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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I received a police caution in 2003 for stopping a kid who

Customer Question

I received a police caution in 2003 for stopping a kid who had his arm in a postbox. I was told by the police officer it would be on record for 5 years. I then spoke to a police chief constable who stated in a letter in 2013 and in 2013 that after 10 years it would be reviewed and potentially destroyed from their records. I have contacted the police again who tell me it will never be removed from a pnc check so will always be shown on a standard and enhanced CRB certificate. I don't really know what to do anymore as it stops me from getting a job.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX 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 : What was it for please?
Customer:

The cation was for common assault. T

Alex Watts : Ok. There are no such things as CRB any more it's now DBS.
Alex Watts : if it was a caution it will be spent and won't show on a standard DBS
Alex Watts : As for enchanced then there are now filtering rules
Customer:

The caution was for common assault. A kid had his arm inside the postbox so i stopped him from stealing. The area I live in had many problems with anti social behaviour. I had my car vandalised alot, I received verbal abuse all the time and I was beaten by a agng of kids in my front garden because I went out of my house as they kept thumping my windows. The abuse went on for years and the police just said there was nkthing they could do.

Alex Watts : The government has issues a list of offences which will never be filtered
Alex Watts : Please aee
Alex Watts : see
Alex Watts : government/uploads/system/uploads/attachment_data/file/262620/List_of_offences_that_will_not_be_filtered_DBS_v2.1.xlsx
Alex Watts : Sorry
Alex Watts : https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/262620/List_of_offences_that_will_not_be_filtered_DBS_v2.1.xlsx
Alex Watts : Common assault is NOT on here which means it will NOT show on DBS check
Alex Watts : So you don't need to worry,
Alex Watts : Can I clarify anything for you about this today please?
Customer:

But I don't understand as the letter I have just received from the wiltshire police force disclosure unt states that if there is a conviction, which includes cautions on the PNC, the information will appear on both a standard and an enhanced crb certificate.

Customer:

I have also read that for some types of jobs I need to declare a spent caution. For example nationa

Alex Watts : It's no longer CRB. They don't exist any more.
Alex Watts : It will always remain on your pnc you can't get away from that
Alex Watts : But it won't show on what is now a DBS check formerly CRB
Alex Watts : Its filtered out - please read the guidance.
Customer:

But if I try and get a job where I need security checks then this information will be show.

Alex Watts : https://www.gov.uk/government/publications/dbs-filtering-guidance
Alex Watts : Not for a DBS check.
Alex Watts : Does that clarify the position?
Customer:

I just dont understand why thr force disclosure unit have still mentioned standard and enhanced crb checks if they no longer exist.

Customer:

Should I ask them about this

Alex Watts : See the guidance from the Government - they do not exist. Google it yourself to see.
Alex Watts : They are not lawyers, they may just be outdated.
Alex Watts : But that information about DBS is freely available.
Alex Watts : The Criminal Records Bureau (CRB) and the Independent Safeguarding Authority (ISA) have merged to become the Disclosure and Barring Service (DBS). CRB checks are now called DBS checks.
Alex Watts : https://www.gov.uk/disclosure-barring-service-check/overview
Alex Watts : Does that clarify?
Customer:

So I can now apply for any job and the police will not be allowed to provide information on the caution.

Customer:

Also if I wanted to get a visa to goto America I no longer need to declare the caution.

Customer:

?

Alex Watts : Correct.
Alex Watts : For the USA it was not declareable anyway
Alex Watts : Can I clarify anything else?
Customer:

From what I read it seemed a very grey area. But thank you for your help. I will try and get on with my life now and will try not to worry about this anymore.

Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer:

Ok thanks

Alex Watts : Thank you.
Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Alex,


 


Sorry to say but I have found out that because I received a caution for common assault on a child they will never remove it from the dbs list, even though I have letter from a chief constable telling me it would be reviewed and potentially destroyed after 10 years, its simply not true. Its been 11 years and the police will not remove the caution from their list. I dont sleep anymore with worry over this as it will stop me from getting a job. All I was trying to was stop a kid from vandalising and stealing from a postbox. Its completely my fault and my life now is effectively over.


 


regards


 


Jeremy

Expert:  Ash replied 3 years ago.
Hi Jeremy. I am sorry, if I had known I could have saved you the trouble.

Alex