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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 60581
Experience:  Qualified Solicitor
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Will a spent conviction for fraud over 22yrs ago appear on a

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Will a spent conviction for fraud over 22yrs ago appear on a standard dbs check
Assistant: Where is this? It matters because laws vary by location.
Customer: London
Assistant: What steps have been taken so far?
Customer: None
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Nope

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

What was the penalty?

Customer: replied 11 days ago.
20 months

Imprisonment?

Customer: replied 11 days ago.
No thank you, ***** *****

ok but was it 20 months imprisonment?

Customer: replied 11 days ago.

Is it your only conviction?

Customer: replied 11 days ago.
only conviction

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. Your conviction would have become spent at the end of the sentence, plus an extra 4 years after that.

Whether a past caution or conviction will appear on it depends on what level of DBS checking is being undertaken. Standard checks contain spent and unspent convictions, as well as cautions, reprimands and final warnings

There is also a filtering system in place which removes spent convictions subject to certain conditions. The current guidelines are:

Convictions - 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.

This last part is the most important for you because yours did result in a custodial sentence which means that even though it is spent, it should still be included on a Standard check because that would show spent convicitons as well, unless they are filtered out but yours will not be filtered out as it was custodial.

Does this answer your query?

Customer: replied 11 days ago.
it does. To conclude it will appear on the DBS report ok?

yes according to the rules it should

Customer: replied 11 days ago.
Thank you

All the best

Customer: replied 11 days ago.
i will need it!!

Well it's there if you do, hopefully you won't

Customer: replied 11 days ago.
Do you think after 20+ yrs it will still show?

well yes as mentioned above, according to the rules it should

Customer: replied 11 days ago.
Ok, thanks.

No worries

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