We’re looking for examples where DBS ‘filtering’ doesn’t go far enough

by / Monday, 21 July 2014 / Published in Latest, News & Media, What DBS disclose

Following on from the Supreme Court judgement in Twe’ve been looking to pull together examples of where the DBS ‘filtering’ process doesn’t go far enough.

In short, the Supreme Court ruling applied specifically to the system in place before May 2013, when no filtering process existed. Since then, the DBS has introduced a system set up by the Home Office, but we know from our Helpline, and from the results to a Freedom of Information request that we made, that the system doesn’t go far enough.

As a result, we’re continuing to push for the Government to widen the filtering provisions. As part of this work, we’re looking for examples that show that the filtering system introduced in May 2013 doesn’t go far enough.

We’ve identified four key areas of the system that rules a lot of people out of benefitting from it, which are on the borderline of the existing rules.

If you think your situation fits into one of these categories, we want to hear from you!

Types of examples we’re looking for:

  1. If you have two (or more) ‘offences’ as part of one conviction – We’d like to hear from you if you’ve only been to court once, but you were charged for two ‘counts’ which would be eligible for filtering if the system wasn’t limited to ‘one conviction/offence’.
  2. If you have two separate convictions – We’d like to hear from you if you have two separate convictions, which if the system wasn’t limited to ‘one conviction’, would be eligible for filtering. In particular, we’re particularly keen for examples where one conviction was when you were under 18 and one when you were over 18.
  3. If you were cautioned or conviction of certain offences that are not eligible – We’d like to hear from you if you’ve been cautioned or convicted for a ‘borderline’ offence which falls into the list of offences that currently cannot be filtered. Examples might include:
    1. Assault occasioning ABH (s.47 Offences Against the Person Act 1861)
    2. Robbery (s.8 Theft Act 1981)
    3. Loitering for purposes of prostitution (s.27 Sexual Offences Act 1992)
  4. If you received a short prison sentence or a suspended sentence – We’d like to hear from you if you’ve been given a suspended sentence, or a very short prison sentence, which would be eligible for filtering if the rule didn’t exclude convictions which resulted in a prison sentence.

 

Any of the above apply to you?

If your situation fits into one of the above, we want to speak to you. The more examples we get, the better chance we have of getting the filtering process changed in the future.

You can get send your details to policy@unlock.org.uk.

In your email, please send us:

  1. Your name
  2. Your date of birth (we need this to calculate your age at the time or conviction or caution)
  3. Contact details (email and telephone) and how you’d be happy for us to contact you
  4. Which example above you think your case fits into
  5. The details of all your cautions/convictions including the dates (if you have a copy of your criminal record, please send us a copy)
  6. How the continued disclosure of this has caused you difficulties in the past, and/or how it continues to cause you problems

Any personal details that you send us will be entirely confidential and will not be shared outside of Unlock without your express permission.

For more details on sending your details to us, click here.

 

You can find out more details about our policy work on the DBS filtering process.

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  • Hi.
    I was cautioned in 2008.
    I was literally called via the phone by the police officer to come into the station and explain.
    I explained what happened, and then i was told that they would issue me with a caution which would stay on file for 3 years.
    I currently work in the health care industry, and have always worked in the health care industry for over 10 years now.

    I applied for current work recently as extra work, notifying that a caution may possibly be still on there, however was told be cleared after 3 years.

    This was not the case.
    I recieved my enchanced DBS with caution still remaining on certificate.
    I then contacted the customer line where they informed me it will be on their for 6 years, and then told me to contact the unlock contact number for further advice.

    The recent job i applied for i had declared possible caution, and now it appears im judged automatically as still remains on certificate.

    We live and learn from acts of impulsivnes, and in my case i was sent something and then sent it back and explained briefly to employer and yet its unfortunate when you try and moved forward and explain your past its judged upon even when sucessful at interview.

    Police officer should not give incorrect information and if they had told me at the time it was longer then i would have accepted this but to find its still on there just deflats your hopes slightly as employers do judge as much as they say equal opportunities.

    Thanks for reading

  • Steve

    Hi,
    i was convicted of unlawful imprisonment and given a 6 month custodial sentence. I have never been in trouble since. It is now over 20 years since that happened. Is this still listed on a standard CRB check and if so, why? Have i not been punished? Does my punishment last until i am 100? This is ridiculous and against my human rights.
    thanks
    🙁

    • admin

      Hi Steve. Unfortunately, it sounds like it would still be showing on a standard or enhanced DBS check. It wouldn’t come back on a basic check though. Your type of situation is the reason why we’ve asked for people to get in touch with their examples. Please send an email to policy@unlock.org.uk with details that we’ve asked for this news post. Thanks.

      • sammy dean

        Hi I have gone for a volunteer teachers assistant job interview working with secondary age school children. I do not have any criminal convictions what so ever but a family member I live with has a spent conviction, he had a fight with another adult which happened 4 years ago and he ended up paying a fine, anyway when on this volunteer interview the man interviewing me handed me a questionnaire asking to disclose specific information one of the questions that I was worried about was: ‘are you living with anyone that has a conviction of violence to an adult or child?’. I just wanted to know what my job has anything to do with living with a family member with a conviction particularly with the fact that this person will not be coming in to contact with any of the children as I will be the one working in the school. its not like I am applying to become a childminder or foster carer having children in my home. So I do not understand why they need to know this information, like I said I have never had any criminal convictions. I am just wondering is this going to pose as a problem for me working with children and will this come up when I actually apply for my DBS check which I am in the process of doing. I don’t see why it should be an issue and do not want to have to explain anything that has not even got anything to do with me to an employer. I would appreciate it if can anybody shed some light on my situation.

