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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good morning. 2 weeks ago I began to employ a hard working

Customer Question

Good morning.
2 weeks ago I began to employ a hard working 21 year old lad.
Unfortunately yesterday he had to attend court for a driving offence and because of a previous conviction of criminal damage (including and unpaid fine) he was sentanced to 3 weeks in prison.
Because of the nature of our work, I was about to do a CRB check on him as we do alot of work in schools etc.
Will he pass the CRB check, as I need to know whether to terminate his contract and look for another fitter?
Cheers
Andy
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Do you know what the driving offence was and what section the previous criminal damage was please?

JACUSTOMER-ormak212- :

The driving offence was regarding a simple appeal over the legality of a bald tyre.

JACUSTOMER-ormak212- :

The criminal damage was 'from years ago'

Alex Watts :

Did he go to prison for the criminal damage?

JACUSTOMER-ormak212- :

No

Alex Watts :

Did he go to prison for the bald tyre?

JACUSTOMER-ormak212- :

No......I believe it was because of non payment of the cd fine

Alex Watts :

Do you know what section he was charged under the Criminal Damage Act?>

JACUSTOMER-ormak212- :

No

JACUSTOMER-ormak212- :

But I can try and find out

Alex Watts :

Please as it is very important

JACUSTOMER-ormak212- :

I have just spoken to his mother. She wasn't aware that there are different types of criminal damage.

Alex Watts :

Yes there are. Ok - let me tell you this

JACUSTOMER-ormak212- :

Basicalyy he kicked the door in of his ex-girlfriend

Alex Watts :

Under what used to be CRB and now DBS. Many offences are filtered, therefore do not show

Alex Watts :

Others do not

Alex Watts :

To find a list of offences that will NEVER be filtered please go to:

Alex Watts :

https://www.gov.uk/government/publications/dbs-list-of-offences-that-will-never-be-filtered-from-a-criminal-record-check

Alex Watts :

You will see there are some, but not all, criminal damage offences here

Alex Watts :

So it depends on what he was convicted of

Alex Watts :

As for the prison for non payment of a fine, if that is all it was for then that will not show either

Alex Watts :

So it depends on what exactly he has been convicted of

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-ormak212- :

Will I be able to approach his solicitor?

Alex Watts :

You would need his permission first

JACUSTOMER-ormak212- :

Ok. Many thanks.

JACUSTOMER-ormak212- :

Good bye

Alex Watts :

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