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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have a conviction for possession of class A drugs with

Customer Question

I have a conviction for possession of class A drugs with court fine dating back to 1992 how long does it stay on my dbs check
Submitted: 4 months ago.
Category: Law
Expert:  Ben Jones replied 4 months ago.

Hello what type of DBS check are you having done?

Expert:  Ben Jones replied 4 months ago.

Hello, not sure if you saw my initial query above - what type of DBS check are you having done?

Customer: replied 4 months ago.
Im applying for a job need Advanced dbs check something stupid of did when I was young got date wrong conviction in*****fine
Expert:  Ben Jones replied 4 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

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.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Customer: replied 4 months ago.
Thank you for your answer the reason I need to apply for a advanced dbs is my wife is applying for a special guardianship order for her nephew as a member of the household how will my conviction from 2002 effect her application and and what is the best procedure and on how to inform the social worker about my previous conviction will my mistake from my past effect her application as I live with her also this is a new application her nephew does not live with us thanks
Expert:  Ben Jones replied 4 months ago.

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?

Customer: replied 4 months ago.
Thank you for your answer we will contact the social worker
Expert:  Ben Jones replied 4 months ago.

You are welcome. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

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