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Legal matters

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3 replies

Muskey · 04/02/2017 16:11

Hi if any legal eagles about as I need a bit of advice. 4 years ago DNephew who was 19 at the time got caught by the revenue protection officers on a rail journey for trying to avoid paying his train fare. He pretty much forgot about his conviction whilst in university. He has applied for some jobs where he needed a DBS check and didn't declare his conviction. Which resulted in him being sacked. He has now learnt from his mistake but is unsure when his conviction will be considered spent. He now knows it's five years but he wants to know if the conviction becomes spent on the anniversary of his transgression or is it the anniversary of the conviction ie when the court hearing was heard and he received the fine etc. please can anyone advise.

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EnormousTiger · 04/02/2017 17:05

The rules changed in 2014 and this calculator seems to take account of the new rules. I don't know the answer myself.

disclosurecalculator.org.uk/

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prh47bridge · 04/02/2017 18:51

It is 5 years from the date of conviction. However, the conviction will remain on his DBS check until 11 years after the date of conviction. He should therefore disclose this conviction if he applies for a job that requires a DBS check. An employer should only refuse to employ him if the conviction is relevant. Most employers would view failure to disclose as far more serious than the conviction itself.

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Muskey · 04/02/2017 20:15

Thank you so much for your responses

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