        • Doug

          Hi Sammy. This comes under what is called ‘Disqualified by association’. Under the Childcare Act 2006 an employee has to disclose unspent convictions of any person who lives with them. This covers Primary school teachers, nursery staff and others, covering children up to the age of 8. Below is the web address to our information hub page, “Childcare Disqualification Requirements – Primary school teachers, nursery staff and others – ‘Disqualified by association’”, which explains this subject in greater detail.
          http://hub.unlock.org.uk/knowledgebase/childcare-disqualification-requirements/.
          I see from your post that you are applying to work in a secondary school and your family members’ conviction is spent. Therefore, you do not have to disclose your family members’ conviction. I hope this advice has assisted you, if you have any further enquiries, please do not hesitate to contact us. Doug – Unlock.

  • Paul

    The recent changes to the Rehabilitation of Offenders Act create an odd paradox. The exclusions are designed for those working with children and vulnerable adults. Yet they apply to financial services. This creates the oddity that financial crime such as minor theft need not be disclosed to the financial conduct authority but a relatively minor sexual offence does.

    In 1979 I received a conditional discharge for indecent exposure. I was at school a the time but was 18. Celebrating finishing school I “mooned” passersby but didn’t appreciate the legal difference between exposing my bottom rather than my genitals. I then developed a carreer in financial services. From the start my conviction was spent so not disclosed. When I had to register with the then regulator the Finacial Services Authority (FSA) 2001 they only had a partial exemption from the Rehabilitation of Offenders Act for financial crime. So I did not have to disclose. In 2007 this changed anf FSA is completely exempt from the Rehabilitation of Offendrs Act. When I changed jobs this did not matter as bizzarly some sections of Finacial Services industry do not require registration. Now this is changing and the role I am in will need me to be registered next year with the regulator now called the Finacial Conduct Authority. I thought the changes in May would help me. After all it is one conviction over 30 years ago with a conditional discharge and hardly relevant to fi acial services. But my offince is deemed relevant for the Finacial Services Industry. Surely the protected disclosure should relate to the industry a person is working in?

  • Sally

    The new amendments to the DBS filtering are not only long overdue and outdated but also do not represent or take into consideration minor offences over a small period of time. When I was a teenager I received two counts of theft for stealing on the same day as a juvenile dare – which now count as two convictions. I have since gone on to work extensively in the Social Care field after completing two degrees. Of course I never did anything like that again. As 75% of all criminal record checks done are enhanced I also had to have DBS Checks completed for my University placements which was embarrassing and I keep having to feel the need to explain myself each time even though this happened over 11 years ago when I was an impressionable teenager coping with the death of my father.

    It has been my lifelong dream to either work in either law, with children or the social services and I am discriminated against due to this marr on my record. I have applied for the P.G.C.E Course in my chosen university but was told by administrators that despite my glowing experience and skill set that my record, in this hard recessional period has made me stand apart from other applicants with less experience that are excepted.

    Additionally I was unable to gain employment for an excruciatingly long time. I am someone who has always worked since the age of 16 years old and this was so upsetting each time I was turned away after I had my DBS completed. It is only through an agency that I have managed to secure work on an ad hoc placement. The current company I am based at the manager is highly unprofessional and has no boundaries between herself and the staff. On the first week of working there I walked into the kitchen where some staff where gathered and I overheard them saying that the manager had disclosed on the weekly Friday staff drinks night that I had convictions on my record unspent. I was mortified and humiliated. I have informed my agency who were sympathetic but as I cannot prove anything and the people are denying saying anything I now face the prospect of not working again or being made to feel like a leper everyday in my work environment.

    • admin

      Hi Sally. Your case is precisely the reason why we’re looking for this evidence. Could you respond to the ‘call’ for evidence by sending over your situation to policy@unlock.org.uk? Thanks.

  • xx

    When I was 19, I was convicted of a minor theft. A year later I received another conviction for not beeping my oyster, this means I am exempt from the filtering system. I know it was completely stupid, but I believe it is completely unfair to punish a person for a stupid mistake they made at such a young age. I would like to bring this up as an evidence case. Sorry if it’s been mentioned before, but what information do I provide in the email to policy@unlock.org.uk? Thanks

  • Natalie Jade

    Hi,
    I’m currently writing my story after spending the last few weeks/months looking at jobs that i am a perfect fit for but yet cannot apply because of this change in the system.

