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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I have a conviction from 1985 for Obtaining property by

Customer Question

I have a conviction from 1985 for Obtaining property by deception and Handling. I received a fine. Is this spent? Do I have to declare it and can it be removed from records?
Submitted: 5 months ago.
Category: Law
Expert:  Jamie-Law replied 5 months ago.

Hello my name is ***** ***** I will help you with this.

What was the exact charge and what sentence did you get?

Customer: replied 5 months ago.
The above was the exact charge and the fine was £100 for Obtaining property by deception with £48 compensation. Handling stolen goods charge with £150 fine. I want to train as a bookkeeper that's why wanted to know. Thanks
Expert:  Jamie-Law replied 5 months ago.

Yes it will be spent now so you do not need to declare.

It also wont show up on a DBS check as it will be filtered out if you need one,
Can I clarify anything for you about this today please?

Customer: replied 5 months ago.
Well I had an enhanced disclosure in 2010 as I was working in a school and I declared as required by law but it did show up.
Expert:  Jamie-Law replied 5 months ago.

Yes rules change a few years ago under the Legal Aid, Sentencing and Punishment Act 2012

Does that clarify?

Customer: replied 5 months ago.
would you point me to the correct website where I can read more abut the change. The reason being if I applied for a position and didn't declare and then it showed up I would look dishonest.
Expert:  Jamie-Law replied 5 months ago.

https://www.gov.uk/government/publications/dbs-list-of-offences-that-will-never-be-filtered-from-a-criminal-record-check

Obtaining property by deception is S.15 Theft Act 1968

If it does not show on the list, it will be filtered

Does that clarify?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 2568
Experience: Solicitor
Jamie-Law and other Law Specialists are ready to help you
Customer: replied 5 months ago.
Thank you very much, have a nice week end.
Expert:  Ben Jones replied 5 months ago.

Hi there the above answer is wrong - the filtering system only applies to standard and basic checks because in enhanced checks the police have the option of including additional information from the person's police record which they believe is relevant to the application. So even if the offence would have even automatically filtered from other DBS checks, in an enhanced check they can manually add whatever information they believe is relevant and that can also include details of offences which normally would have become spent or filtered out. So if you are having an enhanced check done then this offence can show up potentially for life, if the police believe it is relevant to the application you are having the DBS check done

Customer: replied 5 months ago.
Thanks for your reply and for owning up to being wrong, very honest! Have a great week-end. Yours truly, Sara.
Expert:  Ben Jones replied 5 months ago.

Hi there it was my colleague's answer that was wrong, i am a different expert so I was just correcting the initial response you had received from them. If you have any further questions please let me know. Thanks

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