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advice regarding crb

richy — Thu, 27 Oct 2016 18:11:14 GMT

Hi I,m new to the forum and i,m looking for some advice regarding my crb. I,m 47 yrs old and i was convicted of a "Burglary and Theft Non Dwelling " charge when i was 17 in 1987 I received a fine of £50. which i,m very embarrased with. I applied for a job as a maintenance man in a care home in 2011 and found out on the CRB check the convictions were still valid . I explained the situation and said that i,m a very different person today than i was then and luckily was given the job. I have since moved on and have seen a new job in a Care Home as a maintenance man and would like to apply but feel i,m wasting my time due to my conviction. I have read a small article stating some offences will be filtered from CRB check. I phoned Nacro for advice and the lady i spoke to asked for reference numbers included on my form and then stated mine will be valid for life which was a big disapointment for me! so i typed in the reference numbers on the web and they come back as a straight burglary conviction does anyone have any advice as to whether there is a difference as to Non Dwelling burglary and a straight Burglary charge with regards to the filtering process. I await and thank you for any replies. Regards Rich

RE: advice regarding crb

richy — Thu, 27 Oct 2016 18:11:14 GMT

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[b]Deb S - 27 Oct 16 9:18 AM[/b]

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[b]richy - 26 Oct 16 7:04 PM[/b]

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[b]richy - 26 Oct 16 6:55 PM[/b]

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[b]Deb S - 26 Oct 16 8:58 AM[/b]

Hi Richy

I believe there is every likelihood that your conviction would be eligible for filtering provided that you only have one conviction and one charge.

If you've still got the CRB certificate that you got in 2011, you might want to have a look to see what section of the Theft Act you were charged under. Providing it's not one of the following, then it will be eligible for filtering.

Theft Act 1968, S10
Theft Act 1968, S12A
Theft Act 1968, S8
Theft Act 1968, S9(1)(a)
Theft Act 1968, S9(1)(b)

If you haven't got your old CRB and you really want to be sure about this, then your best bet would be to get a copy of your police record (a Subject Access Request) - details of how you go about this can be found at - https://www.acro.police.uk/.

Assuming that it will be filtered, then it won't appear on your DBS check (the new name for a CRB) and you won't need to disclose it to any future employer.

Hope this helps but feel free to contact the helpline if you need anything further.

Good luck

Debs

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Hi Debs Thanks for your reply and advice.I was convicted of "burglary and theft-non dwelling theft act 1968 S.9(1)(B) and theft ..., theft act 1968 S.1" both offences were at the same time when i wrongly stole a metal bar so i guess it wont be filtered but taking your advice i will apply for a Subject Access Request i,m now puzzled as to why i had two convictions for 1 offence but its probably way to long back to ask questions. Once again Thanks for the help.
Regards Richy

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Hi Richy

Sadly at the moment these won't be eligible for filtering but we have been doing some policy work around filtering, especially around multiple offences. Have a look at our page relating to this https://www.unlock.org.uk/policy-issues/specific-policy-issues/filtering/.

You never know, things may change when our legal challenge goes back to Court early next year.

Debs

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Hi Deb Thanks for your help and good luck with your challenge as i feel if successful it will help numerous people who like me are still being punished for a foolish mistake made when i was a young lad 30 years ago and who are now trying to support their families by getting into work. Regards Rich

RE: advice regarding crb

Deb S — Thu, 27 Oct 2016 09:18:05 GMT

[quote]

[b]richy - 26 Oct 16 7:04 PM[/b]

[quote]

[b]richy - 26 Oct 16 6:55 PM[/b]

[quote]

[b]Deb S - 26 Oct 16 8:58 AM[/b]

[/quote]

RE: advice regarding crb

richy — Wed, 26 Oct 2016 19:04:22 GMT

[quote]

[b]richy - 26 Oct 16 6:55 PM[/b]

[quote]

[b]Deb S - 26 Oct 16 8:58 AM[/b]

[/quote]

richy — Wed, 26 Oct 2016 18:55:49 GMT

[quote]

[b]Deb S - 26 Oct 16 8:58 AM[/b]

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RE: advice regarding crb

Deb S — Wed, 26 Oct 2016 08:58:00 GMT

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[b]richy - 25 Oct 16 9:07 AM[/b]

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[b]richy - 24 Oct 16 10:33 AM[/b]

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Using the Theft Act 1968

Provided the requisite elements of the offence are satisfied, theft will usually be the most suitable offence for the removal of trackside cabling and other equipment or metal.

Charges of handling may be appropriate for those found in possession of stolen metal where there is insufficient evidence to link the defendant with the original theft.
Hi i read the above from .Gov website my crime was i actually stole a metal bar from the side of a road being constructed and there were actually no buildings involved whatsoever so should i have been charged with straight theft and not burglary in the first place ? Any views appreciated Thank You Rich

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RE: advice regarding crb

richy — Tue, 25 Oct 2016 09:07:27 GMT

[quote]

[b]richy - 24 Oct 16 10:33 AM[/b]

[/quote]

Using the Theft Act 1968

Provided the requisite elements of the offence are satisfied, theft will usually be the most suitable offence for the removal of trackside cabling and other equipment or metal.