    At 15 i was out after school when i was involved in an altercation with three other girls. These girls surrounded me and started to batter me for no particular reason. However after being brought up to defend myself and feeling cornered i fought my way out of the situation enough to run away and i thought no more about it. Months later the police turned up at my door stating that three girls had reported that i had attacked two of them randomly (im guessing they thought i would of gone to the police and did this to cover there backs on the night) and asked me to attend the station. At the station i was stupid enough to think that the truth would fix the situation so after being in a cell for 4 hours i explained to the officer in interview that the girls approached and attacked me and that after taking a fair beating i pushed one of the girls over and punched another so i could get away. What a mistake!! Apparently despite being out numbers 3 to 1 this was not self-defence and i was charged with two counts of actual bodily hard and bailed till a court date. Over a year later the case finally went to court and despite my clean history, personal references from teachers, and my dreams to be a paramedic the magistrate had no interest in the circumstances and situation surrounding my so called crime. Seeing this solicitor advised me that the magistrate would most likely find me guilty of two counts of abh despite me saying i was not guilty and the sentence would be harsh. So the best thing to do would be to have the charges changed to two public order offences and plead guilty to them so that myself and my family could go back to day to day life. Which is what i did, foolishly thinking that would be the end of that. How wrong was i?

    I am now 21 and in June i graduated with a 2:1 degree in criminal and forensic psychology. Alongside this I have and still do volunteer at the local courts for over a year. I did have to do a CRB for this placement but after a slightly embarrassing explanation of my situation they totally understood and allowed me to work there. I have also had various part time jobs alongside uni some which did and didn’t have crb checks but because my conviction was spent under the CRB system I at least stood a partial chance as long as it was not an enhanced check I did not have to disclose. However now ive finished uni and i am looking to start a careerwith the introduction of the DBS means that im going to have to disclose for even simple admin jobs and we all know everyone judges on that disclosure.

    Thanks 🙁

  • Tanya

    I have just registered with a Nursing Agency, 4 months ago this year, in a view to gaining some temporary work and they applied for DBS on my behalf. I waited 3 months for this to come through and on the DBS, it shows 2 convictions.
    1. Assault on Police 2003, where I attended court and received a 12 months conditional discharge, costs of £69 and compensation of £50. I was 20 years old at the time and living in poor housing conditions, which led me to having a breakdown. The property was of shared accommodation and the tenants were not getting on. Having had too many to drink that particular day, I ended up fighting with another tenant and police were called. The restrained me, and when I resisted, I hit at the police officer. I was then charged for assault.

    The second conviction occurred in 2011, however I was dragged up to court in September 2013 for an overpayment of benefit of £2100. The overpayment occurred as a result of misunderstood information about casual work and entitlement to benefit. As I hadn’t been on benefits for very long, I was told that I could work up to 16 hours and keep my benefit as I was a single mother. I hadn’t even worked 10 hours a week, but yet they said “I failed to declare my change of circumstances, causing an overpayment of benefit. The Judge at Barkingside magistrates Court agreed it was under the threshold to be considered an offence, of which those who had received an overpayment should be brought in and I was already paying the sum back to Department of Work and Pensions. The judge decided that I had suffered enough and should just continue to pay back the amount. He therefore gave me an ABsolute Discharge. And this shows on my DBS certificate.

    I very unhappy about the conviction showing up on my Enhanced Disclosure certificate (DBS), as my life has moved on a lot since the first conviction and I am trying to embark on a new career that I am very passionate about, which is Nursing. I am also very unhappy and disappointed that I now have the second conviction on my DBS, which I thought wouldn’t show up, as I was not convicted by the judge, just told to continue paying back the amount. This will affect me heavily in the future, as it makes me look dishonest and it seems for the rest of my working life, I will have to constantly explain what happened to me, which I hate having to do. I believe I will be terribly affected by this, particularly if want to work for the NHS and all my efforts into trying to get a Degree as mature student may well just got to waste.
    Thanks

  • Laura

    4 years ago I got a caution for benefit fraud. I have no other cautions or offences.

    Does this need to be included in DBS check or do I leave it off?

    Please help, I’m ever so confused

    • admin

      Hi Laura. It seems like it would be filtered after 6 years if you were over 18 at the time. We’ll email you so that we can be sure you’ll see this reply. Thanks.

  • doreen

    i have a warning for burglary which i committed at 16 to my mothers home. and a conviction for shop theft. i know my shop theft conviction will b filtered but what about myy warning? i dont think it will be but im unsure

    • admin

      Hi Doreen. We’ll reply to you by email so that we know that you receive it.

  • Sarah

    Hi I had been arrested and charged for affray when I was 17 for fighting in a public place and throwing objects which was a cardboard box. I am now 22 and has no further offences. Would this show up on a enhance check if not is there anyway I could as I want to be a teacher and this would make it very hard

  • Wioleta Kaduk

    Wioleta

    5 years ago I have been prevented by Police getting into my car while under influence of alcohol. Since I wasnt driving I have argued the reason of asking me to provide a breath sample which in effect resulted in full blown argument with 2 Police constables them trying to get keys out of me and me trying to resist. If Im not mistaken here. In magistrate court I have pleaded guilty (after finding myself that being in possesion of car keys while drinking is perceived as offence itself in UK). I pleaded guilty and as far as I remember I have pleaded guilty to failing provide breath sample and Assault of Police Officer. I have been ordered to pay, lost my driving licence for 18 months. Reading rules on filtering records, that would mean that for that single incident even after 11 years I will be held responsible.

