Hi' I,v been with my company for three yrs, been a good employee and work hard however they have now asked for an enhanced DBS which will show 3 convictions which I got 12 yrs a go. I have been told that my position should only be a basic check and not to declare these however when I started with the company I declared these in writing but still got the job! But I think they lost my letter and never noticed my convictions as on my first day they performed a check via logging in to the computer, as I already declared my confictions I did do the check but I did not advise of the conviction again. I am now unsure whether to declare these again or not too, when I started the job they did do a check but unsure if it was basic or enhanced. What are my rights if I declare and they sake me or if I don't declare can I fight this advising that I have already declared these. Can I ask for my information they have for me from HR too find out if my letter is in my file.
My job is in an office answering incoming calls on a Careline which involve helping the elderly with either maintenance problems or health problems, no contact is made with the clients.

Really need advice.

Thanks guys

Sue

Hi Sue

Have they asked all employees to have a DBS check?  Is this something that they do as a matter of course every 3 years (some employers do just to ensure that nothing has changed)? Do you have a copy of the letter that you initially gave to the company disclosing your convictions? If you don't know why they're doing the check then you'd be well within your rights to ask. This might make you feel a little less anxious. 

It sound as though the company should only be doing a basic check and this is something you can challenge, either by raising it with the company directly (although this may flag up the fact that something will be disclosed) or by agreeing to the check and then raising it as an eligibility query with the DBS. Have a look at our information page around this - https://hub.unlock.org.uk/knowledgebase/challenging-an-ineligible-dbs-check-2/. Alternatively, give our helpline a call and we can try to assist you. 

At the end of the day, I'd say it's probably unlikely that your employer wouldn't have noticed that you had a criminal record. However, the convictions are very old and, if they're not relevant to the job you're doing then they may well have decided to totally disregard them. You could ask to see the information that HR holds about you but they'll probably want to know why you need it, which means that you'll end up disclosing anyway. 

I hope this helps. Let us know how you get on or, give the helpline a call if you need any further information.

Kind regards

Debs 

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Hi Debbie

Thanks for your reply it was very helpful, I've just filled in my check for work and the only question was if I had any unspent convictions which I have answered no because mine are spent.

Have I answered it correctly if that is the case I have, and if they come back as spent I've done nothing wrong but thank you again hope to hear from you soon.

Sue

Hi Sue

Yes you've absolutely answered correctly. 

Let us know what happens when the check comes back.

Debs

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