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?
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