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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 46144
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I have a (1) Conviction on 11/12/1981 counts of handling on

Customer Question

I have a (1) Conviction on 11/12/1981 for 2 counts of handling on theft act 1968 S.22: Juv Court Fine �30 x 2
and
1 (DR10) 18/03/2005
Could I get these completely removed from all or any police / gov records?
Submitted: 1 year ago.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Have you checked to see if they are still on your file?

Customer: replied 1 year ago.
they are still on file
Customer: replied 1 year ago.
Both are on my enhanced DBS and the DR10 is on the check my license .gov website showing as expired but I would pay to have these removed if possible
Expert:  Ben Jones replied 1 year ago.

This is not about payment to get them removed – there are strict rules that deal with this. 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'. Spent convictions do not have to be declared if an employer is asking if you have a criminal record, unless the employment is for an exempt position (you should be told in the application form if the position is exempt).

If you are going to be subjected to a Disclosure and Barring Service (DBS) check (this replaced the old CRB check), then whether a past conviction will appear on it depends on what level DBS check is being undertaken. There are three main types of DBS check:

· Basic - contains only unspent convictions

· Standard – contains spent and unspent convictions, as well as cautions, reprimands and final warnings

· Enhanced – same as a Standard but also includes local police intelligence considered relevant to the application

However, recent legislation has introduced a filtering system for some offences and they will not show up on a DBS check after a specified period of time has elapsed. The current guidelines are:

For those aged 18 or over at the time of the offence an adult conviction will be removed from a DBS check 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.

The issue with Enhanced checks is that it allows the police to include any additional information stored about you on the police database if they deem it is relevant. Records can remain until the person’s 100th birthday and this was confirmed by the courts. So you cannot actually force the police to remove this information – it will automatically be removed or filtered if it meets the above criteria and in some cases can remain for life.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Customer: replied 1 year ago.
Hi Ben, unfortunately I managed to get the same information easily from the internet before I tried this service, that's why I looked for help, so you haven't really helped, "not being funny"
I was hoping you would know if convictions prior to "the old (weeding’ guidelines)" could still be removed provided they met the expiry criteria and if so how could an application / request / appeal be made.
The Convictions I have all occurred prior to 2006.
The handling JUV convictions were significantly spent prior to 2006.
I do have an enhanced DBS as I work in education but would like to explore all avenues as to whether some or all of this embarrassing information can be removed.
I know about weeding up to 2006 and step down up to 2009, I will write to the chief Constable in due course even though it might be a waste of time, do you know of lawers / solicitors who deal specifically / specialise with these type of things that you could recommend?
Customer: replied 1 year ago.
Oh also aware of ‘Exceptional Case Procedure’
Expert:  Ben Jones replied 1 year ago.

I understand that you may have read all of this before coming here but your legal position is the same whether you get it from here or another source. So I cannot make up additional information just to make it look like you have more rights when in reality you do not. So when you got the convictions will be largely irrelevant because the filtering procedure applies to all cases, whether new or old. Your issue is the fact you are having an Enhanced check and that can show up information for life, regardless of filtering guidelines.

You can contact these lawyers for advice on this matter of you want them to challenge the checks:

http://www.lansbury-worthington.co.uk/site/services/data_protection/

Hope this clarifies?

Customer: replied 1 year ago.
Mmmm, its the answer I expected unfortunately, I had hoped there were things I had missed, not being a professional like you. It seems though that in the brief time I spent looking into this on the internet you have not been able to further illuminate me (no disrespect intended)
So that's it then, dead end.
Expert:  Ben Jones replied 1 year ago.
I can only tell you what your actual position is unfortunately.