+xEvening All I hope you are all well. Clarification please on two points. Once convictions are spent (according to the date of the online calculator from this website.) Will they simply just drop off on the date stated? Are there any catches like any sort of lapse periods or anything? So for example if my convictions are due to be spent on 2nd October 2018 Could i go online order a copy of my DBS certificate on the 3rd of October and because my convictions were spent the day before they would not show up on the DBS correct? Also If a application form says "Do you have any criminal convictions?" It does not specifically state whether they are talking about SPENT or UNSPENT neither does it mention anything about being exempt from the ROA once my convictions are spent i assume i can legally tick NO? however, if the check comes back as a standard DBS and they see convictions and refuse me the job (or sack me) stating that i lied on the application form, could the company potentially face a claim against them? many thanks Neo First of all, once a conviction becomes spent, it will no longer be disclosed on a basic DBS check. The process is that when a check is done after that date, the DBS computer works out that it doesn't have to disclose it and so it isn't disclosed. If you do a check on yourself on the day after your conviction becomes spent, it should come back with nothing to disclose. There is no lapse period or anything else. The only thing that could interfere would be if you got another conviction while you were waiting for the first conviction to become spent, as neither would become spent until both reached their rehabilitation date. When it comes to disclosure, the level of check depends on the content of the job, so you should have a reasonable idea of which check will be done. If you don't, then Unlock has some useful information here. Any disclosure question can be interpreted as "what are we going to see on your check?", so you can answer accordingly. If the job has a basic DBS check, then once your conviction is spent you can answer no. If the job is eligible for a standard or enhanced DBS check, most employers are professional enough to phrase the question properly, but not all are. If you don't disclose something they then see on an eligible check, they would probably see it as dishonesty. If they did a standard or enhanced DBS check for a job that wasn't eligible, you can challenge the check before it is actually run, and the DBS will investigate. Any information they see that they don't have a right to see is technically a breach of data protection law, and if there are any repercussions for you, then the Information Commissioner's Office would be interested in hearing from you.
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If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)
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