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Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter. I will explain what has most likely happened.
Benefits fraud cases would normally be investigated either by DWP if it is main government benefits that were under investigation, or by the local council if it was local benefits such as council tax etc. Sometime, those agencies can ask the police to arrest someone on suspicion of benefits fraud and then interview them at the police station. Or, they can investigate and deal with the matter in house and not involve the police.
Either way, the result would be the same. If there was sufficient evidence to prosecute, then the matter would go to court. If convicted, you would still have a criminal conviction for benefits fraud. That conviction would show up on any DBS check when looking to see if you have any cautions or criminal convictions.
An adult conviction will be removed from a DBS certificate if:
Even then, it will only be removed if it does not appear on the list of offences which will never be filtered from a certificate. If a person has more than one offence, then details of all their convictions will always be included. The benefits fraud conviction does not appear on the barred list.
Further to our phone conversation, If a person has more than one offence, then details of all their convictions will always be included. With benefits offences, very often when a person thinks they have committed one offence, they have actually committed several.
The actual false application to make the claim is one offence, receiving the benefit when not entitled to it could be another. Failure to notify a change in circumstances in relation to that claim in yet another offence.
As a benefit fraud conviction is not on the list of barred offences, then it should be removed automatically after 11 years. However as above, if more than one offence, then they remain. As you are unsure exactly how many offences were included, I would suggest speaking with the authority who took you to court, as they will certainly have the details still on record. You could also try the local court.
You can also use the link below to obtain a copy of your own DBS.
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