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