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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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How I can avoid a disclosure of police records - alleged offence

Resolved Question:

How I can avoid a disclosure of police records - alleged offence with no criminal proved on my DSB check report?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

What level of DBS check are you required to have?

Customer:

Hello ben,

Customer:

enhanced

Ben Jones :

What actually happened with the offence?

Customer:

I work in finance department for a Housing association which provide housing for vulnerable people.

Customer:

I was arrested for a shop lifting (£8 Item) which I forgotten to pay. After interview i was released from police station with no cautions, warning etc given.

Customer:

I received a response on my question to the local police saying that the information will be assessed for relevance for disclosure on DBS.

Ben Jones :

If this offence is on your police records then it would potentially come up in the future if you have an enhanced DBS check and depending on the relevance of the position you are applying for. When the police get a request for the DBS check they will go through your police records and apart from any formal convictions you have, they are also able to include any additional information which they believe is relevant to the current application. This can be somewhat subjective because it depends on the officer who is doing the check and whether they believe that the information they have about you I relevant to the application. So on one day with one officer the information could be disclosed, on another day with another officer it may not. However, even if it is disclosed this is not a serious issue – it is not a formal conviction, it did not result in any formal action by the police and the details will mention that – o the employer should not really attach any weight to this as there is no formal proof you were guilty of anything.


 


The law states that when processing enhanced checks, the police should consider two questions when deciding whether to disclose non-conviction information: first, whether the information is reliable and relevant; and second, in light of the public interest and the likely impact on the applicant, whether it is proportionate to disclose the information. Factors to be considered in assessing proportionality include:



  • the gravity of the information;

  • its reliability and relevance;

  • the applicant’s opportunity to rebut the information;

  • the period that has elapsed since the relevant events; and

  • the adverse effect of the disclosure.


 


If the chief constable is not satisfied that the applicant has had a fair opportunity to answer any allegations in the information concerned, or if the information is historical or vague or he has doubts as to its potential relevance, the applicant should be given the chance to make representations as to why it should not be included.

Customer:

Thank you Ben,

Ben Jones :

and thank you for the poor service rating?

Customer:

I have not received the answer on my question.

Ben Jones :

did you not see my post above?

Ben Jones :

There is no way t guarantee that this information is not disclosed - that is simply not an option under the current laws, but there are guidelines to restrict the times when it would be included and would also allow you to make representations to the police to provide further explanations as to what happened and why it should not be included, but there is nothing in current law that would actually guarantee that this does not get disclosed if the police believe it is relevant

Customer:

Do I have a right to apply for making representation to the police before the DBS application and what should I do for that?

Ben Jones :

No you do not - this only occurs if the police believe that the points I mentioned above have not been satisfied and they believe that you should be provided with the opportunity t mak representations

Customer:

Thank you Ben.

Customer:

It a clear answer

Customer:

Can I change my rating to the answer?

Ben Jones :

yes of course you can just select the raring you wish to choose, thank you

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