Hello what type of DBS check are you having done?
Hello, not sure if you saw my initial query above - what type of DBS check are you having done?
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 conviction. So it is no longer unspent and will not show up on a basic check. However it can still come up on an enhanced check if the police believe it is relevant to the application you are having the check done for. Sadly there is no possibility to get that removed in any way – it can remain on your record for life and if it is considered relevant it can be included on an enhanced check.
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Hi there, the check results could affect your wife’s application although that is for the social services to decide. It is certainly not as simple as just saying you have a conviction, hence the application will be rejected. They would take a number of factors into account, such as how old the conviction is, have you stayed out of trouble since, were there any mitigating circumstances at the time, etc. So you cannot predict the outcome until a decision has been made. If you have the contact details of the social worker then just contact them directly and say you are concerned about this affecting her applications and is there anything you can or should be doing now to try and minimise these effects. Hope this clarifies?
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