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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 59601
Experience:  Qualified Solicitor
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Assistant: How can I help? can I ask a question about

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Hi there
Assistant: Hi. How can I help?
Customer: can I ask a question about criminal record checks
Assistant: Have any charges been filed? If so, when is the next court date?
Customer: It’s was 27 years ago and I was convicted of stealing from my employer
Assistant: Where did the theft occur?
Customer: Manchester, it was my only offence
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I was paying off personal debt and wrote a cheque to myself and was convicted

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

What penalty did you receive at the time and what is your specific question in relation to this please?

Customer: replied 3 months ago.
I received 12 months probation
I have been working for my current organisation for 17 years.
There was no requirement to disclose when I joined so they don’t know.
Now, as the organisation is FCA regulated, we have been asked to give permission for a CRB check.
Will I need to disclose and will it come out? I read about filtering but didn’t know if this applies?
Customer: replied 3 months ago.
Please could you respond via message as I am not available to talk cureently

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Hi there, do you know hat level DBS check you are having done – basic, standard or enhanced?

Customer: replied 3 months ago.
Not confirmed but likely to be standard or advanced

Ok thanks. If a person receives a formal criminal conviction, it is initially treated as ‘unspent’, until a specified rehabilitation period has passed, after which it is considered ‘spent’. These periods are determined by the Rehabilitation of Offenders Act 1974. 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 that is the case, but usually it involves jobs working with children or vulnerable adults or positions of trust). In general your conviction would now be spent due to the time that has elapsed since.

In addition, an employer may require an employee to undertake a criminal records check known as a DBS check (the new name for the old CRB check). Whether a past caution or conviction will appear on it depends on what level of DBS checking is being undertaken. There are three levels:

· 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 and entries on barred lists

There is also a filtering system in place which removes spent convictions subject to certain conditions. The current guidelines are that a spent adult conviction will not be included on a DBS check if 11 years have elapsed since the date of conviction, it is the person’s only offence and it did not result in a custodial sentence. Even then, it will only be removed if it does not appear on the list of safeguarding offences. Also, if a person has more than one offence, details of all their convictions will be included.

The full list of exempt offences can be found here:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/229718/list_of_offences_that_will_never_be_filtered_from_a_criminal_record_check_v1.1__xls_.xls

It is important to note that Enhanced checks are not automatically subject to the filtering rules and the police force that issues the check can still include details of the offence, even if it would normally be filtered out, if they believe it is relevant to the application for which the check is being undertaken. As case law has confirmed that criminal records can remain on a person’s police record until their 100th birthday, it means that there is the potential for certain offences to appear for life on an Enhanced check if they are deemed relevant to the application for which the check is required.

Does this answer your query?

Customer: replied 3 months ago.
Thank you.
It looks like filtering may mean it does not appear.
Do you know what kind of crimes the police may deem relevant?

Well if you were convicted of theft from an employer and you are now working in the financial industry, then they will probably think it is relevant, unless they consider the time that has elapsed to mean that it should no longer be included

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