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  • FIRST POST
    • Keep It Simple please
    • By Keep It Simple please 12th Oct 19, 12:59 PM
    • 8Posts
    • 0Thanks
    Keep It Simple please
    Do I need to be worried
    • #1
    • 12th Oct 19, 12:59 PM
    Do I need to be worried 12th Oct 19 at 12:59 PM
    Looking for some advice please

    Over 40yrs ago, I received probation for loitering with intent, once I served my punishment and due to family issues, I changed my name by deed poll

    For the last 35yrs or so, I've been known as my amended name, I have passport, driving licence, utility, bank a/c in my amended name and have held these official documents sine early 80s

    I've completed an enhanced DBS check, waiting for it to be processed, how will the criminal offence show on the DBS certificate (I've not been in trouble for over 40yrs) is my criminal offence under my old surname held on file forever,

    I've been married for over 30yrs, I'm full of paranoia this is going to come back and haunt me
Page 1
    • elsien
    • By elsien 12th Oct 19, 1:55 PM
    • 19,876 Posts
    • 50,479 Thanks
    elsien
    • #2
    • 12th Oct 19, 1:55 PM
    • #2
    • 12th Oct 19, 1:55 PM
    Fairly sure it would be spent so wouldn't show up. Even if it does show, I can't see any employer letting one 40 year old conviction for something minor have an effect on their decision.

    "Filtering" is the process the DBS use to determine whether information should be removed from a person's DBS certificate:



    If over 18 at the time of the offence, a conviction will be filtered 11 years after the date of the conviction, and a caution 6 years after the date of the caution, provided that the applicant did not go to prison, has not committed any other offence and the offence was not of a violent or sexual nature.

    https://www.channel4.com/producers-handbook/c4-guidelines/dbs-guidelines
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • Blatchford
    • By Blatchford 12th Oct 19, 2:15 PM
    • 193 Posts
    • 254 Thanks
    Blatchford
    • #3
    • 12th Oct 19, 2:15 PM
    • #3
    • 12th Oct 19, 2:15 PM
    Seriously, I can definitely see the paranoia! You have gone way, way over the top in hiding your identity, when it was really never necessary to do so. IF it comes up, just explain that you were young, stupid and had totally forgotten about it / didn't think you needed to declare it after 40 years. Unless there is something far more serious for the employer to be worried about, the attempts to hide your identity would have been more likely to disturb them than anything! You did something silly. That isn't the person you are now. Assuming you had an intent to do anything when you were loitering in the first place. I mean seriously, we've all been known to "loiter" at times. Usually I am lost! That police person must have been having a slow week...
    • Keep It Simple please
    • By Keep It Simple please 12th Oct 19, 2:44 PM
    • 8 Posts
    • 0 Thanks
    Keep It Simple please
    • #4
    • 12th Oct 19, 2:44 PM
    • #4
    • 12th Oct 19, 2:44 PM
    Thanks for the replies.


    I'm hoping my paranoia is unjustified, and that a crime from over 40yrs does not show on a DBS check
    • Neil Jones
    • By Neil Jones 12th Oct 19, 3:24 PM
    • 2,757 Posts
    • 1,966 Thanks
    Neil Jones
    • #5
    • 12th Oct 19, 3:24 PM
    • #5
    • 12th Oct 19, 3:24 PM
    Realistically if crimes from 40 years previous are significant enough surely you would be in jail today for them!

    Even back in the 19th century loitering with intent only carried a three month prison sentence and the offence was abolished in 1981 altogether. So I think you're going to be fine.
    • Gavin83
    • By Gavin83 12th Oct 19, 3:26 PM
    • 6,229 Posts
    • 10,731 Thanks
    Gavin83
    • #6
    • 12th Oct 19, 3:26 PM
    • #6
    • 12th Oct 19, 3:26 PM
    If it's an enhanced DBS check it'll almost certainly show up. However I don't really see what your issue is. What exactly are you worried about?
    • MarkN88
    • By MarkN88 12th Oct 19, 3:52 PM
    • 1,058 Posts
    • 630 Thanks
    MarkN88
    • #7
    • 12th Oct 19, 3:52 PM
    • #7
    • 12th Oct 19, 3:52 PM
    If its not filtered, it will show on an enhanced DBS, whether spent or unspent.
    • theoretica
    • By theoretica 12th Oct 19, 4:38 PM
    • 6,018 Posts
    • 7,459 Thanks
    theoretica
    • #8
    • 12th Oct 19, 4:38 PM
    • #8
    • 12th Oct 19, 4:38 PM
    Any employer which asks for DBS checks must have a policy for what if something shows up - and that policy may not be a blanket rejection. So even if it does show up, there may be no consequences other than someone in HR knowing.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
    • Keep It Simple please
    • By Keep It Simple please 12th Oct 19, 4:52 PM
    • 8 Posts
    • 0 Thanks
    Keep It Simple please
    • #9
    • 12th Oct 19, 4:52 PM
    • #9
    • 12th Oct 19, 4:52 PM
    Given the replies, it appears it will show, I can live with that given it was so long ago.

    >> What exactly are you worried about <<

    My name change is a private matter, handing over my DBS certificate with this information on.

    Back in the day, "70s", I was involved with the wrong crowd, I was a witness to an assault, to escape that culture I changed my name by deed poll, and moved location, without informing the police (more of out fear from reprisal)

    I'm worried during the DBS check the police will be informed of my name change,

    My paranoia now is based on the police knocking on my door re my witness statement back in the day
    • Keep It Simple please
    • By Keep It Simple please 12th Oct 19, 4:56 PM
    • 8 Posts
    • 0 Thanks
    Keep It Simple please
    theoretica, and all

    Thanks to all for your help,

    I've applied to be a taxi driver, so, the DBS certificate has to be forwarded to the council I intend to apply to
    • lincroft1710
    • By lincroft1710 12th Oct 19, 4:58 PM
    • 12,223 Posts
    • 10,797 Thanks
    lincroft1710
    The police appear not to have the time to investigate current less serious crimes, so cannot see them revisiting an incident that is 40 years old unless it involved loss of life or a serious sexual assault especially one involving a minor.
    Last edited by lincroft1710; 12-10-2019 at 5:18 PM.
    • antrobus
    • By antrobus 12th Oct 19, 5:01 PM
    • 16,875 Posts
    • 23,871 Thanks
    antrobus
    .....
    Over 40yrs ago, I received probation for loitering with intent ...
    Originally posted by Keep It Simple please
    An offence under the Vagrancy Act 1824, abolished by the Criminal Attempts Act 1981. It hasn't been a crime for 38 years. I can't see anybody getting worked up over that.
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