    Despite the fact of admitting a guilt I feel now i should have been fighting in court to get not guilty verdict since the system doesn’t work in favour of people understanding their mistakes and learning from it. Punishment for doing wrong in the past destroy peoples life and chances for having fulfilling careers in many areas. And often those unable afford private lawyers end up being pushed into corners of the society if compared to those who could pay for successful defence even if guilty

  • Nanny Dragon Rocks x

    I have 2 convictions for theft from May 2002. I received 12 months probation and 100 community service as the judge said I needed help not incarceration. I have managed to get a job working for the nhs which was great until I got a new boss who is able to see my file and now quite blatantly treats me differently to everyone else. I applied for another position but was turned down because of my conviction as I was deemed to be a high risk. If my offences had been filtered out I would have been able to get this other job and move on but now something that happened at a time when life was not good to me is still holding me back and stopping me from making successful moves forward in my career.

  • Sean McGarvey

    Hi I was found guilty of affect and given a fine 4 years about need to DNS check for job at nhs. How would I go about answering the question on criminal record.

    • Steve

      Don’t apply for the position is the simple answer – Don’t torture yourself thinking you can get a meaningful job

  • michelle

    Hi I revived a conviction for theft from an employer 23 years ago of which is my only conviction is this classed as “protected” .
    Many thanks

  • Oliver

    I received a caution for Assault occ ABH for a stupid drunken fight in a nightclub when I was 22. It is the only time I have been in trouble with the police and as a result I owned up to it on the night and received a caution for the offence. I was studying Criminology at the time and have since graduated. Any job I am remotely interested in (including working as a Paramedic) require an enhanced DBS check. Has my offence ruined my life and any goal I have to work in the legal or health sector? From what I can understand because of the nature of the offence it will show on an enhanced check forever. I am so completely gutted about this and feel I will never ever be able to put my degree to good use or do anything I am passionate about. I feel this is completely unfair, I accept I was an idiot and was going through a rough time at the time of the offence. I can’t see how the DBS procedure is proportionate to what I can do in my later life. I hope you can help me.

    • JessicA

      I feel the same. I want to be a teacher and have the same issue. My degree is meaningless while my caution is showing im hoping it gets stepped down in a few years but I feel like I can’t live until then

      • Oliver

        Hi Jessica, I know how you feel, when you think about it it doesn’t seem fair. Granted we committed a crime and need to be punished, but for the rest of our lives? what is the point in it being a caution if it carries the same affect as being sent to prison for a year? effectively ending any hope of following our dreams? it just seems too extreme. I have read up more on the issue and the only hope is that your prospective employer uses discretion – all I can suggest is try and do some voluntary work and write a letter explaining the situation with any job application. Unfortunately we live in a world where ‘risk’ is a key factor in any employment, why take the risk with someone who has offended previously when they could choose someone who has not. They could face legal proceedings too if they hired someone with a caution and the re-offended in the line of work, no matter how unlikely.

        • Tina

          Hi guys, I have 2 convictions from 1989 and 1991,gained while going through a very bad period in my life. I got a job in the civil service in 1992, despite disclosing 1 of my convictions (the other one was covered by the rehabilitation of offender act), but following redundancy in 2009 I am now finding that the DBS checks are holding me back. I payed a huge price at the time of those convictions and I did everything I was required to do at the time. I now find that 25 years or more later, they are coming back to bite me on my posterior. Wasn’t the price I paid sufficent? Why am I paying again?

  • TCM

    I have some convictions from over 15 years ago, driving one, theft and a drunk disordily due to my partner at the time fighting… will all these show as I have more than one? or can they still be filtered out

  • debbie

    Hi I have a spent conviction over 30 years now will this show up on a enchanced drb as I am waiting for it to come through

    • Dan Weeks

      Nothing is ‘Spent’ on an enhanced DBS check..

  • Layla

    When I was about 14 I was arrested for theft and at the age of 16 I was arrested for having a fight with another girl, I was sent to court and had to do community service.
    I was a silly teenager (I am now 24) with a bad attitude but could not be further from that now!
    I have recently been offered a job working with children and want to accept more than anything but the only problem is…..worrying about these showing up as I’ve read so much about the filtering but still have no idea!
    I don’t have enough time to fill that form out from the police station as they need an answer by next week and I’ve read it takes 2 weeks to 40 days 🙁
    I have considered just simply telling the employer but I’m so worried this will ruin the rest of my career and life. Thank you I hope you can help.

    • Steve

      Due to your criminal conviction you will not be allowed to work with children – You will cost too much to insure , be considered too high a risk and therefore no chance of getting the job – Either live off the state , sponge off a relative or look for minimum wage jobs which no one else wants to do. Your chances of getting a job cleaning toilets is zero as vulnerable people uses the loo as well !!!!
      I am a convicted criminal ( public order offence) and my life is now not worth living

      • tosin

        You are just a very negative person, just because you have criminal convictions doesn’t mean your done for. I have 2 convictions 1 that was handling stolen goods and one that was common assault and both where 6years ago. I have had jobs since then in social care working with children and vulnerable adults and still am. Try harder mate!

        • Dan Weeks

          My ex works as a home carer. She was sent down for 2 years for ARSON. With help from a support worker after her release and letters of reference they accepted her. She has changed company 3 times and been honest and still continues to work. All is NOT lost, just be HONEST and UPFRONT.

      • Linda P

        I was bullied for years by a neighbor snapped and scratched her garage ended up with a caution for damage. Family cut me off years ago, snapped and sent threatening letters to them, another caution. My life is over but my father could get a job working with children even though he spent 13 years beating me. I’ve also been sectioned, no doubt all of that will show yet the real bullies and abusers get off scot free.

