How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 45306
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your UK Law Question Here...
Ben Jones is online now
A new question is answered every 9 seconds

My employer ( NHS Trust ) is asking for all staff to be subjected

This answer was rated:

My employer ( NHS Trust ) is asking for all staff to be subjected to a DBS ( CRB ) search.
I had a DR10 12 years ago which resulted in 12 months ban & £400 fine, i dont recall that I had any points put on license but I may be wrong.

Is this likely to show up on the search?

Thank you.. Tony

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What level of check are you having done?

Customer:

not sure but I suspect it will be basic or standard

Ben Jones :

Under the Rehabilitation of Offenders Act 1974 (“ROA”), subject to certain exceptions, those convicted of a criminal offence who have not re-offended during a specified period from the date of conviction will be deemed rehabilitated and their convictions would be classified as "spent".


 


Whether a past conviction appears on a DBS check depends on what level DBS check is being undertaken. There are three types of DBS check – Standard and Enhanced:



  • Basic - shows only unspent convictions

  • Standard – displays spent and unspent convictions, as well as cautions, reprimands and final warnings

  • Enhanced – same as a Standard check but also shows Sex Offenders Notification Requirements (where relevant to post applied for) as well as local police intelligence held by the police that they consider is suitable for the application


 


Recent legislation has introduced a filtering system for certain offences and they will not show up on a DBS check, even if they would have in the past. The current guidelines are:


 


For those 18 or over at the time of the offence an adult conviction will be removed from a DBS criminal record certificate if:



  • 11 years have elapsed since the date of conviction; and

  • it is the person’s only offence, and

  • it did not result in a custodial sentence.


 


So according to the new rules, if it has been more than 11 years since the conviction, it should not be included even in a Standard check, whereas it would have been included in the past.

Customer:

Ok... thats good news. Thank you for your time.

Ben Jones :

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

Ben Jones and other UK Law Specialists are ready to help you