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: 47644
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I have a conviction to report an accident

Customer Question

Hello
I have a conviction for failing to report an accident dated April 2009. I received a £265 fine and 5 points. It was the minimum as the magistrate accepted that I had not known I had damaged the bumper of the car next to me when getting into a car park space. I pleaded guilty as I couldn't afford the cost and risks of not guilty because I had no evidence that could help me.
My question is for how long will this show on my enhanced Drb? Is it for ever?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Have you had an enhanced DBS check since?
Expert:  Ben Jones replied 1 year ago.
Hello, not sure if you saw my initial query above - Have you had an enhanced DBS check since?
Customer: replied 1 year ago.
Hi - yes, I have to have one every year as I'm a doctor. At the time of the fine the solicitor told me that it would not appear on a criminal record. If I had known it would I'd have pleaded not guilty, but I was absolutely terrified (pleading not guilty meant a delay) they would just not believe me and I couldn't afford the £5000 the solicitor quoted to defend me.
Customer: replied 1 year ago.
I understand now btw that putting it on the record is at the discretion of the police. The car I damaged sustained minor damage - the police were told by the witness, who was standing right by the car when I manoeuvred to get out of the space, that I caught it with my bumper (I drove an old Landrover Defender with a 'floating' metal bumper). I only wished they had told me rather than waiting till I'd gone and telling the station policeman (it was on Cambridge station car park and there is a small police office there)
Expert:  Ben Jones replied 1 year ago.
Hello, the issue with DBS checks is that they have space for ‘additional information’, which is any information held on the local police database about you. The police decide whether such information is relevant t the specific application for which you are requesting a DBS. So whilst the conviction itself will become spent after a set period of time, the information about it will still be stored on the police database and if they believe it is relevant they can include it in the additional information section of the DBS. This could happen for as long as these details are on their database and that could be for life. There is no procedure which would routinely remove details from the police computers at this time. So it would all depend on whether they believe this information is relevant to your application for a DBS in your line of work. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) 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.
You said that the information becomes spent after a period of time. that was my question in fact - what s that period of time? I have been searching on the internet and they say 11 years. Would it then no longer appear under 'convictions'?
Expert:  Ben Jones replied 1 year ago.
Well a fine becomes spent after 1 year, which means it will not show up on Basic checks then and you do not have to declare it I asked if you have a criminal record or unspent convictions. However, even if spent it will still show up on standard and enhanced checks. This is where the filtering system comes in, which is 11 years. After that time it will be filtered out and not show up on standard and enhanced checks, unless the earlier discussion applies where the police believe this is relevant and can still include it in the additional information section in the enhanced check. Hope this clarifies?
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
I think I understand. So it shows up on an enhanced check for 11 years, then it does not show up unless they feel it is relevant?
Expert:  Ben Jones replied 1 year ago.
Yes, correct.