If convictions are spent do they show up on a CRB check

If convictions are spent do they show up on a CRB check

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Discussion

smileymikey

Original Poster:

1,445 posts

225 months

Wednesday 22nd July 2015
quotequote all
I've been offered a promotion at work, and I'm really pleased. The only fly in the ointment is the fact that I now need to be CRB checked due to the nature of our work (government/security agencies, not children) I was a little st in my late teens and had a number of run ins with the police resulting in two short Youth Custody sentences for non violent offences.The last offence was over thirty years ago. I'm aware they are well spent under the rehabilitation of offenders act. However will they show on the report to my employer? it is the Scottish CRB they are using?

paintman

7,669 posts

189 months

Wednesday 22nd July 2015
quotequote all
Read this: http://www.gov.scot/Topics/archive/law-order/law/R...
and the link contained in it which gives a long list of excepted professions, employments etc: http://www.legislation.gov.uk/ssi/2013/50/schedule...

smileymikey

Original Poster:

1,445 posts

225 months

Wednesday 22nd July 2015
quotequote all
paintman said:
Read this: http://www.gov.scot/Topics/archive/law-order/law/R...
and the link contained in it which gives a long list of excepted professions, employments etc: http://www.legislation.gov.uk/ssi/2013/50/schedule...
Thanks for that its appreciated, I dont seem to be affected by any of the exclusions. Is it safe to assume my convictions wont be shown? They have already cleared me to work to work with young offenders and were fine to foster children. I just don't want to be embarrassed by ancient history

mph1977

12,467 posts

167 months

Wednesday 22nd July 2015
quotequote all
what level of DBS check and is it DBS check and not an SC vetting ?

for enhanced DBS and SC 'spent' is an alien concept as the roles are exempted from the rehabiltation of offenders act

that said you can;t 'fail' DBS unless you are on a Barring list ( SC might be slightly different - i don;t haver experience of that beyond the basic vetting for the forces)

UpTheIron

3,992 posts

267 months

Wednesday 22nd July 2015
quotequote all
The crucial thing is to be 100% open and honest. If you fail to declare something they find then forget the promotion, and probably your current job too.

Lots of people have skeletons in the closet. The ones who get in trouble are those who try to hide them. Youth misbehavours 30 years ago and a clean record since isn't likely to be am issue IMHO.

spikeyhead

17,222 posts

196 months

Thursday 23rd July 2015
quotequote all
Judging from the people I've worked with, SC is more about checking that you have don't things that could leave you liable for blackmail or show dishonesty. Violent offences don't seem to be an issue, fraud would be.

Cat

3,014 posts

268 months

Thursday 23rd July 2015
quotequote all
Ignore all the talk about DBS it is irrelevant if as you say the checks are being done by Disclosure Scotland.

The link here explains what is included in the various levels of disclosure check carried out by Disclosure Scotland. In a nutshell anything other than a basic disclosure will include details of spent convictions.

Cat

anothernameitist

1,500 posts

134 months

Thursday 23rd July 2015
quotequote all
I had an enhanced DBS and like the OP had been in trouble about 25 years ago.

Didn't show up on the DBS even though I had raised it with the organisation.

Honesty pays though.

smileymikey

Original Poster:

1,445 posts

225 months

Thursday 23rd July 2015
quotequote all
anothernameitist said:
I had an enhanced DBS and like the OP had been in trouble about 25 years ago.

Didn't show up on the DBS even though I had raised it with the organisation.

Honesty pays though.
I appreciate everyone's advice. Thank you. I think I am going to have a quiet word with my boss and gauge it from there. On the plus side I have four years of good track record behind me, with the company.

paintman

7,669 posts

189 months

Thursday 23rd July 2015
quotequote all
Good lucksmile

jbsportstech

5,069 posts

178 months

Friday 24th July 2015
quotequote all
Depends a basic DBS check no.

Enhanced will show everything including cautions I think the only things that dont show are some offences if comitted prior to being 18.

I know someone with sc clearance with an old caution for theft, however I am told they wouldnt get a DV clearance.

Cards on the table me be a good bet years ago when it was enhanced CRB I was working on a council contract for a contractor. A staff member admited he had a caution and it came but on the report and they were fine. We ran the checks in house and we had access to schools and fire stations and the council never saw out checks it was down by the company and management had to take a view if you had previous convictions and decide whether to employee you or not.

Spent doesnt show on BPSS (MOD baseline check only some establishments) or Basic DBS anything above you need to be honest and upfront and spent show and in these cases honesty upfront is the best policy.

Edited by jbsportstech on Friday 24th July 10:37


Edited by jbsportstech on Friday 24th July 10:46

The Mad Monk

10,474 posts

116 months

Saturday 25th July 2015
quotequote all
UpTheIron said:
The crucial thing is to be 100% open and honest. If you fail to declare something they find then forget the promotion, and probably your current job too.

