DBS Check shows 15 year old 'conviction' job at risk

therealhyper

Hi,

A recent DBS Check was carried out and it shows historic 'convictions'.
The DBS is for a new Job.

It appears there is a conviction from 2002 (offence in 2001) related to driving offence; speeding and no insurance (it is recorded as 2x offence's).

This is from over 16 years ago - I thought these speeding offences would be removed after such a long time.

Has anyone experinced something like this, do I need to speak to a solicitor ?

Thanks all.

GwylimT

Why would you need to speak to a solicitor? If you declared your convictions to the potential employer it shouldn't be a problem, I have a conviction for no insurance (drove my mothers car, she failed to tell me it wasn't insured), I have always declared it before a DBS and had no problem gaining work.

therealhyper

GwylimT wrote: »

Why would you need to speak to a solicitor? If you declared your convictions to the potential employer it shouldn't be a problem, I have a conviction for no insurance (drove my mothers car, she failed to tell me it wasn't insured), I have always declared it before a DBS and had no problem gaining work.

Reading online, these should have been removed, following new legisilation in 2013:

Filtering is the term that the DBS is using to describe the process which will identify and remove from disclosure certificate convictions and cautions which should no longer be disclosed due to changes to legislation. It doesn't mean the conviction or cautions will be 'removed' or 'wiped'. They will remain on the PNC.

conviction - 5.5 years (under 18)
conviction - 11 years (over 18)

so if these happened 5.5years ago (if under 18 at the time) or 11 years (if over 18 at the time) then should no longer be disclosed..

GwylimT

therealhyper wrote: »

Reading online, these should have been removed, following new legisilation in 2013:

Filtering is the term that the DBS is using to describe the process which will identify and remove from disclosure certificate convictions and cautions which should no longer be disclosed due to changes to legislation. It doesn't mean the conviction or cautions will be 'removed' or 'wiped'. They will remain on the PNC.

conviction - 5.5 years (under 18)
conviction - 11 years (over 18)

so if these happened 5.5years ago (if under 18 at the time) or 11 years (if over 18 at the time) then should no longer be disclosed..

Convictions remain where there is more than one offence, you have two motoring offences therefore they remain.

Standard and enhanced DBS certificates will include details of convictions and cautions (which include youth cautions, reprimands and warnings) recorded on the PNC.

Warwick_Hunt

That's for a single offence, as you have more than one all offences will be disclosed.

As already said you'll be ok because you declared them when they asked.

Johno100

According to this

https://www.gov.uk/government/publications/dbs-filtering-guidance/dbs-filtering-guide

and this

http://hub.unlock.org.uk/knowledgebase/filtering-cautions-convictions/#What%20will%20not%20be%20filtered?

where the individual has more than one conviction offence all convictions will be included on the certificate (no conviction will be filtered)

So that may explain it.

You haven't said but I assume your new job has some element of driving as part of it?

victor2

therealhyper wrote: »

Hi,

I was recently made redundant but was lucky enough to land a new job.

I have had to apply for a enhanced DBS check which was submitted over 7 weeks ago.

Today I received the DBS Certificate and to my shock it lists 2x'convictions'.

It appears there is a conviction from 2002 (offence in 2001) related to driving offence; speeding and no insurance (it is recorded as 2x offence's).


I am quite dissapointed and disheartned with myself ...this is from over 16 years ago (I was 20 at the time).


I am not sure what I can do, if anything, I thought these speeding offences would be removed after such a long time.


I will probably lost my job ? I am not sure what to do.
Has anyone experinced something like this, do I need to speak to a solicitor ?
Thanks all.

If you haven't already explained it to your new employer, then you must.
If they have a very strict rule about past convictions, then they may no longer be your employer, but if they can see you are a valuable employee and can be a little flexible, then maybe you'll be able to stay with them.
Did they ask about any previous convictions in the job application, and did you say no? If so, you haven't been honest and I don't suppopse they'll look very favourably upon that.
You don't need a solicitor, you just need to come clean with your new employer and hope they respect that, and are able to keep you on.

Warwick_Hunt

Johno100 wrote: »

According to this

https://www.gov.uk/government/publications/dbs-filtering-guidance/dbs-filtering-guide

and this

http://hub.unlock.org.uk/knowledgebase/filtering-cautions-convictions/#What%20will%20not%20be%20filtered?



So that may explain it.

You haven't said but I assume your new job has some element of driving as part of it?

They shouldn't make a difference for driving as they need not be declared for insurance.

Johno100

Warwick_Hunt wrote: »

They shouldn't make a difference for driving as they need not be declared for insurance.

Yes I appreciate that. What I was trying to get at is that an employer may have more of an issue with the type of convictions the OP has if his new job is say a bus driver rather than say an office clerk.

therealhyper

Yes, will be driving involved part of the role

therealhyper

Warwick_Hunt wrote: »

That's for a single offence, as you have more than one all offences will be disclosed.

As already said you'll be ok because you declared them when they asked.

Yes you're right thanks