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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48776
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am inquiring after some advice I need about my past

Customer Question

Hello. I am inquiring after some advice I need about my past crime history.
I was offered a job as a chef in the British virgin islands but when I did my police check it came back with every thing I have done in my life. I was arrested and convicted of 1 charge of having a offensive weapon in 2002 and 3 charges of possession of cannabis up until 2004 ( all non- custodial )
I am lead to believe that these would have been stepped down a since but because I did a very stupid thing of attempted street robbery when I was 14 (1998) which I was sentenced to 2 yrs in juvenile, I was told that it would never be stepped down. I would like to know if there is anything I can do as I am a law abiding person and have been for a very long time, I know that I did a very serious thing but was a kid and did my time, it is not right that I am punished for the rest of my life. Please can you offer me advise on anything I can do?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Whether these are stepped down and how it happens depends on what checks you are having done - what specific checks are you asking about please?
Customer: replied 2 years ago.

Am after a police certificate for imagration purposes. . And anything in my future as we'll

Expert:  Ben Jones replied 2 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 police certificates follow the same rules. 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
Sadly the law does not allow the removal of these offences if you do not meet the relevant criteria so there are people whose past record will always show up (in fact the law until recently had no step down procedure and the record remained until the person’s 100th birthday). The new law allows a fair procedure to be applied but there are still circumstances when all of a person’s history will show up and unfortunately there is no way around it at the moment.
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
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you