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How long should convictions remain on record?
Emanef
Posts: 173 Forumite
Hi all
I had a CRB check done back in 2010 for a job and was sent a copy of the enhanced disclosure report by Disclosure at the time.
I'm just clearly through paperwork and found it and remembered I needed to look into it in relation to a couple of offences when I was young.
Basically, in 1990 when I was 18 I was given a conditional discharge of 12 months (I was with a friend who nicked a bike and got dragged into it) and another in 1991 for theft, where I had 12 months probation.
I was amazed to see these still on record in 2010, almost 20 years later, especially as I've have no issues since then. I have worked throughout that period and got that job in 2010, but I have no idea if any of those former employers were given this information from a short troubled period in my youth!
How long should these have stayed on record? Should they not be removed by now (considering the minor and non violent nature as well!) and how do I get them removed?
Thanks!
I had a CRB check done back in 2010 for a job and was sent a copy of the enhanced disclosure report by Disclosure at the time.
I'm just clearly through paperwork and found it and remembered I needed to look into it in relation to a couple of offences when I was young.
Basically, in 1990 when I was 18 I was given a conditional discharge of 12 months (I was with a friend who nicked a bike and got dragged into it) and another in 1991 for theft, where I had 12 months probation.
I was amazed to see these still on record in 2010, almost 20 years later, especially as I've have no issues since then. I have worked throughout that period and got that job in 2010, but I have no idea if any of those former employers were given this information from a short troubled period in my youth!
How long should these have stayed on record? Should they not be removed by now (considering the minor and non violent nature as well!) and how do I get them removed?
Thanks!
0
Comments
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If an adult when convicted the conviction remains on the PNC for life and is therefore searchable, convictions do not have to be disclosed by police unless certain professions but most employers now ask applicants for a criminal conviction certificate. If you subsequently appealed a conviction and was successful you can apply for it to be deleted.0
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Smartsaver7 wrote: »If an adult when convicted the conviction remains on the PNC for life and is therefore searchable, convictions do not have to be disclosed by police unless certain professions but most employers now ask applicants for a criminal conviction certificate. If you subsequently appealed a conviction and was successful you can apply for it to be deleted.
Most employers do not. And most employers cannot.0 -
Wow. I didn't realise it stayed on forever, I just thought it was removed after so many years, unless it was something serious.
Thanks for the replies guys.0 -
Wow. I didn't realise it stayed on forever, I just thought it was removed after so many years, unless it was something serious.
Thanks for the replies guys.
As I understand it that only applies where an enhanced report is required.
For jobs where this is not required (or allowed) then many minor convictions will be "spent" after a certain number of years. Under those circumstances you are quite entitled not to disclose them. If they subsequently come to the employer's attention it would be unlawful for them to take any action as a result.
It is also unlawful for an employer to ask for an enhanced report where it is not required by law.
There are certain occupations where all convictions and cautions must be disclosed even when otherwise spent.0 -
OP things changed in summer 2013 with some minor convictions now not being disclosed. You may find that a DBS check now will not include minor convictions from a long time ago whereas your CRB check in 2010 would.
To echo other posters, there is an eligibility criteria involved when requesting DBS checks so it's not a standard thing that just any employer can ask for on a whim.0
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