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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48201
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi, I was convicted of indecent assault on a minor in 2003.

Resolved Question:

Hi,
I was convicted of indecent assault on a minor in 2003. Is my conviction ever spent?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What sentence did you get?
Customer: replied 3 years ago.

Hi,

I was given a 3 year probation order which involved attending sessions on rehab.

Expert:  Jo C. replied 3 years ago.
How long was the notification requirements? Five years I presume?
Customer: replied 3 years ago.

i guess that means being on the SO register, yes, 5 years

Expert:  Jo C. replied 3 years ago.
Thanks.
What level of DBS checking are you facing please?
Customer: replied 3 years ago.

I do not know as yet. I do not wish to ask until i know at which level it will show. I understand the system has changed. I currently work with a clear basic disclosure but i think i may soon require the next level. Thanks

Customer: replied 3 years ago.

Hi are you still there?

Expert:  Jo C. replied 3 years ago.
Hi
On reflection, this has turned into an employment question so I've passed you onto somebody who can help. I am a long standing criminal hack.
Customer: replied 3 years ago.

Hi

I am not sure why I have been passed on, I just need to know if the conviction still shows and where. I have not heard from anyone you may have passed me on to and I have paid my money!

Expert:  Ben Jones replied 3 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Just to check, will you be working with children or vulnerable adults?
Customer: replied 3 years ago.

No, I will not. I will be a property surveyor. Your question implies that there is still a record at some level of disclosure. Is it possible to say what is still on record and at what level of inquiry it will be visible. I was told by the police at the time that such a conviction would never be spent, but i have been told otherwise also. Thanks

Expert:  Ben Jones replied 3 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 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
The conviciton is now spent but it will still show up on a Standard and Enhanced check until it is removed once the 11 years have passed.
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
Customer: replied 3 years ago.

Thanks for the reply

"The conviciton is now spent but it will still show up on a Standard and Enhanced check until it is removed once the 11 years have passed."

Since 11 years have passed since the June 2003 conviction, is it safe to assume that it will not show up on any level of disclosure or do I need to do anything to ensure that it is removed? Thanks

Customer: replied 3 years ago.

Dear Sir,

Can I clarify please?

As my offence appears on the list in the link you sent, am I right in thinking that it will not be removed from the records as this list is those offences which are not removed even after 11 years etc. My offence is exempt from removal or exempt from non-removal?

Expert:  Ben Jones replied 3 years ago.
The removal from the criminal checks is automatic so this should not show up, unless you are undergoing an Enhanced check and in that case details of it can still be included - if you have a basic or standard checks then it should now be removed. However if the offence appears on the list I provided it will never be removed which means that it will still show up on a standard check, although it will no longer show up on a basic one. So only if you are having a standard or enhanced check will this still show up.
Hope this clarifies?
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48201
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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