CRB information and wrongful arrest / information held

paulwellerfan

you need to let this go OP
if you were to apply for a job just tick no convictions
its all wasted energy

Uncertain

Valli wrote: »

Scheming Gypsy says he was arrested, wrongfully, on suspicion of armed robbery and has included a scanned copy of an enhanced CRB form which DOESN'T show this unproved allegation...

Your are missing the point.

An enhanced CRB allows certain things to be disclosed, in confidence, to the potential employer. This wouldn't show on any form the individual could get hold as as it could defeat the purpose. This can include things where the police are investigating but haven't (yet) taken any action.

NeverEnough

Injustice Done, the law is complete rubbish on this, I agree. I have been a victim in the past of the disgusting behaviour of our horribly inept and/or corrupt police arresting me for something I hadn't done in order to try to extend a vendetta (local police in cahoots with a hateful neighbour) . Same issues re DNA taken, months of stress, I have a job requiring regularly updated Enhanced CRBs. Of course the malicious arrest went nowhere and no charges were ever brought - I can assure you its not been noted on my CRB checks either. As to what you can do - well, yo can lobby your MP, you can write to the Constabulary responsible and make a formal complaint about their process, you can complain to the IPCC and you may even find a no-win no-fee solicitor to take on a case of Injury (Post traumatic stress) due to Wrongful Arrest (if of course a prima facie case can be made that it was Wrongful and not "reasonable") . You can also write and demand that your DNA be destroyed as under EU legislation they can no longer keep this indefinitely unless you have been convicted of a crime.

Will any of it help? Uncertain, but if it helps you move on, then it will have been worth it. I know how you feel........some of the police employees seem to have been sourced from the most spiteful, venomous and inherently dense...........and enjoy taking out their spite on random targets just to try to get their "detection" rates up......

Valli

How does that work then?

LL30

Just to add - just because you have been arrested, or indeed if you had convictions (don't jump on me, I understand you haven't done anything wrong) it doesn't mean that you won't get the job. I have worked in the social care arena for years (CAMHS, welfare officer etc) and I have had colleagues who have had convictions. The key is to be honest about them. They take into account how long ago the issues were, associated factors and do a risk assessment accordingly. I think what you need to be careful of is how you explain what happened. At the moment, 'thou doth protest too much' springs to mind and you are coming across as very aggressive about it all. Understandable, but this will come across to the employer, and you want to be showing yourself in the best light.

I'd suggest it would be a good idea to seek some form of therapy for the trauma that this has caused you - you need to find a productive way to deal with it instead of letting it eat you up as it evidently is. It happened. You can't change that. But you can change the way that you think about it. I'd also ring the CRB people and discuss it with them (in a calm rational manner, not about the injustices of it). Incidentally, and as a PP has pointed out, discretionary info can be divulged. I unwittingly was associated with some unlawful behaviour (long story, not funny either) and this was not disclosed in any way. I was up front with my current employer about it before the CRB - no problems arose and it wasn't disclosed either.

thegirlintheattic

Uncertain wrote: »

Your are missing the point.

An enhanced CRB allows certain things to be disclosed, in confidence, to the potential employer. This wouldn't show on any form the individual could get hold as as it could defeat the purpose. This can include things where the police are investigating but haven't (yet) taken any action.

The disclosures are things relevant to the job. Considering I know a teacher who has been done for drugs and got an enhanced CRB with no issues (as far as I know) I don't think the OP should worry.

I doubt the police will EVER disclose under that rule being arrested for possession and then this being dropped. It's more for things like being suspected of being a kiddie fiddler but not enough evidence to prove it - it which case the police might disclose for a job working with kids but not a job working security for example.

creditcardhelp11

You are right to be angry and worried. I do not wish to worry you but you are correct. I have had many dealing with peoples CRB documents. The difference between standard and enhanced disclosures is that the enhanced disclosures can and do contain information at the discretion of the chief constable.

I have seen Chief Constables include information of "arrested on suspicion of" under the other section. Just because the other poster - gypsy did not have information included does not mean you will not.

It also depends on what job you go for. For example (only an example) if you were arrested on suspicion of possessing child pornography and you subsequently went for a job dealing with children. Then it would be highly likely that the CC of the police would add that information to a disclosure. Would this stop you getting the job? Well it ideally shouldn't but in reality I do not think any employer would want to take such a risk.

You can ask for a subject access request but even if the information is held (as it can be) that will not get you anywhere. You would just have to explain to the employer what the circumstances were and hope that they understood. You can make a complaint to the IPCC about the way your police case was handled if you wish.

creditcardhelp11

Vejovis wrote: »

the headings are the same on all crbs, arrests aren't mentioned on anyones.

Incorrect see my above post.

Jinx

In my view you have 3 options:

1- pay for specialist legal advice to clarify and follow up on the advice given
2- accept that you were not charged with whatever the police thought you did but that this may show on an Enhanced CRB dependent on a role you apply for (it wouldnt appear on the basic as discussed)
3 - let it go. If you apply for a role where it asks specifically if you have been arrested or appeared in court answer fully and honestly. Usually where an enhanced CRB is required the employer wants honest employees with integrity, not people who have never made a mistake or in your case done absolutely nothing wrong.

I work with Enhanced Disclosure as Im in Scotland and generally what is being discussed I dont think would show - it does tend to be convictions only. It depends on the view of Disclosure Scotland. Additionally however, we specifically ask at preselection re involvement of police, court, bankruptcy etc and of course anyone caught in a lie would not be employed, where someone with certain convictions would be okay if disclosed.

bignred05

you can pay £10 to your local Police force, for a file (not sure of the exact term) this lists any information they have on you

so for £10 you could start the ball rolling, by finding out if this will actually show on any sort of CRB checks, if it shows up there are ways you can get it removed


The Data Protection Act 1998 (the Act) gives
you the right to have a copy of the personal
information the police hold about you. A
request for your personal information is called
a subject access request.
This guidance is for people who wish to make
a subject access request. It does not cover
criminal records checks for employment
purposes. If a criminal records check is
required for your work, then your employer
should explain how to apply for this.
1 How can I make a subject access
request?
You should make your request in writing. If
you wish, you can apply using standard
application forms, available from the police.