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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47351
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I was Charged offence in 1998 . Now I am going

Customer Question

Hello , I was
Charged for an offence in 1998 . Now I am going to be vetted for a trustee position and will be vetted by department for education in England , the offence was in scotland , will this offence be recognised after all this time ?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello were you actually convicted or just charged? Also are you having a specific level criminal check such as an enhanced one?
Customer: replied 1 year ago.
Hello Ben , I was given 200 hours community service , this was in a Scottish court , I am not sure of the level of vetting , we are being vettee by the department of education , as we will be the trustees setting up a new free school
Customer: replied 1 year ago.
This would be possibly 17 years ago with no further offences and this being the first , I do not want to go ahead with this trustee position if it is going to through up this previous offence and affect my employment that I have been in for over 10 years .
Expert:  Ben Jones replied 1 year ago.
Thank you. What was the offence please?
Customer: replied 1 year ago.
It was for embezzlement
Expert:  Ben Jones replied 1 year ago.
If you are going to be a trustee in a school then you are most likely going to be subject to an Enhanced Check, which is the highest level of criminal checking. 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). An Enhanced check would show up both spent and unspent convictions as well as 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. So the conviction will be considered spent and filtered out so it should not show up on a normal list of spent and unspent offences, however as mentioned an Enhanced check allows the police o include whatever data is stored about you on their database which they believe is relevant. No one can predict whether they will consider this information to be relevant to your current application but there is a risk they may as you are now in a position of trust and may deal with financial matters and your offence was one of breach of trust relating to financial matters. 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.
Thanks for your reply , this has been helpful and I think that I should not go forward as a trustee if this would enlighten past offence . I would give you 5 stars for your assistance .
Expert:  Ben Jones replied 1 year ago.
You are welcome. Just to reiterate - there is no guarantee that it will come up, but there is a risk it would if the police consider it relevant in the circumstances. All the best
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hello Ben, further to my correspondence yesterday , is there any way that you could find out which level of vetting would be involved , obviously I would expect to pay more for this ? I have spoken with the main trustee and he has said that he would invisage it to be more based on working with young people.
regardsGraham
Expert:  Ben Jones replied 1 year ago.
Hi Graham, if you are working with young people then it will almost certainly be an enhanced check as mentioned earlier
Customer: replied 1 year ago.
Thanks for your reply, I would not be working with any of the children, I would simply be a trustee for the owing company for the school, thanks for your help.
Expert:  Ben Jones replied 1 year ago.
I have seen examples where trustees are subject to enhanced checks. In any event you will be told in advance of an application what level it is
Customer: replied 1 year ago.
Thanks for your help, I have read up and given the time lapse, non reoffender and only given community order, I do not have to declare it as it is regarded as time spent, so I think I will take this chance, I assume that they simply reject the application if it is subject to an enhanced search , or would the time since offence be taken into account ?
Expert:  Ben Jones replied 1 year ago.
It is entirely up tp them to decide what criteria they take into account, they could easily decide that based on this being a one off historic offence it is no longer relevant to decide that you pose any risk to this position and still take you on
Customer: replied 1 year ago.
Thanks Ben for your first class service. I have given you a 5 star rating .
Expert:  Ben Jones replied 1 year ago.
Many thanks, ***** ***** best