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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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how long does a conviction for common assault last? If forever,

Customer Question

how long does a conviction for common assault last? If forever, how does it stay on the CRB database or how long until it is considered spent in terms of looking for a job etc.
Thanks John.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello John my name is ***** ***** I will help you with this .
Alex Watts : For now please let me know what sentence you got?
JACUSTOMER-2dblvd7d- :

Hi Alex, this is for an employee of mine, he is Lithuanian so am trying to sort this out for him. He was convicted of common assault and received a fine of £625 last week. Now he wants to know how long this will 'be on his record' and how it may affect him in the future and is he duty bound to declare this conviction on say job applications? Thanks.

Alex Watts : Ok. You don't need to worry, it won't show on what was a CRB check.
Alex Watts : Offences are now filtered and only the most serious ones show up.
Alex Watts : Common assault is not one of those.
Alex Watts : please see
Alex Watts :
JACUSTOMER-2dblvd7d- :

THanks Alex, so is it ok if he doesn't mention it in a job application?

Alex Watts : For a fine it becomes spent after 1 year. So won't show after this time.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-2dblvd7d- :

So after 1 year his conviction is in effect 'spent'?

Alex Watts : Yes.
JACUSTOMER-2dblvd7d- :

Alex thank you so much that will really put his mind at rest. Have a very happy Christmas. Bye.

Alex Watts : and you, can I clarify anything else for you?
JACUSTOMER-2dblvd7d- :

No that's all thanks.

Alex Watts : Ok, if I could ask you to rate my answer before you go today, the button should be at the bottom of the screen.
Alex Watts : If you need more help please click reply.
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ben Jones replied 2 years ago.
Hi, I am afraid the answer you received is misleading because it is certainly not as simple as allowing one year before this is removed from any criminal checks. There are 3 levels of criminal checks - a basic, standard and enhanced one. If your friend is going to be subjected to a standard or enhanced check, then this conviction will show up for years to come and it will not be removed from his record. Only if he is subjected to a basic check would this be removed after a year, however many employers request a standard level check and that will show up unspent convictions as well as spent ones. If he is going to work with children or vulnerable adults, say as a care worker, he will be subjected to an enhanced check and that will show up this conviction even after a year has passed. So the earlier answer you received only applies if he is going to have a basic criminal check done, however if he is going to be undergoing a standard or an enhanced level check, then the fine will still show up until 11 years have passed since the conviction, after which it will become filtered. Not only that, but with an enhanced check it could continue to show up even after that time, if the police believe it is a relevant conviction for the job he is applying for. Hope this clarifies things for you a bit

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