Ask a Law Question, Get an Answer ASAP!
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What type of work is he trying to get?
He is an electrician, and and has been turned down by a Care home, and, perhaps surprisingly, Gatwick Airport.
Hi sorry I was offline by the time you had replied. There is sadly no automatic way of guaranteeing a removal of an entry on a person’s criminal records check. There are strict rules which determine when entries become spent and when they are filtered out. For example, cautions do not appear on Basic checks at all and are removed from Standard checks after 6 years. However, in Enhanced checks they can come up for life, if the police think that this offence is relevant to the application he is making. There is no way to remove this, however there is no guarantee that it will always come up on his certificate – there could be jobs for which the police believe this is not relevant and they may not include it. Similarly, the more time that passes since it was issued the less relevant they may believe it is. It is something that cannot be predicted though so he would not know if it is included or not until he has had the certificate back. So here is a risk t will always be included in an Enhanced check. He can apply for jobs which only require Basic or Standard checks of course as that will not show up.
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