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Implications of a Caution from 2003

15 replies

cautioned · 02/10/2023 10:04

Hi,

When 22yo I was Cautioned for 'theft and fraud' to do with an annual travel ticket (found one and decided I can keep it!). This was in 2003.

I have never worked jobs requiring DBS so far. At the time I was told it will always stay on the enhanced version. I was wondering if someone can clarify a few things for me-

  1. has this now changed - will a caution from 20 years ago show on my enhanced DBS?

  2. how will this caution have implications if travelling to the USA? Any other countries?

  3. any other way this might effect me - special cases I need to declare? Police status check might be done? I'm considering volunteering at my dc's after school club, for example?

  4. is there a way to permanently have this removed from my record? Would I have grounds for that? How do I got about it? I don't have any other criminal record.

Many thanks!

OP posts:
cautioned · 02/10/2023 10:11

Also, I've never been called for Jury service. Is this because of my caution?

OP posts:
zhizshan · 02/10/2023 10:22

I don't know the answer to your questions, but I can confirm that I also have never been called for jury service and I have no police record whatsoever.

cautioned · 02/10/2023 10:31

@zhizshan I appreciate you reading and responding.

OP posts:
prh47bridge · 02/10/2023 13:05
  1. Yes, it has changed. Most cautions, including the offence you describe, stop appearing on DBS checks after 6 years.
  2. It varies from country to country. For the USA, you are supposed to declare cautions and are not eligible for the visa waiver programme. which means you would have to apply for a visa. However, the USA does not have access to your records, so it is unlikely that you would run into any problems if you were going for a short stay.
  3. This is not on your DBS and doesn't have to be declared. It shouldn't have any effects.
  4. There is a process for getting cautions removed, but only in exceptional circumstances or if you can prove that you did not commit the offence. It would be a waste of time pursuing this.
cautioned · 02/10/2023 14:13

@prh47bridge thank you so much!

OP posts:
Cyllie33 · 02/10/2023 14:16

@prh47bridge that’s a really helpful response. Sorry to crash your thread OP but I wondered on 1) what cautions would remain after 6 years? Would possession of a knife remain?

prh47bridge · 02/10/2023 14:25

The list of offences that will always be disclosed can be found at ListofoffencesthatwillneverbefilteredPDF_.pdf (publishing.service.gov.uk).

Possession of a knife would be removed unless you were convicted of having it for terrorist purposes.

https://assets.publishing.service.gov.uk/media/5bee9cfbed915d6a313240f1/List_of_offences_that_will_never_be_filtered_PDF_.pdf

FSTraining · 02/10/2023 14:29

Cyllie33 · 02/10/2023 14:16

@prh47bridge that’s a really helpful response. Sorry to crash your thread OP but I wondered on 1) what cautions would remain after 6 years? Would possession of a knife remain?

Probably not simple possession of a knife. Think more dabbling with nuclear weapons and arms dealing for the kind of things that would remain 😂

Here's the list: https://www.gov.uk/government/publications/dbs-list-of-offences-that-will-never-be-filtered-from-a-criminal-record-check

List of offences that will never be filtered from a DBS certificate

The DBS list of offences is available in word, excel and open document spreadsheet formats.

https://www.gov.uk/government/publications/dbs-list-of-offences-that-will-never-be-filtered-from-a-criminal-record-check

BorgQueen · 02/10/2023 14:52

Hmm, my DD had a caution at 14 for shoplifting 🙄

She was told if she accepted the caution it would be removed from her record at 18, they lied and it wasn’t.
She still has it at 33 and as she’s a Teacher, she’s had quite a few DBS checks.

Cyllie33 · 02/10/2023 15:03

Ah, thank you!

AutumnFroglets · 02/10/2023 15:07

cautioned · 02/10/2023 10:11

Also, I've never been called for Jury service. Is this because of my caution?

No caution or charges, not even a speeding or parking ticket. Nearing 60 and never been called up.

*touches wood so she never is 😂

FSTraining · 02/10/2023 16:44

BorgQueen · 02/10/2023 14:52

Hmm, my DD had a caution at 14 for shoplifting 🙄

She was told if she accepted the caution it would be removed from her record at 18, they lied and it wasn’t.
She still has it at 33 and as she’s a Teacher, she’s had quite a few DBS checks.

That's rather odd that it is still there as she was a minor when the offence was committed. It will stay on the record but would ordinarily be filtered out unless the Police felt it was relevant to include it.

I don't think they deliberately lied as their understanding at the time was right. It's a bit odd that it is still included.

FSTraining · 02/10/2023 16:45

AutumnFroglets · 02/10/2023 15:07

No caution or charges, not even a speeding or parking ticket. Nearing 60 and never been called up.

*touches wood so she never is 😂

Sod touching wood. What you want to do is commit an offence that will only result in a caution 😂Then no jury service!

prh47bridge · 02/10/2023 17:05

BorgQueen · 02/10/2023 14:52

Hmm, my DD had a caution at 14 for shoplifting 🙄

She was told if she accepted the caution it would be removed from her record at 18, they lied and it wasn’t.
She still has it at 33 and as she’s a Teacher, she’s had quite a few DBS checks.

If it is appearing on her DBS check, she should complain. It doesn't meet the bar for being disclosed in non-conviction information and there is no way anything that happened when she was 14 should be included in conviction information.

TooTired2024 · 04/06/2024 12:09

I got a caution for a drugs offence when I was 18 (possibly illegally as I was just standing next to my boyfriend of the time and didn't realise he was trying to get some hash from someone the police were following) - I've had loads of DBS checks since though, and it's never come up.

I was very honest about it the first time, but in the interview my interviewers said they admired my honesty but didn't think it was important, and I still got the job.

I'm now in my mid 50s and had a good career so doubt it ever will be an issue.

I've never been invited for jury service though!

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