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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48196
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I have been convicted of driving without due care and attention and failing to report an

Resolved Question:

I have been convicted of driving without due care and attention and failing to report an accident(7 points and 20 pounds fine}. I basically scratched a car does it show in an enhanced CRB check for social care?.What more do I got any chance to work in the public service sector. Is there anything that I can do now to redeem my criminal record, is the only thing I did wrong I'm 43 years old
Regards ***** *****
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. When did this happen?
Customer: replied 1 year ago.
nearly two years ago
Customer: replied 1 year ago.
are you still there
Expert:  Ben Jones replied 1 year 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'. 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 You received a fine so that becomes spent after 1 year. Therefore it will not show up on a Basic check after that time but will still show up on an Enhanced and Standard checks. 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 assuming no new offences occur, this should be removed from the Enhanced check after 11 years, although the police still have the right to include information about it if they believe it is relevant to the application. It is unlikely that an application for social care would be deemed relevant to disclose a driving offence so they may not include it after that time. This will not automatically prevent you from working in the public service sector, you are still free to apply for jobs and for many employers this would not be an issue, however it may be for some so bear that in mind. 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.
Thank you for the answer, just one last question before you go doI have to declare it on my application then
Expert:  Ben Jones replied 1 year ago.
Have you seen the application and what it asks you to declare?
Customer: replied 1 year ago.
Not yet I'm already working for the company just renewing my Crb
Expert:  Ben Jones replied 1 year ago.
You only need to declare it if you are asked to declare unspent convictions, or if you have to declare spent convictions as well due to the employer being exempt from the ROA which they will tell you if they are
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