Page 3 | I have a criminal record

Summerg · 2022-07-09T21:44:50+00:00

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…

Redebs · 26/12/2022 19:24

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.

This. Enhanced DBS are only for specific roles.

TheLittlestLightOnTheXmasTree · 26/12/2022 20:46

Summerg · 10/07/2022 11:30

@Ladybug9 as I was over 18 when it went to court I was classed as an adult

So what was the outcome from court?

Forestfever · 26/12/2022 21:18

I can't believe I' m writing this as I find it traumatic even 10 years on but...

I was charged with fraud. I had not committed the fraud, I was not convicted of the fraud. In fact, when it came to my barrister asking 'what evidence is there of forestfever committing fraud', the police officer responded with 'there is no evidence'. As you can imagine this was incredibly traumatic for me, which is why I don't like to admit it (no smoke without fire comments making me very sad).

it's been 10 years. I have three children now and have never volunteered at their school as I fear the charge will appear on an enhanced DBS. I also have avoided travelling to America as I was charged with a crime of moral turptitude.

Anyway, does anyone know if it would appear on an enhanced DBS? It makes me so sad that I avoid things which may require an enhanced DBS as I've always been very community minded/volunteering. My heart sinks when I think about it now.

WeepingSomnambulist · 26/12/2022 21:23

Forestfever · 26/12/2022 21:18

I can't believe I' m writing this as I find it traumatic even 10 years on but...

I was charged with fraud. I had not committed the fraud, I was not convicted of the fraud. In fact, when it came to my barrister asking 'what evidence is there of forestfever committing fraud', the police officer responded with 'there is no evidence'. As you can imagine this was incredibly traumatic for me, which is why I don't like to admit it (no smoke without fire comments making me very sad).

it's been 10 years. I have three children now and have never volunteered at their school as I fear the charge will appear on an enhanced DBS. I also have avoided travelling to America as I was charged with a crime of moral turptitude.

Anyway, does anyone know if it would appear on an enhanced DBS? It makes me so sad that I avoid things which may require an enhanced DBS as I've always been very community minded/volunteering. My heart sinks when I think about it now.

Why won't you travel to america?

Were you actually convicted? They ask if you were convicted of a crime of moral fortitude. You weren't. The answer is no. They dont even have access to your criminal history anyway. They cant check it. They'd only have access to things like interpol warrants or crimes committed in America.

There is absolutely no reason for you to avoid America. You haven't been convicted so you are not even at risk of anything being uncovered if they, for some very strange reason, requested your criminal history from UK authorities.

AtTheNursingHome · 26/12/2022 21:25

i have a criminal record (well a caution) and I’m a nurse!

Forestfever · 26/12/2022 21:42

WeepingSomnambulist · 26/12/2022 21:23

Why won't you travel to america?

Were you actually convicted? They ask if you were convicted of a crime of moral fortitude. You weren't. The answer is no. They dont even have access to your criminal history anyway. They cant check it. They'd only have access to things like interpol warrants or crimes committed in America.

There is absolutely no reason for you to avoid America. You haven't been convicted so you are not even at risk of anything being uncovered if they, for some very strange reason, requested your criminal history from UK authorities.

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No, never convicted. I've not looked for a few years but the exact wording of the Us immigration law was something along the lines of 'have you ever been arrested for a crime of moral turptitude', rather than convicted. My husband says I am worrying about nothing and he regularly travels for work to the US and suggested I join him with the children at the end for a holiday, however the thought of ending up in an immigration nightmare with three children under the age of seven fills me dread and I can't imagine being able to relax on the whole flight over.

The irony is that if I had had the guts to commit the crime I was accused of, I probably wouldn't be so anxious about bloody travelling!

WeepingSomnambulist · 26/12/2022 21:48

@Forestfever

But they dont have access to UK criminal records. They need to contact the UK authorities and request the information on a case by case basis.
They only have access to the info if it has been shared for other reasons or a warrant is out for you or you've been ejected before or had reason to be interviewed whilst travelling etc.

If they do for some reason have that information then they just put you and your kids on the next flight home.

Forestfever · 26/12/2022 21:50

WeepingSomnambulist · 26/12/2022 21:48

@Forestfever

But they dont have access to UK criminal records. They need to contact the UK authorities and request the information on a case by case basis.
They only have access to the info if it has been shared for other reasons or a warrant is out for you or you've been ejected before or had reason to be interviewed whilst travelling etc.

If they do for some reason have that information then they just put you and your kids on the next flight home.

Theoretically I know this is true, but the trauma of going through a criminal investigation for a crime you didn't commit makes it very difficult to accept.

whoareyouinviting · 26/12/2022 21:56

Not sure if this is helpful but I was once asked my opinion In a workplace when someone's checked picked up a conviction in their home country which I also came from. I could see the person had clearly made a mistake as a young person on a night out and said they would be ok to employee.

saltinesandcoffeecups · 26/12/2022 22:38

I think you’re ok traveling to the US, the only country that the US really shares criminal records with is Canada.

And even with restrictions there is a lot of leeway in what that means. Honestly it really isn’t that big of a deal here unless it’s the pissing match between the US and Canada.