Lots of people have skeletons in the closet. The ones who get in trouble are those who try to hide them. Youth misbehavours 30 years ago and a clean record since isn't likely to be am issue IMHO.
According to 'disclose.me.uk, the recurring phrase is "You only have to tell if asked".

http://disclose.me.uk/question/how-long-will-my-co...

mph1977

12,467 posts

167 months

Saturday 25th July 2015
quotequote all
The Mad Monk said:
UpTheIron said:
The crucial thing is to be 100% open and honest. If you fail to declare something they find then forget the promotion, and probably your current job too.

Lots of people have skeletons in the closet. The ones who get in trouble are those who try to hide them. Youth misbehavours 30 years ago and a clean record since isn't likely to be am issue IMHO.
According to 'disclose.me.uk, the recurring phrase is "You only have to tell if asked".

http://disclose.me.uk/question/how-long-will-my-co...
assuming the role is not exempted fro mthe rehabilitation of offenders act - and generally if enhanced DBS is required the role is exempted from the rehabilitation of offenders act.

the advice in the link above is correct for general, none exempted situations.

sim72

4,945 posts

133 months

Saturday 25th July 2015
quotequote all
jbsportstech said:
Depends a basic DBS check no.

Enhanced will show everything including cautions I think the only things that dont show are some offences if comitted prior to being 18.
The law changed in 2013. Any caution or spent conviction that didn't result in a custodial sentence will no longer appear on a DBS, normal or enhanced, unless it falls into certain categories which are listed at http://www.legislation.gov.uk/uksi/2013/1198/pdfs/... (a to i, pages 2-3)


tourerman

105 posts

209 months

Sunday 26th July 2015
quotequote all
If you're getting an SC check then it looks at things that will or may affect you such as terrorism, subversion, and so on. Things bad guys could blackmail you about for you to give them certain information from the government or military for example. Your spent conviction may show up , but personally I declare it if there's the opportunity.

brickwall

5,192 posts

209 months

Sunday 26th July 2015
quotequote all
As above - it depends on the check.

Basic DBS it shouldn't show.
Enhanced DBS I think it might.

SC and above are a different game for a different purpose. They check a lot more than just your criminal history!

jbsportstech

5,069 posts

178 months

Monday 27th July 2015
quotequote all
sim72 said:
The law changed in 2013. Any caution or spent conviction that didn't result in a custodial sentence will no longer appear on a DBS, normal or enhanced, unless it falls into certain categories which are listed at http://www.legislation.gov.uk/uksi/2013/1198/pdfs/... (a to i, pages 2-3)
Ok thanks for the update, that only applies to DBS if the MOD checking is being done by X-rated company then if its SC they will ask for any cautions etc and they are checked.

mph1977

12,467 posts

167 months

Monday 27th July 2015
quotequote all
sim72 said:
jbsportstech said:
Depends a basic DBS check no.

Enhanced will show everything including cautions I think the only things that dont show are some offences if comitted prior to being 18.
The law changed in 2013. Any caution or spent conviction that didn't result in a custodial sentence will no longer appear on a DBS, normal or enhanced, unless it falls into certain categories which are listed at http://www.legislation.gov.uk/uksi/2013/1198/pdfs/... (a to i, pages 2-3)
or it appears if you are convicted or cautioned in theintervening periods

i'm not sure what this actually achieves other than appeasement of those who fail to understand how DBS disclosures actually work ...

sim72

4,945 posts

133 months

Monday 27th July 2015
quotequote all
mph1977 said:
sim72 said:
jbsportstech said:
Depends a basic DBS check no.

Enhanced will show everything including cautions I think the only things that dont show are some offences if comitted prior to being 18.
The law changed in 2013. Any caution or spent conviction that didn't result in a custodial sentence will no longer appear on a DBS, normal or enhanced, unless it falls into certain categories which are listed at http://www.legislation.gov.uk/uksi/2013/1198/pdfs/... (a to i, pages 2-3)
or it appears if you are convicted or cautioned in theintervening periods

i'm not sure what this actually achieves other than appeasement of those who fail to understand how DBS disclosures actually work ...
Not to mention that my driving conviction from my younger and sillier days didn't appear on my enhanced DBS even before the law changed, so who knows?

mph1977

12,467 posts

167 months

Tuesday 28th July 2015
quotequote all
sim72 said:
mph1977 said:
sim72 said:
jbsportstech said:
Depends a basic DBS check no.

Enhanced will show everything including cautions I think the only things that dont show are some offences if comitted prior to being 18.
The law changed in 2013. Any caution or spent conviction that didn't result in a custodial sentence will no longer appear on a DBS, normal or enhanced, unless it falls into certain categories which are listed at http://www.legislation.gov.uk/uksi/2013/1198/pdfs/... (a to i, pages 2-3)
or it appears if you are convicted or cautioned in theintervening periods

i'm not sure what this actually achieves other than appeasement of those who fail to understand how DBS disclosures actually work ...
Not to mention that my driving conviction from my younger and sillier days didn't appear on my enhanced DBS even before the law changed, so who knows?
I think it's to appease the types who moan in the local paper aobut when they are asked ot undertakethe normal checks rrequired of anyone with substantial access to vulnerable groups / working in healthcare when they want to volunteer in relevant settings ...