theForum

Can anyone confirm to me if my offence has been filtered?


https://forum.unlock.org.uk/Topic1366.aspx

By dbcooper - 11 May 15 3:19 PM

Offence
Arrest/Summons Ref: 07/0000/00/402778U
Crime Reference: 01XA/CN1842/07
Offence Number: 1
Court/Caution/Force Reference: 07/6734/100755E
Court Offence Number: 1
Adjudication: NOT GUILTY
Plea Description: NOT KNOWN
Originator: 01 (METROPOLITAN POLICE)
ACRO Subject Access Request SA/15/017779
Page 3 of 3
Offence Description: ROBBERY
Offence Date(s): 24/03/07
location: STATION ROAD LONDON W5 3HX (01)
Disposal: 15/05/07 AT EALING JUVENILE COURT REF: 07/6734/100755E
1 WITHDRAWN FINAL



Offence
Arrest/Summons Ref: 07/0000/00/402778U
Crime Reference: 01XA/CN1842/07
Offence Number: 2
Court/Caution/Force Reference: 07/6734/100755E
Court Offence Number: 2
Adjudication: GUILTY
Plea Description: GUILTY
Originator: 01 (METROPOLITAN POLICE)
Offence Description: ATTEMPT/ROBBERY
Offence Date(s): 24/03/07
location: STATION ROAD LONDON W5 3HX (01)
Disposal: 15/05/07 AT EALING JUVENILE COURT REF: 07/6734/100755E
1 REFERRAL ORDER 6 MTHS (MONTHS)
2 COSTS £20.00



I was 15 at the time of the offence back in 2007. Now I am 23 years old. I was told in court if I plead guilty for one of the charges they will drop the other charge. I'm confused as I paid £20 compensation but was not charged for robbery . Will my offence be filtered????
By Steve0606 - 7 Apr 13 4:11 PM

Hi dbcooper

I take it that what you have is posted is a subject access request. It would appear from this that you were charged for both attempted robbery and robbery but were found not guilty of the latter.

Unfortunately, attempted robbery is an offense that is not eligible for filtering and would therefore always be disclosed on a standard or enhanced DBS certificate.

I hope this clears things up for you. If you want some advice on this matter, I would suggest contacting Unlock via their helpline.

Regards

Steve
By dbcooper - 11 May 15 3:19 PM

Thanks for your reply. Unfortunately I've chosen a career in the health sector. I graduate in 2 years in which my conviction for attempted robbery would be 10 years old. You think NHS employers will be able to look past this and realise I was a 15 year old kid going through a rough phase and hanging around with the wrong crowd . ( 4 other 15 year olds were charged with me, one later had the charges dropped by denying everything and requesting a lawyer. Ironically he and another were the main culprits who approached the victim and stole his iPod. The rest of just stood there and watched. I received a 6 months referral order were i had to visit a youth offending panel every week and do 13 hours community service. I feel like I've been punished enough by the guilt alone of what I had to put my family through. I have even considered moving abroad and starting a new life in another country for the sake of a fresh start because the uk isn't going to give me that.
By Steve0606 - 7 Apr 13 4:11 PM

I understand perfectly your frustration. I myself am trying to pursue a career as a Chartered Accountant which requires DBS checks.

I can't answer your question about whether or not employers in the NHS would look past your conviction but I would imagine the fact that you were under 16 at the time of the offence would work in your favour. Moving abroad is certainly an option, but one which should not be taken lightly of course.

I think what needs to be done is more people with convictions coming out and putting more pressure on the Government to extend things like filtering even further.

Again, I would suggest calling Unlock's helpline who can do a much better job of advising you than I can.
By Deb S - 16 Sep 11 1:36 PM

Hi dbcooper

It may be that your conviction would be eligible for filtering. You really will need to establish what Act you were charged under and the section of the Act. This information doesn't seem to be on the SAR so I'd go back to the police and ask them if they could provide you with this. In light of the career choice that you have made, it would definitely be worth doing.

You can have a look at the list of offences which will never be filtered at /www.gov.uk/government/publications/dbs-list-of-offences-that-will-never-be-filtered-from-a-criminal-record-check

Good luck. Give the Unlock Helpline a ring if you require any further information.


Need Unlock's advice? Visit our self-help information site or contact our helpline

By dbcooper - 11 May 15 3:19 PM

Thank you very much for your support Deb. I will definitely explore this matter further. Can you please specify to me, to your knowledge, under which act my offence would be filtered because I have searched all over the legislation documents available online and have not found any information regarding this.

Regards
By The Pineapple Thief - 3 Feb 15 2:54 PM

I'd back what Debs says with finding out what act you were charged under. I had a look at the list of offences that have been filtered already and robbery is on there as well as on the list that Debs has provided the link to. I could find Robbery under the Theft Act (in that list) but not Attempted Robbery. That said, a quick search for "attempt" in the actual legislation didn't make a distinction under the Robbery section.

The other thing to remember is that as you were 15 at the time so if it has been filtered, it would have been by now (5.5 years). It might be worth looking it up directly with the DBS.

Good luck


I haven't stolen any Pineapples, but they are a great prog rock band!