  • Richie

    I have recently had an enhanced DBS Check carried out.

    It came back showing a conviction dating back over 31 years ago.

    At the time I was 16 and worked part time before school in the mornings.

    I was fined on two counts of theft and the fines were £20 each.

    I mistakenly thought I was now FINALLY protected by FILTERING introduced in 2013, but now know my one conviction is being treated as ‘multiple’ as I was fined on two counts that day.

    When are the rules going to change?

    This is ridiculous, filtering is flawed is it not?

    I am now a Chartered professional but continue to suffer all these years later.

    What pressure can we exert on the govt to make the 2013 filtering system of benefit to the 9 million ex-offenders?

    What use is the Rehab Act?

    I do think, after 31 years, having paid a small fine, with one conviction, I should be able to complete a DBS with a clean sheet???

    • Steve

      Unfortunately your chances of ever getting a worthwhile professional job have gone. HR in the vast majority of companies will remove you from the process for being a convicted criminal. – In effect you have been given a life sentence for your crime. There is little you can do about this- My advice is to give up and live off the state ( or a relative) – There is little point in looking for any type of meaningful work

      • Karen

        I didn’t think a employer was interested in past convictions only present I’ve been nmy current job for 3 years and I’ve just recently sent off for my dB’s and it came back with 2 convictions from 25 years ago.I’ve been in healthcare for 15 years and filled crb in before never had a problem.but don’t know if I will with my present job. it’s very worrying

      • Michelle

        I think your advice is pants, go for what you believe in.. and its not possible to live of the state and neither would myself possibly want to.. Its unfair and something needs to change

  • kayleigh

    I have just got my Dbs back and had hoped that I could finally hold my head high. No such luck !! I also have 2 convictions for the same offence issued together over 30 years previously at the age of 16. I received a conditional discharge on both counts (theft) and a £16 fine. It’s ridiculous to think that this will continue to haunt me. I am in senior management in a school and feel I will never be able to change jobs as I will have to rely on another establishment being as understanding as this one. I dread the day we have a new leadership as this may also force me out of a job I love.

  • Jake

    Hi. Do filtered convictions show up on a physical police reply (subject access)? I need to submit one of these to a foreign embassy and I’m wondering whether or not I should be honest about my one conviction. Appreciate any advice.

  • Molly

    I received a simple caution in 2012 for using a disabled blue badge which had expired. I am eligible for the blue badge but just made the stupid mistake of displaying. Do I need to disclose this on a standard DBS or will it only be filtered in 6 years time?

  • me

    I was cautioned in 2013 and have recently graduated from university. I’m not applying to any jobs involving children or vulnerable adults as my sector is unrelated to that,will I still need to have a dbs check?

  • Sarah

    Hello, I’m not sure I am on the right forum here, apologies if I am.In 2012 I was convicted of benefit fraud. It was a terrible time for me, I’ve never been in trouble before & haven’t since. I had to go to court & was issued a 7week curfew order. As well as paying a court fine & the benefit money back.
    I am very ashamed of all this & would ask you not to judge me. I was going through a hard time & had lost my baby daughter, I wasn’t thinking straight when filling out the forms.
    Anyway, I am now 35, my life has turned around. I’m now married with a beautiful baby.I would love to train to become a nurse & make something of my life. The only thing stopping me is this. I don’t want to waste 2 years of my life ,only to be kicked off the university course because of this conviction.
    The police were not involved, I’ve got a great character , I’ve always worked and I’ve never been in trouble before.
    Can you please tell me where I stand regarding a CRB check? As I’ve never been told & I can’t get an answer when I Google.
    Is there any chance I can fulfil my dream of becoming a nurse, or is that it for me?
    Sorry to go on, thanks in advance

  • lauren

    Hi i had a voluntary interview with the police as my child had an unknown injury. this was taken no further. would this show on enhanced dbs?

    • Dan Weeks

      NO! They were just checking on the welfare of the child.

      • Loobey

        What if it wasn’t a voluntary discussion though? I accused my dad of hitting me to the school to get out of trouble of dogging school. I know i am deeply ashamed of this but my dad and I are on great terms. The police came that night with social work. He wasn’t arrested or taken away. He is now applying for a janitorial position in a school. Will this show up on a pvrg? Have i ruined his chances for him?

  • carl

    hi i was convicted of possetion of canabis and resiting a police officer would this show up on a dbs check and if so would it affect me getting a job in any way? thanks

    • Dan Weeks

      Again, depends on the check. Anything more than a standard and 6 years clear. An enhanced or more will show everything. Not good to have a drug related charge.

  • fufu

    Hi , I am really worried about applying placement for childcare and I’m not sure whether my DBS check will affect as back last year I had an interview under caution for benefit fraud and it was really stressing time that time but now things changed as I’m paying Bach the overpayments . So will affect doing my childcare carer. Please can anyone give any clues? Please please

  • jane

    Hi I had a suspended sentence 20 years ago for nuance phone calls. Will this show on an enhanced C.R.B?

    • Dan Weeks

      Yes, Definitely. You were still sentenced but avoided a visit to prison. Obviously you stayed out of trouble so therefore avoided going away.

  • Dan Weeks

    Yes, cautions are also included in an ‘enhanced’ DBS check.

