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Ben Jones
Ben Jones, UK Lawyer
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I've just been given a job offer as a account investment

Resolved Question:

I've just been given a job offer as a account for a investment / charity company and they said I will get the job providing I past a criminal bureau check. I have a spent conviction which is thirty years ago were I was given a suspended sentence , will this be picked up in there checks
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Have you been told what level check you are getting done?
Customer: Only that's it criminal records bureau check
Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues last night. All seems to be resolved now so I can continue with my advice.

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

So in the first instance you must check what level of DBS check you are getting done as that will reveal the likelihood of this conviction coming up. Then even if it can potentially come up it may actually be filtered based on the rules I stated above.

If you have not had to do a DBS check recently and are unsure whether your details are even still stored on the PNC, then you can write to the police force that was responsible for dealing with your criminal record and make a Subject Access Request under the Data Protection Act 1998. This would involve writing to them, including proof of your ID, and requesting that they release any information held on you on the PNC. There may be a small fee involved, so I suggest you contact them first to check exactly what they need before you write to them with your request.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer: Hi Ben
Customer: thanks , does it make difference that I was 17 a time of sentencing , and what point if any should I disclose this information
Customer: thks
Ben Jones :

If you were 17 then it will just change the periods after which the offence is filtered from checks. For those aged under 18 at the time of the offence, the conviction will not be included if:



  • 5.5 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.

  • It does not appear on the list of exempt offences.

    You would only be expected to disclose this if you are specifically asked if you have any spent convictions or if you are told that this job is exempt from the Rehabilitations of Offenders' Act and that you must disclose any convictions, whether spent or not.

Ben Jones :

Does this clarify things for you?

Customer: Yes that's great thank you
Ben Jones :

you are welcome, all the best

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