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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50490
Experience:  Qualified Solicitor
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Unfortunately back in 1999 when a silly teenager, I drove a

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Unfortunately back in 1999 when a silly teenager, I drove a car under the influence of drink, without a licence nor insurance. I was convicted for this, had my licence endorsed and paid a £250 fine. It was a lesson, indeed!I am now an ordained Catholic priest and require an enhanced DBS check for absolutely everything, given that I work in schools, hospitals, etc. As such, my DBS is made available to each and every person responsible for safeguarding in the various areas of my ministry.I write to ask if there is any possible way of challenging what happens by way of disclosure, given that this was an isolated incident way back almost 20 years ago. Having to face this each and every time I require a DBS is a grave embarrassment and I feel it unfair that I cannot have this removed from future DBS checks simply because I was charged with three counts involving the one same incident.My DBS lists 1 conviction with 3 indictments and goes on to say "Not separately dealt with".Any advice would be most appreciated.Paul

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Did you receive a response to the letter you wrote to the Chief Constable of Merseyside?

Customer: replied 6 months ago.
I did, but it was a while ago now. Basically saying nothing could be done owing a requirement to include all information on an enhanced CRB check, as was back then
Customer: replied 6 months ago.
It just appears somewhat unfair to have to face this each time I apply for a DBS. I understand that a change in the law came about not long ago to treat a good number of offences as spent provided it was only one. As my DBS states "not dealt with separately" I was unsure as to what exactly this meant, and if it changed anything in this regard, given that it was one incident with 3 indictments

The issue here is that you are requiring an enhanced DBS check and these rules do not really apply to them. They are more aimed at Basic and Standard checks. With enhanced checks there is always an option for any information held about you on the police database to be included, as long as the police feel it is relevant. So whether this offence was dealt as one or as separate ones, it would not avoid the disclosure of this information by the police. There is currently no legislation which allows for the guaranteed removal of criminal records, and case law has actually confirmed that they can remain on a person’s record up until their 100th birthday. Saying that, the law does change over time and over the past decade I have seen numerous changes. I recently heard the government will again be looking at relaxing some of the rules so that in the near future there may be something new which comes along to help you in erasing your past, or at least give you options to minimise the impact it has on your life.

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 actual legal position. 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 I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

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Customer: replied 6 months ago.
Thank you very much... I'll bend the local MP's ear.
You've been very helpful

you are most welcome and all the best