Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What record are you asking about please?
Are you subject to any criminal record checks and if so what level, such as basic, standard or enhanced?
ok but what level are you required to have - is it a basic, a standard or an enhanced check?
Ok it is likely to be an enhanced one as you will be working with vulnerable adults.
It is not possible to remove or erase your record. However, 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
However, 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. The current guidelines are:
For those aged 18 or over at the time of the offence an adult conviction will be removed from a DBS check if:
· 11 years have elapsed since the date of conviction; and
· it is the person’s only offence, and
· it did not result in a custodial sentence.
The issue is that with an enhanced check the police retain the power to include anything on your record which they believe is relevant to your current application. Your record remains there for life, so it all comes down to whether they believe this past issue is relevant to the current position you are applying for. Sadly until you have the check done and get the results you would not know whether they thought it was relevant or not.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you