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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45322
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am trying to find out if i have a criminal record

Customer Question

I am trying to find out if i have a criminal record
Submitted: 4 months ago.
Category: Law
Expert:  Ben Jones replied 4 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Why do you think you may have one?

Customer: replied 4 months ago.
there was never any police involved but my ex wife accused me of assault and in our divorce court hearing i got a suspended 4 month sentence 18 years ago
Expert:  Ben Jones replied 4 months ago.

Why do you need to find this out, what would you use the information for?

Customer: replied 4 months ago.
i am in a job now where a CRB check may be required but i have been in the job for 9 years
Expert:  Ben Jones replied 4 months ago.

What level CRB are you having done?

Customer: replied 4 months ago.
Havent been told yet, but i know a standard or enhanced will show spent as well as unspent. its for my peace of mind to know if there will be anything there on a standard.
Customer: replied 4 months ago.
I have never been in trouble with police before or after that time.
Customer: replied 4 months ago.
Or indeed at that time, no police involvement ever.
Expert:  Ben Jones replied 4 months ago.

Until you have the check done and see the result there is no official way as such to find out if you have a record and what would come up in it. Saying that, if you have not had to do a DBS check recently (this is the new name for CRB checks) and are unsure what details are still stored on the police database, then you can write to the police force that was responsible for dealing with your criminal record (usually the local one to you) and make a Subject Access Request under the Data Protection Act 1998. This would involve writing to them, including proof of your ID, and requesting that they release any information held on you on the police database. There may be a small fee involved, so I suggest you contact them first to check exactly what they need before you write to them with your request.

Once they provide the results of what infrmaiotn is held on you, then you would be able to see if you have any formal convictions and when they are from, so you can work out if they would be included on the DBS check.

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

Customer: replied 4 months ago.
But as i said, there was never any police involvement!
Expert:  Ben Jones replied 4 months ago.

Then there would not be a conviction or a caution that would show up on a standard check

Customer: replied 4 months ago.
Thank you very much. Is this true even though the judge passed the suspended sentence?
Expert:  Ben Jones replied 4 months ago.

If this was18 years ago then it would be long considered spent and not show up n a standard check

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45322
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 4 months ago.
Fantastic, thank you.
Expert:  Ben Jones replied 4 months ago.

you are welcome

Customer: replied 4 months ago.
Good morning Ben,
I am just trying to get closure on this so just one last thing. As per all of the above, can you categorically say that, even though somehow a suspended sentence was passed in 1997 without police involvement, this would not show up on a Standard search? I know a basic report would not show spent, but am unclear on the Standard level and how this would not show this. could you clarify? Sorry for the long winded reply!
Expert:  Ben Jones replied 4 months ago.

Hi there, I cannot say categorically what will show up because the police do make errors and I have seen all sorts of examples when something has been disclosed when it should not have been. So whilst it should not, no guarantee can be given about this as you can hopefully appreciate

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