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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46142
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have a job offer from a company who will undertake a

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For Ben Jones, I have a job offer from a company who will undertake a standard or enhanced DBS check. I received a caution nine years ago for possession of a class A drug (cocaine), only a very small amount (less than half a gram), which having done research I believe should be filtered from the DBS check as per the Protection of Freedoms Act 2012 as I have committed no offences since. Obviously I would rather not disclose an old caution for a minor offence, however if the prospective employer are to find out then I would rather disclose it myself than them find out via a DBS check without me telling them. What I would like to know is whether this will definitely be filtered from a DBS check? Also, do you know if I am able to contact DBS myself to confirm that this will not show on my DBS certificate?
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.
Hello do you know if it will actually be a standard or enhanced check?
Expert:  Ben Jones replied 9 months ago.

Apologies for not getting back to you sooner, when I thought all was well I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

Looks like you have posted a couple of identical questions so what I will do is close the others and continue on here if that is ok?

Expert:  Ben Jones replied 9 months ago.

So do you know if you are likely to have a standard or an enhanced check please?

Customer: replied 9 months ago.
I am not sure, it was not stated in the application form, although one of the questions on the form asks whether I have any convictions, cautions, reprimands or final warnings that are not filtered under current legislation. Having checked the offences that will never be filtered under the Freedom of Protections Act 2012 it appears that possession offences are filtered, and I also called a police enquiry line today and they confirmed that possession is filtered. Subsequently I plan to tick 'no' for this box as legislation would appear to suggest that possession only is filtered providing more than six years have elapsed, however I was hoping that you could confirm this?
Expert:  Ben Jones replied 9 months 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 current guidelines are:

An adult caution will be removed after 6 years have elapsed since the date of the caution – and if it does not appear on the list of exempt offence, 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 should no longer appear on a standard check but it may still appear on an enhanced one if the police believe it is relevant to your application. You will not be able to ask the DBS if it is likely to be included – this is a decision made by the police when they receive the application from the DBS so at this stage it is impossible to find out if they would believe it is relevant to the application but I would be minded to say it will not be considered as such. So you only need to be potentially concerned if this is an enhanced check and in the meantime you can still tick no as it would be the correct answer.

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

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46142
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Customer: replied 9 months ago.
Thank you for your help, very helpful. It seems that ticking 'no' is the right thing to do, and if anything does show up I will be able to explain that the offence is an offence that should be filtered, hence I answered correctly.
Expert:  Ben Jones replied 9 months ago.
That's correct and all the best

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