  • Lisa

    Hi sorry this long but I am so stressed, I have a chance to use my HNC social care qualification however 4 years ago I became very unwell my ex didn’t come to birth of his child I ended up with post natal depression I have an older child with diff ex partner with me unwell my older child went to live with his father and he got custody, my youngest got put on child protection register only for few months till I pulled myself together then he got removed, also during this illness while in the volatile relationship my ex got me arrested due to volatile texts to each other I was charged and put in a cell then next day a judge came took me out cell and told me it was illiberated and I was aloud to leave no court I’m so confused I’m I still charged or was this a warning, also I was cautioned when with head in clouds I didn’t realise I had opened and gave my child cheese dunkers and left shop without paying but received a letter from police that no further action was being taken, I got out relationship grew stronger again and have had no trouble for 3 years, the job etails working with autism, will my custody battle and court hearings for eldest son show up on pvg, will child protection register show up when my child was removed 3 years ago, will my 2 cautions show up from 3 years ago, I’m so worried one bad relationship has ruined my 4 years learning in care before all this bad things happened, kind regards lisa

  • John

    Over 20 years ago, a girl I was pretty close with was about to get caught with some marijuana. She was from New Zealand and training to be nurse. So she wouldn’t get into trouble/deported/lose her job in a caring profession I stupidly held onto it for her. The police found it on me and I was expecting a wrap on the knuckles as I had no history. Unfortunately the girl also handed me an ’empty’ bag which had apparently been used to hold amphetamines in. I was completely honest the whole way through and the judge just told me I was pretty stupid but because I admitted it he still had to give me a suspended sentence. It was 2 counts though, holding the marijuana and the ’empty’ bag which was only just enough to even get tested but proved to have non-prescription drugs in it. Will this be filtered and allow me to carry on my job? or should I just come back to the UK and live off the state?

  • Caroline

    I got my check done only to realise I had a record for police assault, I touched a police woman’s arm & she said I assaulted her, it was never took to court, as I never heard till of it again, that was 5 yrs ago, I have always worked in the kitchen in schools but ended up losing my job as they said I’m a danger to children

  • Paul

    I got convicted of criminal damage and assaulting a police officer in march 2000 will it still be on my DBS record 16 years on. As I want to apply for a job which requires a DBS search

    • Tracie

      Yes it will be. Mine 2 separate convictions are shown on there an I got my dbs back on Monday. Both convictions in 2000 n 2003.. everything will show up no matter how old. Rather depressing when u can’t do the job u want n got so close to doing.

  • Zen

    I have 1 conviction with 2 counts of offences for the same crime. Why are the counts of offences considered as multiple convictions? Makes no sense.

  • FetteredFiftyPlus

    I am almost 51 years old. I am married, have had a family, and haven’t done exceptionally well throughout my life as far as my career is concerned. Well it hasn’t really gone the way I had hoped, put it that way. Nothing wrong, but nothing right either.

    When I was barely 18 years old I was attending agricultural college and one evening to celebrate a friends birthday we (my then girlfriend and ‘friends’) all went out to the local country pub. Come closing we had all had far too much to drink. Outside the pub my ‘friend’ chucked his car keys at me which I caught. He asked me to drive his car back to the farm where I lived. That moment changed the course of my life irrevocably. As they all staggered back to the farm I foolishly got into my ‘friends’ clapped out old car and drove it towards my home …whilst intoxicated. No one else was in the car but me, not that it makes it any better. I didn’t get too far before being stopped by the Police. I was arrested as I was clearly not sober. I immediately admitted to drink driving but what came later just made everything so much worse.

    My ‘friend’ claimed he didn’t even know me and hadn’t authorised use of his vehicle, and told his father (who he was frightened of) and the Police that I’d stolen his car. I did feel foolisly irresponsible and ashamed at my idiocy and through some misguided act of loyalty (I didn’t want to get him into trouble as well as me) I never denied it. So when I went to the magistrates court on my own, without legal advice or representation I was charged with taking and driving away and drinking and driving. I was given a suspended 6 month sentence (suspended for 12 months) and banned from driving. I don’t recall the amount of the fine, but I was given significant time to pay it as I was on a pittance of a grant for college and had very little income of my own and that was taken into consideration.

    Anyway, the fine was eventually paid and I never went to prison or was in trouble throughout my life, excepting a caution at a lawful demonstration some years later. But a single act of gross stupidity one evening so many years ago has followed me around for my whole life. I had no idea what impact this stupidty would have on the rest of my life at the time. That one mistake limited my options and signifcantly.

    So is it in any way reasonable to expect me to explain my actions as a stupid boy for the rest of my natural life? That young boy isn’t me now. But once you are convicted there is no differentiation of time and context and so the conviction is actually for life. This is absolutely wrong.

    A gross error in judgement made as a ‘young man’ has tarnished and limited my life and until that error is wiped away and allowed to be forgotten about I will be never be free from the mistake. Imagine if I said to someone that had done me a misdeed that they could pay me back and after that I’d forgive them and put things behind us and then brought the offence up over and over again for the rest of their lives? That would make me a truly dispicable and cruel person.

