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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

I have a criminal record

60 replies

Summerg · 09/07/2022 22:44

When I was 17/18, I stupidly took the fall for something my best friend did. I wasn’t even at the place at the time.
The charge is assault, but a very minor form. In fact, I wasn’t even given a punishment, not even a community order. My basic DBS comes back clear now as it’s spent but records on the police national system are clear as day (obviously not expecting it to disappear) so enhanced DBS would show conviction. I’ve never been arrested apart from this incident. Of course I don’t speak to her now…

How bad have I messed up? I didn’t realise how little jobs I can get. Even the local petrol station near me wants an enhanced DBS for a retail assistant job. Dare I ask if I got a lawyer could it be overturned? But then I’d be convicted of perverting the course of justice…

OP posts:
TokenGinger · 09/07/2022 22:52

Were you 17 or 18?

I ask because when I was under 18, I was arrested with my friend who was shoplifting. She shoved a pair of knickers and a lip gloss in her handbag, unbeknown to me, and we both got cautioned for it.

I was told that if I didn't reoffend before I was 18, it would be spent.

It's never shown up on my enhanced DBS.

Itisasecret · 09/07/2022 22:57

The local petrol station would surely be a security risk. Lots and lots of explosive fuel so I see that. Whether it is disclosed is down to the issuing force.

DenholmElliot1 · 09/07/2022 22:58

If you've got a conviction for assault it will show up on a DBS yes even if you were only 17 at the time.

You can't get it overturned retrospectively, no although I think you can appeal your conviction (if you have grounds for appeal of course, not just because you don't want the conviction to show)

It will have consequences for your career choices sadly,

Ladybug9 · 09/07/2022 22:58

Hello! I am a police officer, you haven't messed up at all :) You can actually ask for the conviction to be removed off of the National Computer but nobody ever does & I'd say in the circumstances you'd probably be successful in doing so. Call 101 and ask to speak to their police national computer bureau during working hours, they should be able to talk you through the process. Best of luck!

HotPenguin · 09/07/2022 22:59

Just because it shows up on an enhanced DBS doesn't mean you can't get a job. Just make sure you tell any potential employer.

MiniPiccolo · 09/07/2022 23:00

Ladybug9 · 09/07/2022 22:58

Hello! I am a police officer, you haven't messed up at all :) You can actually ask for the conviction to be removed off of the National Computer but nobody ever does & I'd say in the circumstances you'd probably be successful in doing so. Call 101 and ask to speak to their police national computer bureau during working hours, they should be able to talk you through the process. Best of luck!

This OP ^

DenholmElliot1 · 09/07/2022 23:00

Surely everyone would ask for their conviction to be removed though if that were possible?

Ladybug9 · 09/07/2022 23:02

www.dbschecks.org.uk/how-long-does-it-take-to-get-a-clear-criminal-record/ this link may help you. It may not always be possible but as you've said you were younger than 18 at the time and you've kept a clear criminal record since it may fit the criteria.

Grimoven · 09/07/2022 23:02

Most crimes are spent after 7 years. I had a criminal conviction for fraud with a 2 years suspended sentence for earning £1,5000 when signing on That was 30 0dd years ago.
They wouldn't even take you to court now, just give you a small fine and reduce your Universal credit payments or ask for it to be repaid/ attachment of earnings.

Original poster
Summerg · 09/07/2022 23:10

@TokenGinger 17 when arrested, 18 when convicted

OP posts:
coffeecupsandfairylights · 09/07/2022 23:16

DenholmElliot1 · 09/07/2022 23:00

Surely everyone would ask for their conviction to be removed though if that were possible?

Just because you can ask, doesn't mean the computer will say yes Wink

Bobbybobbins · 09/07/2022 23:22

It probably will show up but won't necessarily stop you from getting the job. Definitely look into getting it removed.

implantsandaDyson · 09/07/2022 23:23

I received a clear enhanced DBS certificate earlier this year. My conviction was 20 years ago. It was the first time I'd ever taken a chance on applying for a job where an enhanced check would be necessary. I couldn't get a firm answer whether my offence would show up. (I was charged, admitted guilt and given probation at the time). After lots of googling it looked like my offence wouldn't show up after 11 years on an enhanced check. Obviously it'll always come up on a deep police check.

