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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I received a 6 month conditional discharge (no fine) in 2011.

Resolved Question:

I received a 6 month conditional discharge (no fine) in 2011. Under the new ruling made this week by the Supreme Court that minor convictions will be dropped from criminal record checks (18th June 2014), and the earlier Home Office system to filter out single minor convictions or cautions, will my conditional discharge (my understanding is that it doesn't constitute a conviction) show up on a CRB check?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

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

Ben Jones :

What level of criminal check are you having done?

Customer:

I'm not - the question is hypothetical

Ben Jones :

There is now a filtering system in place which steps down certain offences and removes them from criminal checks.


 


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


 


A conditional discharge expires at the end of the order, so if it was a 6-month one it would become spent after 6 months. It means that after that time it will not appear on basic checks. It would still appear on a standard or enhanced check until it is filtered out.


 


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.


 

Customer:

So I would have to wait 11 years (which will take me to 2022) before it would no longer show on a standard or enhanced check? I was keen to be involved with my children's school, but it doesn't look as if that will ever be possible now...

Ben Jones :

yes it would still show up on these checks until then but that does not man you will automatically be unable to take such a job - it does however mean it is in the employer's hands as to whether they consider that relevant or not

Customer:

Ok, thanks for your help.

Ben Jones :

you are welcome

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