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Ben Jones
Ben Jones, Solicitor
Category: UK Law
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Experience:  Specialist in UK Law with expertise in UK Employment Law
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in 2001, I was cautioned and 6yrs ago I applied for a course

Resolved Question:

in 2001, I was cautioned and 6yrs ago I applied for a course that required a CRB check. the caution did not appear on the CRB check. In 2010, I applied for a job that also required a CRB check, the caution also did not appear on the CRB. My question is; although the caution has not appeared on any of my CRB checks, could it still appear on further CRB checks?
Submitted: 10 months ago.
Category: UK Law
Expert:  Ben Jones replied 10 months ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.


If it has not appeared on any criminal checks to date then it is unlikely it will appear on any future checks. They all get the information from the same source (Police National Computer) and it would suggest that it is no longer stored on there.


 


To be sure whether these details are still stored on the PNC, then you can write to the police force that was responsible for dealing with your criminal record and make a Subject Access Request under the Data Protection Act 1998. This would involve writing to them, including proof of your ID, and requesting that they release any information held on you on the PNC. There may be a small fee involved, so I suggest you contact them first to check exactly what they need before you write to them with your request.

Customer:

what about enhanced CRB checks

Ben Jones :

A standard check would automatically show a caution so if it has not picked it up then one would assume it is not on the system any longer. In an enhanced check they could still use other 'soft intelligence' stored on your records, so not the specific caution but any other information which could be separate or relating to that. You can still check this information by doing a subject access request

Customer:

how many years do they keep things as caution on the CRB?

Customer:

*cautions

Ben Jones :

Until recently it could have been indefinitely although they may be removed after some time, although it depends on the specific police force. New rules state that an adult caution will be removed after 6 years have elapsed since the date of the caution – and if it does not appear on the list of offences relevant to safeguarding.

Customer:

thank you

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the service I have provided you with as that is an important part of our process. Thank you and all the best

Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 38346
Experience: Specialist in UK Law with expertise in UK Employment Law
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