Undecidedandtorn · 09/07/2022 23:25

There are only certain jobs that are allowed to do enhanced DBS checks and retail isn't one of them. You have to be carrying out a regulated activity. This link tells you which jobs. www.gov.uk/find-out-dbs-check

SavoirFlair · 09/07/2022 23:28

I hope your friend still appreciates you having not snitched when you were approached by the authorities and for taking the fall!

wonderful post from @Ladybug9 that’s all you need to know really

good luck with your cleared name and hope you get the work positions you would like

NoSun · 09/07/2022 23:33

My husband has a conviction from about 15 years ago it doesn’t show on his enhanced dbs, it’s been “filtered” out as it is spent and not deemed relevant to his line of work.
There is a list of convictions that will never be filtered out but as long as it wasn’t racially aggravated or against a child I think it can be removed from the DBS check automatically at the point of applying for one. However, cautions and convictions do not get ‘removed’ or ‘wiped’ from the Police National Computer

Kodih · 09/07/2022 23:48

I do this for a living - request DBS checks on people and I can tell you 100% it is absolutely against the law (infact it's not even possible) for a petrol station to ask for an enhanced DBS check for a retail assistant position.

Go to Google gov.uk and type - 'check someone's criminal record as an employer' and 'checks employers can make on job applicants' and 'what type of check is right for your employee'.

It's crystal clear that's against the law and the request would be denied.

Enhanced DBS checks are really limited to healthcare and childcare related roles. There are some other roles too, like if you work for the national lottery, vets, prison warden or banking. You can use the tool on the government website and have a play around with it. You'll see it's not possible for a company to request an enhanced DBS check for a retail role.

They can do a basic check and given the conviction is spent - it won't show up.

Emmelina · 10/07/2022 00:47

It depends on the offence and how long ago it was, I guess. If 17/18 was 2 years ago I can imagine potential employers being a bit Hmm about it. 10 years, it’s more clear you’ve learned your lesson. But they will expect you to be honest about it. There’s generally a section in the job application about previous offences if it’s a DBS-dependent job. If you write ‘none’ then something comes up on the check, they’ll write you off as dishonest.

sashh · 10/07/2022 01:05

Just because you have a conviction does not stop you getting a job.

An employer can ask for a DBS but they cannot ask for it to be clean. I know a teacher with a conviction for assault, she has to declare it and the circumstances when she applies for a job.

Things do change i.e. the removal of cautions for juveniles, until recently a caution you got at 10 would still be on an enhanced DBS at 50.

When I was working in FE the students had to have a CRB / DBS for their work placements, there was a panel to make decisions on an individual basis.

Cookingutensil · 10/07/2022 01:22

If I were interviewing you and you told me what you'd written here, I'd admire your honesty and ability to turn things around. I'd empathise and if you were suitably qualified etc, I'd want to give you the job. I have done similar irl and not for one second regretted it. Shit happens, all decent people know this. Best of luck.

NeedToLeaveNow · 10/07/2022 01:34

Iv got convictions, when i was 17.
20 odd years ago
I went into Childcare at 19
It use to show up on the Enhanced DBS but it hasnt for many years

Whataworldwelovei · 10/07/2022 01:40

Not sure where I hear this or even if I did, might have misread it but I thought convictions from when you were under 18 no longer show on a dbs check. As a pp says the petrol station should not be asking for an enhanced dbs and I would not expect a normal one to be neither.

IhateJan22 · 10/07/2022 01:43

You need to be upfront with any job you apply for. My place would only not employ if someone wasn’t upfront about it and then it came up on the dbs as long as it was years ago and nothing against vulnerable people.

GreenLunchBox · 10/07/2022 01:47

New rules came into place in 2020 so loads of things no longer show up on an enhanced check

www.gov.uk/government/publications/filtering-rules-for-criminal-record-check-certificates/new-filtering-rules-for-dbs-certificates-from-28-november-2020-onwards

70kid · 10/07/2022 01:53

I think Affray and Restraining orders aren’t ever removed
only remember this as I have a issue with an ex neighbour and I remember reading they wouldn’t be removed as this is whet her was convicted off

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