    • Louise

      I am a mere 27 years old to your 51 and I’m scared I am going to lead a very miserable depressed life due to my abusive relationships that I had when younger . During my relationship I commited shoplifting offences , defended myself with a nail scissors weapon and received a caution for ABH because of it !! And falsely took the blame for a few cannabis plants even though I am anti-drugs . I have young children and am trying to secure a job in psychology . I have a great passion for it ! I got refused entry into many medical schools and now I am scared that the professional body of psychologists will also deny me . I have emailed them asking them if I should bother carrying on with my degree (there’s no point if I can’t train to become a psychologist ) and have noticed a clause that says they have the right to refuse anyone who has ABH on their record! I wish I could allow them to see the detailing behind the conviction because after all ABH could mean anything !! Unfortunately data protection says that They cannot even with my permission see the details held on the Police national computer about that incident ! If I was them I wouldn’t allow me to practice as a psychologist as I have ABH on my record and I could have attacked an elderly person or a child for all they know !! Why trust what someone says ? ? The whole situation actually makes me ill ! I cannot bear the thought of working in a supermarket , factory etc for rest of my life . Psychology is my
      Passion ! I feel for you !x keep strong X

  • Chris

    since it changed to dbs my pre 18 spent convictions now come up as aposed to nothing on a crb this led me to loose my 30k a year job aged 24 in finance but hey ho at least I’ll be able to work in a factory for minimum wage total shit

    • Emma

      Its demoralising. If you have proved yourself in a job without issue it shouldn’t matter. Im the same currently, considering a route of self employment where i dont need to justify myself to anyone. What ill do though im not sure

  • Lindsey

    Hi I have had to deal with having 2 things on my record for many years now. I had Arson in 2000 and Criminal damage in 2003 I think. well I’ve had many enhanced DBS / CRB checks done in my line of work. I have worked with children and with elderly and Adults with learning disabilities. it has always come up on the checks and then I got a new check through today and my last offence has been wiped off after 13 years but the first offence 16 years ago still remains. No employer is allowed to hold an offence against you after a certain amount of time. It is rare that I have not got a job I went for an interview for and I doubt that any job I didn’t get was due to my criminal record. it is against the law as it is discrimination. Don’t panic. hope this helps 🙂

  • Joan

    I am a nurse and was charged with benefit fraud working one night a week while claiming income support this was in 1997. This was 1 conviction with 2 counts. I have worked but last time my CRB was clear. Now with the DBS it is now showing up again. i just applied for another job working as a Disability Assessor and I was declined an interview because of this record.

    It is unfair as people do try and better themselves but it is so difficult.

    • AIMEE KAUR

      Did you have issues with hcpc registration because I declared that 16 years ago I got done for housing benefit fraud ( I genuinely thought I cold work 16 hours and claim) I got fined and suspended sentence for 12 mths. I’ve just finished my degree and hcpc are referring me to fitnest to.practice ??

    • Alison

      Same boat !
      Benefit fraud 21year ago , been in same job 6 years but they require new check every 5 years ! So originally I didn’t hdve to declare it but now they going to see it !

      It stinks

  • Scotty

    Hi,

    I was cautioned 10 years ago when I was 18 for aggravated assault.

    Would this show up an enhanced CRB or will it qualify for filtering, my employer qualifies for exemptions to the rehabilitation law as they work with vaunrable adults.

    KR

  • Heather

    I received a reprimand when I was 13, I am now 21 years of age. My reprimand was for minor assault. Will it still be on my DBS?

  • THE LIMIT

    I did unpaid work whilst claiming they said I should have declared it even though it was volutary,it was 30 years ago,but its prevented me from applying for jobs its a death sentence and you should be down graded to none disclosure after 25years. At the time they procecuted everyone as detection levels where low,I’m sure today they would just let me repay the £125. How did they catch me? “They didnt!” I told my careers officer about the voluntary work. It counts as five convictions, one for each £25.

  • THE LIMIT

    Between 2008-2009: 390 MP’s admitted making fraudulent claims on their expense,s 96 million was claimed a record for that year. Most including Gordon Brown repaid the money, claims for porn,lawn mowers repairs, barbecue,s,Christmas bonuses to cleaners. Only a handful were referred to the CPS. Neil Hamilton is a MP in Wales after going to prison. They should have gone back 30 to when records began that’s the sentence they have given me. Harold Shipman didn’t have a record whence committed the murders. Allot didn’t have any convictions so why condem us for life! I don’t have to say it because it’s easier,I third of unemployed are are on the dbs check list.
    In France you can apply to have them removed. I would like to take just one of them through the County Court for stealing our taxes.

    Us and them unfortunately we are the “them”

  • Emmah

    Hi,

    I have no criminal background but I live with someone who does, will this affect my encahnced dbs?

  • Emma

    1 Stupid mistake made as a teen will follow you for a lifetime….the system fails hard with this. I have a caution for theft after drunkly trying to buy vodka shots while underage (17years), being a clever job shite teen that i was, when the store assistant would not serve me i had the attitude i will just take it……sigh
    A choice i have paid for ever since, i believed it would not show on a DBS as i was under 18 at the time of the offence and 3 years had past but when i applied for a job in a carehome it was on there, its embarrassing trying to explain that…. and i really dont want to explain my actions (when i was 17) anytime a job comes up that requires a DBS. I had hopes of working in biology (medical or forensic) as i A* bio and love it but this put me off following it through. I have not broke the law since that day, i have grown up, i am mother of 4 beautiful children and work as a cleaner/shop assistant. Its work but not what i wanted to do. People should not have to pay forever……

    • Michelle

      I totally agree and after being made redundant and I felt like a criminal going to the job centre to sign on , cause that’s how they make you feel…
      The first question I got asked was could I speak welsh because their was a job advertised at the police station for an Admin Office, and I told my J.S.A office, their are so many jobs that I am qualified to do but my enhanced disclosure penalises me .

