How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44961
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I was recently convicted of assaulting a police officer

Customer Question

Hi, i was recently convicted of assaulting a police officer and was fined 420 GBP. I am 21 years old and this was my first conviction. Will this ever be filtered from a standard and enhanced CRB check? If so, when will that be?
Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hello will you be applying for positions that require an enhanced check?
Customer: replied 1 year ago.
Not at the moment, but i would like at some point to apply for a position that requires an enhanced crb check due to working with vulnerable people- i guess i just dont know if that will be possible because of this one conviction. Thank you.
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. 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 So this will be filtered out from Standard checks after 11 years and whilst it may be filtered out of Enhanced checks as well at the same time, it could still be mentioned on there for life if the police believe it is a relevant piece of information for the position you are applying for. In any event, this will become spent after just 1 year so whilst it will still show up on the checks as mentioned above, if you are asked whether you have any unspent convictions, after a year you can answer no. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Does that mean that i would have to wait 11 years before my conviction is filtered from standard and enhanced checks? If so, Will i be unable to work in certain professions for the next 11 years? Thank you again.
Expert:  Ben Jones replied 1 year ago.
Correct - as both checks show spent and unspent convictions, even though this would become spent after a year, it will still show up on these checks until it is filtered out after 11 years. However, that does not mean you cannot get a job in certain professions - this is still possible and you can apply for and be employed in just about any profession. It just means that the employer will know of your history at the application stage so they may decide you are not suitable for them because of it. Nevertheless, many employers will make a judgement call at the time and if they do not think this is relevant or that it was a one off error and you have not reoffended since, could still decide to employ you even with that against your record. Hope this clarifies?
Customer: replied 1 year ago.
One last question, lets say that i studied law at university, would i still be able to register as a solicitor or would the solicitors regulation authority stop me from being able to register? Thanks again.
Expert:  Ben Jones replied 1 year ago.
All the requirements on registration with criminal history can be found here: http://www.sra.org.uk/solicitors/handbook/suitabilitytest/part2/content.page So there are certain aspects which may prompt them to refuse your application but it is not an automatic bar
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response 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? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions