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

Kim_kim

God I had no idea that motoring offences such as speeding showed up on a DBS!!!!

Warwick_Hunt

Kim_kim wrote: »

God I had no idea that motoring offences such as speeding showed up on a DBS!!!!

Why no? After all they're criminal offences.

IamNotAllowedToUseMyName

Contact your future employer immediately and simply say that you didn't declare them as they were more than 5 years ago and therefore considered them expired.

I would have thought a reasonable employer, even a future one, would consider an offence from so long ago with no re-occurences not to be a problem. I certainly would consider what someone did as an immature 20 year old to be far less of an issue than a recent offence.

Lomast

I would be very surprised if a couple of old monitoring convictions would be a bar to many jobs even if driving is part of the job.

Warwick_Hunt

They on the other hand may consider non disclosure an act of dishonesty.

sevenhills

Warwick_Hunt wrote: »

They on the other hand may consider non disclosure an act of dishonesty.

Or it could have just been an error, a failure to keep up to date records.

therealhyper

No, these were not 'declared' as I was not aware these are recorded as 'convictions'

I was fined at the time (£££) and had points put on and assumed that was the end of it.

This is a complete suprise to me, never has been an issue in any of my previous employments, though I am not sure what checks they do, this is the 1st DBS check I have personally had to carry out.

In regards to the other that was pointed out by Warwick Hunt, that ended up with a driving course with 3 points.

Yes, I will be informing my employer about this but also seeking legal advice on the matter of these being recorded as 'convictions' and still remaining on the record after such a long time.

Looks like I could be out of a job just before Christmas.

Thanks to everyone for your great input as always. All the best.

Warwick_Hunt

sevenhills wrote: »

Or it could have just been an error, a failure to keep up to date records.

Who knows what they'll think.

I've seen people forget they've been to prison when applying for jobs.

IamNotAllowedToUseMyName

Warwick_Hunt wrote: »

They on the other hand may consider non disclosure an act of dishonesty.

And they would be entirely wrong to do that.

The Rehabilitation Act last updated in 2014 gives you the legal right not to declare past convictions after a certain time, so the OP has not done anything wrong in not declaring these spent convictions which expired a decade ago.

They clearly will already know about it so it strikes me that the OP has two choices - ignoring it, or contacting them.

The fact that an enhanced security check reveals information that you are not required to reveal yourself would suggest that employers seeking that information are expected to take a considered view. Remember also that these are essentially minor convictions in the grand scheme of things. I doubt a transport employer would be overly surprised to see applicants with speeding convictions, and even the insurance conviction in the context of a 20 year old shouldn't necessarily be of concern 15 years on.

My conversation with them would be:

"Having seen my enhanced check, I see it has shown up some old spent convictions which I am not required to declare as they are spent. I was surprised that they appeared as they are spent convictions from a long time ago and I had not understood that the enhanced check also showed spent convictions. I hope that this information will not affect my employment, and I was not being deliberately misleading but was aware that I did not need to declare spent convictions when asked about these when seeking employment."

It is then up to them if they want to seek any information, but the applicant is entitled to simply say that they are long spent convictions and he would rather not discuss the circumstances except to say that he is embarrassed by his mistakes in the past and would hope that his subsequent record would speak for itself.

Aretnap

IanMSpencer wrote: »

The Rehabilitation Act last updated in 2014 gives you the legal right not to declare past convictions after a certain time, so the OP has not done anything wrong in not declaring these spent convictions which expired a decade ago.

Not when you're applying for certain jobs which require a high degree of trust', eg the police, accountancy and jobs which involve working with children. The ROA does not apply in such cases and the OP had no right not to disclose the convictions. He doesn't say what the job is, but if it is one that requires an enhanced DBS check then it will be one which is exempt from the Rehabilitation of Offenders Act.