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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I have the following on my Enhanced DBS: Date of Conviction:

Resolved Question:

Hi there, I have the following on my Enhanced DBS:
Date of Conviction: 10 October 1996
Offence: Bankrupt failing to preserve all accounting records on 24 July 1996 Insolvency act 1986 S.361(1)(B)
Court: Leicester Magistrates Disposal: Community service 60 HRS
The Magistrate at the time said I am giving this 60 hours of community service so it will never show on your track as being recorded.
Is this possible to get removed please as I work as a lecturer now and it creates a slight hiccup explaining every time when I apply for a job.
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. I presume you always require an Enhanced DBS?

Customer: replied 11 months ago.
thanks Ben
Customer: replied 11 months ago.
Enhanced DBS is always required
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 11 months ago.

Thank you. Sadly there is no procedure for removing entries from one’s criminal record. Whilst it is untrue that community service does not appeal on criminal checks, that in itself would not be a reason to challenge the conviction. Whether the magistrate was confused about where this would appear, the fact of the matter is that this was still a formal conviction issued in a court of law and it would be too late to challenge it now.

As far as the criminal record is concerned, a conviction does eventually become spent or gets filtered, and would not appear on basic or standard checks. The issue here is that you are subject to an enhanced DBS so your previous history can show up for life if the police believe it is relevant to the current DBS application. There is case law to confirm that convictions can remain on a person’s record until their 100th birthday and as this will not be automatically removed or filtered, it could potentially remain on there for life and be disclosed with every check.

The law does change over time, for example the filtering rules were a new feature that came in a few year ago, so you never know – something may come in one day which removes this from your record but as it currently stands, it can be included if considered relevant.

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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