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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I have a juvenile record of which contains two reprimands,

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I have a juvenile record of which contains two reprimands, one for drunk and disorderly and the other for criminal damage. I then have a warning for theft and a conviction of theft. I am now twenty three and am in the middle of studying an access course at college, in the hope of going to university to become a midwife. It's important for me to do volunteer work. For example in hospitals to improve my chances of being excepted into uni but I have to have a DBS check and really don't want to declare it as I'm extremely embarrassed by my passed. Will all of this still be on my record? Please help! Many thanks.
hello I presume you are having an enhanced check done?
Customer: replied 1 year ago.
Yes in the near future I will be
Hello, sorry I was offline by the time you had replied. 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 So the issue you would face with Enhanced checks is that regardless of whether something is considered spent or not, if the police deem that your history is relevant to the application for which the check is being made, they can include it as additional information on the check. In effect that means that for the rest of your life you run the risk of having such information disclosed if the police believe it is relevant in the circumstances. So whilst you do not have to declare these matters unless you are told you are applying for an exempt position for which the ROA does not apply, there is a risk that they may be disclosed in the check if the police feel they are relevant and you would not find this out until the check has come back. 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
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