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Hello my name is ***** ***** I will help you with this.
How did your new employer get a copy of your previous convictions please?
I don't know but I was asked during the interview if I had any previous convictions and I said no. Two weeks after my interview I was informed that I was not successful as I had not disclosed this previous conviction
Did they get a CRB (DBS) check or anything?
I think it was a crb check
You had one, yes?
OK - what was the offence you had been charged with?
Did you not have a copy of your CRB check?
What was the offence?
Sexual assault against an under 16 year old. I was on police bail for nearly two years and a new legal team told the police to take it to court or dismiss the charges
Ok. Can you ask for a copy of the CRB check?
Who would I need to request this from. I have a friend who is in the police force and he checked on the national computer and the charges are showing up but not the result
Firstly what you need to do is ask the Police for a copy of your PNC
Your friend should not be checking your Police record.
By doing this he has committed an offence.
You should make a formal request for your PNC and you can also apply for your own CRB check
Once you have this you can see what information is held.
If it is inaccurate then you can write to the Police and ask them to correct it.
You may also have a claim under the Data Protection Act which states
An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.
I know he should not but this was done as a favour. Once I have requested the PNC what next. One of the charges that showed up was a picture of an under aged oriental girl but I was never charged or even questioned about this
You would be able to issue a claim under the Act.
Can I clarify anything for you about this today please?
As I was charged with the sexual assault this is correct but should this not have been removed from the PNC
It is right to show you have been charged, but it should show that no evidence was offered and it was dismissed
But can this be removed or a note put on there to state no evidence was offered and it was dismissed
It can not be removed but it can be rectified.
But you dont know for sure what it says. all you have is what someone else says
This is why you need to get a copy for yourself.
Section 14 of the DPA states:
If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.
This can form part of your claim for damages
Can I clarify anything else for you?
No that is all thank you
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