police caution for possession of 1gram of MDMA in Jan 2013.
Previously, in 2003, I was charged with Assault (ABH) and received a small fine and some hours in community service. I was just wondering how this all fits into the new filtering rules on DBS ? Will my record never be filtered?

Mark
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Are these the only convictions you have please?
Customer: replied 2 years ago.
Hi,

Yes they are. The ABH conviction should never have stood as I was acting in self defence, but I now have to live with that on my record.
Expert:  Jo C. replied 2 years ago.
Thanks.

Just to let you know I have passed this onto an employment lawyer for you as this isn't really a criminal issue.
Expert:  Ben Jones replied 2 years ago.
Hello, my name is XXXXX XXXXX my colleague has asked me to assist with your query as it is more my area of law. Are you applying for any specific checks as that would depend on what is disclosed?
Customer: replied 2 years ago.
Hi,

It's just a general query really as to what is going to stay on my visible record and for how long?


Mark
Expert:  Ben Jones replied 2 years ago.
Under the Rehabilitation of Offenders Act 1974 (“ROA”), subject to certain exceptions, those convicted of a criminal offence who have not re-offended during a specified period from the date of conviction will be deemed 'rehabilitated' and their convictions would be classified as 'spent'. Spent convictions do not have to be declared if an employer is asking if you have a criminal record, unless the employment is for an exempt position (you should be told in the application form if the position is exempt).

If you are going to be subjected to a Disclosure and Barring Service (DBS) check (this replaced the old CRB check), then whether a past conviction will appear on it depends on what level DBS check is being undertaken. There are three main types of DBS check:
• Basic - contains only unspent convictions
• Standard – contains spent and unspent convictions, as well as cautions, reprimands and final warnings
• Enhanced – same as a Standard but also includes local police intelligence considered relevant to the application

However, recent legislation has introduced a filtering system for some offences and they will not show up on a DBS check after a specified period of time has elapsed. The current guidelines are:

For those aged 18 or over at the time of the offence an adult conviction will be removed from a DBS check if:
• 11 years have elapsed since the date of conviction; and
• it is the person’s only offence, and
• it did not result in a custodial sentence.

Even then, it will only be removed if it does not appear on the list of offences relevant to safeguarding. Also, if a person has more than one offence, then details of all their convictions will always be included. The guidance appears to suggest this is only in relation to two convictions, rather than a conviction and a caution. The full list of exempt offences can be found here:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/229718/list_of_offences_that_will_never_be_filtered_from_a_criminal_record_check_v1.1__xls_.xls

An adult caution will be removed after 6 years have elapsed since the date of the caution – and if it does not appear on the list of exempt offences.

As to the rehabilitation period for a caution, that becomes spent as soon as it is issued and the fine becomes spent after 1 year so if it goes back to 2003, it would be considered spent and should be filtered out as per the above rules.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you and feel free to bookmark my profile for future help:


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Ben Jones, UK Lawyer
Category: Law
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Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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