Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
What was the fine for and how long ago was this?
OK thank you, ***** ***** it with me. I will be finishing in court shortly so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
A court fine is a formal conviction so it will appear on a DBS. How long it appears for will depend on the time that has elapsed since it was issued and the level of DBS check applied for.
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
A fine becomes spent 1 year after issue for adults and 6 months for those aged under 18 at time of offence.
Also, 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. This means that they will eventually also be removed from Standard checks as well eventually (remember that these will reveal spent convictions so even after the year has passed they will still be disclosed until they become filtered).
This is your basic legal position. I have more detailed advice for you in terms of the filtering system and how it will apply to this offence, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thanks, ***** ***** continue once you leave your rating please. In the meantime please clarify whether the fine was as a result of police prosecution of a criminal offence?
How old was the person at the time of conviction?
Ok this is a court fine following a criminal charge so it will appear on all DBS checks for a year after conviction and after that only on a Standard or Enhanced one. It will be filtered out from the Standard one after 11 years but could come up on the Enhanced one for life technically if they believe it is relevant to the job for which it is required.
This conviction will be filtered eventually but the question is not very clear as it is not entirely obvious if they are asking whether there are convictions which are currently not filtered or which would never be filtered. If they mean whether he has a live and unfiltered conviction then he doesn’t, but if they are asking if this is a type of conviction which will eventually be filtered, then it will