  • Nozzer

    They will if u go in front of the board to explain

  • Michelle

    Hi, I have convictions from 20 years ago as being a teenager.. The last ten years I have worked as a school secretary , a tutor support officer until I was horrified when my enhanced disclosure was sent to me. I had to explain to a college that I had been working at for nearly 1 year that I thought spent convictions were spent and actually didn’t penalise me against my ambitions and employment. I was kept on in my job as they understood that I didn’t have the best childhood and I had a criminal record but I had changed and they understood that and took me for the person I am now.
    Now I am 36 yrs old and I would love to care for the elderly after working in administration for over 10 yrs.. I have been told after an interview at a care home, after willingly showing my previous enhanced discloser , I would never be considered for this job role which does really make me feel upset and think how does the system work and give people like myself a start in life after 20 yrs of a conviction as a 15yr old . I rang the CRB bureau last week and they confirmed every conviction how minor will always been on a disclosure.. I personally think this is discriminating people like myself to fill their ambitions in life…
    I hope that their is some light on this and there is a happy outcome and I can have a career which I would
    love

    • Alison

      I’m
      IN exactly same boat ! I’ll never do job I want in care , makes me ashamed my county

  • Emma

    I work in gp practice in administration, depends on the practice mgr, i thankfully have managed to get & keep my job with drink driving and theft by employee 14 years ago.
    If you were acquitted though, im not sure why it even showed up at all

  • Phil

    In 1989, when I was 22, I was given 2 years probation (non-custodial) for Aggravated Burglary with Intent to Rape. Since then I have had no issues and had a successful career in IT. However I am now approaching 50 and thinking of moving to working as a carer for the elderly, and will need a DBS check. Therefore will the probation from 28 years ago still appear, bearing in mind the certain keywords which appear in my “offence”.
    On a more general note, I am fully in agreement with many of the comments on here. It does seem that there are a large number of people who, like myself, do something a bit stupid many many years ago when they’re younger and less mature, but subsequently lead a normal life, but still have their past hanging over them. It is ridiculous.

    • Phil

      I can answer my own question. Yes this is on my DBS. In other words a NON-CUSTODIAL incident from 1989 is still hanging around my neck and technically will never be “spent”. This is scandalous.

  • Sinead Bywater

    Hi i have just been offered a job as receptionist for the nhs providing i pass a standard DBS check, Im 26 years old and when i was 14 I convicted of robbery, theft act 1968 section 8 and a year later assault on a constable. These were over 10 years ago when i was under 18, will they show on standard DBS check?

    • Jen Smith

      Yes I’m afraid so! Good luck. Xx

  • Sindy Sturges

    I have been offered a job in a primary school as a teaching assistant. 6 years ago I got into a fight which was reported. I didn’t get arrested or took the the station there and then. However a couple days later I had to go to the station to give my statement and then have my finger prints taken etc etc. However I only had a written caution, would this come up on my dbs resulting in me not being able to have Persue the job?

    • Jen Smith

      Yes I’m afraid ALL cautions are on DBS certificates too! But after 6’years they should simply drop off. So it depends if your caution was just over six years if so you’ll be okay. I’ve been studying to be a t.a and didn’t realise that a caution would be a problem 🙁 I’ve got another 3 years to wait before my caution will disappear from my DBS certificate which is really disappointing. Good luck. Xx

    • Manny

      Hi,I just wanted to ask if it did show up on your dbs?

  • Alison

    I’m in such a pickle , I’ve been in employment all my life as a dental nurse but presently in a official role dealing with people / court / and criminal offence !
    I did and own up fact 21 year ago I commited benefit fraud but was really due to company I worked for ( there was 18 staff in total ) I was told 5 years after the crime was commited it had been deleted off police records . I didn’t think twice about these changes as being informed was deleted never had to mention it ,however every 6 years my company update our crb checks and time has come for mine ! I thought nothing of it until my standard dbs came through and THERE it was !
    I can’t believe it I’m in totally disgust with my own government !
    I’ve gone on long term sick but I know my job now isn’t safe !
    My future is ruined ! All I can think about is living off benefits as don’t see point of it ! Made me suffer from depression and getting worse !
    My conviction to my surprise was three counts ! I didn’t get this as only had one fine , so long ago and can’t remeber details but do recall paying it back on top of £250 fine .
    Never be able have this filtered now .
    My state of mind / job / carear is finished .
    I would love to shake the hands of parliament and tell them WELL DONE , so much getting people into work well done ruining my health .

    Another big thing is I lost two children in my life and not able have kids , my future was to adopt ( I’ve been formally told this is now a NO WAY process .

    Each day I feel
    Like finishing it all and don’t want to be here , I’m ashamed my country .

    There are people entering the county with no background checks done as the system is not central to all countries they can come here with clear slate in yet our own people are treated like this ,

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