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Legal matters

DBS check - please can anyone advice? Conviction for affray

30 replies

justkeeponsmiling · 19/09/2017 21:13

So DH has just been offered a job. Because it is in a college they told him he needs a DBS check (even though he will not work directly with children - it's maintenance).
More than 20 years ago he was involved in a mass brawl and convicted of affray. He was 16 at the time. A quick search online shows that this is an offence which is not cleared from a DBS record even after many years. Is this right? We have no idea what we should do now. Should he tell the potential new employers? I guess this means he won't get the job now? I'm heartborken - he has been searching for a long time and we were over the moon when he was offered this job.

OP posts:
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Temporaryanonymity · 22/09/2017 07:10

Peternas, on the old style enhanced check an employer used to get a different copy to that sent to the CRB applicant. The employer copy had a space for the police to add anything that might be affect the individual's suitablity to work with vulernable children or adults. For example, a current investigation that has not yet led to a conviction.

I am no longer a countersignatory for these checks but I understand this is no longer the case.

For the OP, the employer will look far leniently on your DP if he discloses the offence prior to the DBS being returned. Your DP's friend might have had a different level check (enhanced and basic checks were different) so I think he is taking bit of a risk here.

A 20 year old offence as described here is unlikely to result in an offer being withdrawn so long as it is disclosed at the right time.

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EduCated · 22/09/2017 07:18

Still think he's best letting them know. In general something showing up that wasn't declared is viewed more dimly than an age old offence committed by a teenager who has never been in trouble since.

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sashh · 22/09/2017 07:36

Most colleges/schools have a 'self disclosure' system.

Basically tell them he has a conviction, not sure what it is, he was 16 and has been a model citizen since.

Don't wait until the DBS is done, looks bad.

Also as someone else said a DBS and an enhanced DBS are different, for an educational setting it will be enhanced so any conviction even as a 10 year old child will show up, his friend might have only had the basic DBS.

Oh and he has to have a DBS for the job, he doesn't have to have no convictions.

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laundryelf · 23/09/2017 13:10

From the gov.uk website:
here are 3 different types of criminal record check an employer can request:

a standard check shows any spent and unspent convictions, cautions, reprimands and final warnings
an enhanced check shows the same as a standard check plus any information held by local police that’s considered relevant to the role
an enhanced check with barred lists shows the same as an enhanced check plus whether you’re on the list of people barred from doing the role

My understanding is that under the new rules everything shows, including any information the police may hold that they feel is relevant to the job being applied for will show up.

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prh47bridge · 23/09/2017 15:26

My understanding is that under the new rules everything shows

No, that is not true. That is the old rules.

Most offences are filtered (i.e. removed) from DBS checks after a period of time provided the individual has no more than one conviction and has not received a custodial sentence (a suspended sentence is counted as custodial). The period of time before the offence is filtered depends on whether or not the individual was under 18 at the time of the conviction or caution. However, some offences are never removed from DBS checks.

The police may not disclose information relating to any offence that has been filtered from the individuals DBS check. To do so would be a breach of their human rights.

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