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Will my section 39 common assault conviction be removed now its been 11 years?


https://forum.unlock.org.uk/Topic27242.aspx

By dave_uk - 24 Feb 20 7:39 PM

Hi, 11 years ago i was arrested for common assault (section 39) i remember on the little form he gave me it did only say common assault section 39 and nothing else.
In that time i have not applied for any new job out of fearing if it got found out I’d lose my current job as i would probably want to look at another job in the place i currently work (NHS) (No patient contact)

I read that after 11 years common assault can be filtered out from DBS checks, does that include standard and enhanced checks?

I read that it can be removed if the conviction was non violent, well yeh i hit someone but it wasn't exactly out of violence as such.

How do i know if what i done was classed as violent? i read on another site if  it was classed as violent then it would have been classed as ABH or GBH?

If that’s the case would i be filtered out? How would i also know the date it would be wiped from my record or would i be best phoning them to confirm its been taken off?

This is something I’d say has pretty much ruined my life because it was actually something really stupid but I’ve felt i can't apply for another job as I’ve been so worried about losing the job i have, if i went for a job in the place i work and didn't get it, they could then get rid of me i assume?

Thanks

Dave
By Evan Davis - 14 Apr 25 10:14 AM

dave_uk - 13 Apr 25 11:15 AM
Hi, sorry to reply to this again.
I have finally applied to ACRO to see what comes back (was much easier than I thought it was going to be).

In the crime offender record, it shows:
Offence recorded desc: Sec 47 assault occasioning actual bodily harm

Then at the bottom in the Court result record it shows: 
Offence: Common assault, Sec 39
Result: Community order (180 hours unpaid work)

I still have not applied for any job in the whole time since this happened, which is now a good amount of time over 11 years, so is spent. I have still always worried about it appearing on checks.
I have always worked for the health service doing an admin role, and it's never been mentioned to them. Funnily enough, the arresting officer took me aside and told me to say I don't have a job when asked.

I have always wanted to go for other admin roles, but the worry of this harming my current role has always stopped me. If I did go for a job, still within the health service, and anything got brought up on the DBS check, even if i didn't get the job I am going for, could that then get me sacked from my current role for never letting them know?

I know these jobs should really just be a basic check as there's no patient contact, but I only ever see them being advertised as standard or enhanced, I don't think I have ever seen any of the admin roles being advertised with a basic check.

I know my offence would be filtered and comes under that, I guess the thing I am so hesitant about is that the police can still disclose information if they feel it's relevant, can't they? And I keep thinking being a health service role, even admin, they may feel that should be disclosed? Would that be the case, or is there just no way of knowing without applying for a job?

Because the ACRO document shows the police recorded it initially as sec 47 which is worse, could they only see that and not the outcome was sec 39, so they may feel they are responding to what they think was a sec 47 offence?

Or am i really just over thinking everything? I just don't want to lose my job, in the process of trying to get a new one. Sad

Regards
Dave


Hi Dave

As you rightly stated, the reason for the difference in what PNC and court records show is simply because the offence was downgraded - the Police suspected you of a ABH offence, but ultimately, a prosecutor/the Court decided that in fact it was only a common assault.

This means the conviction can filter 11 years from the date of the conviction, as the conviction is for common assault - this wouldn't have been possible of course had the conviction been for ABH.

Generally, the "additional relevant information" section on an Enhanced DBS certificate is for serious matters that raise safeguarding issues but haven't resulted in a disclosable conviction - I really do not think that your common assault conviction from well over 10 years ago qualifies as this - so whilst I can't give you the 100% categorical assurance that it won't be disclosed, I can say that it'd be extremely rare for it to be disclosed and I personally have not seen any case myself where this type of conviction has been disclosed.

Furthermore, you should be aware that "additional relevant information" can only be added to Enhanced certificates, not Basic or Standard ones.

I'd say, honestly - you probably are overthinking this a bit. Which is completely understandable as I'd probably do the same myself! But I'd just remind you to remember that this incident took place many, many years ago, you don't present any ongoing risk to anybody, and in any event, your contact with patients is very limited anyhow - the NHS generally are good with these situations where employees have minor or old convictions that don't impact their ability to safely carry out their role - at least from my experience.