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Ben Jones
Ben Jones, UK Lawyer
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My nephew, has an entry entitled "Enhanced Certificate"

Resolved Question:

My nephew, has an entry entitled "Enhanced Certificate" under the "Disclosure & Barring Service.
The Date of Coution is given as 4 February 2009. The offence stated is "Assault causing actual bodily harm" on 3 February 2009 under "Offences Against the Person Act 1861 S. 47.
This has the result of preventing him from obtaining employment at a number of Centres.
Can it be removed from the records, ans if so, when and how?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

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?

Customer: replied 1 year ago.

He is an electrician, and and has been turned down by a Care home, and, perhaps surprisingly, Gatwick Airport.

Expert:  Ben Jones replied 1 year ago.

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

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