Hi everybody. First things first, I wish to thank all the staff and the volunteers at Unlock for this precious website. I've been been binge-reading your pages, and with your help I'm trying to make sense of my criminal record, but there are still a couple of questions I need to ask because they're not 100% clear.
I've decided to split my questions into different threads, so that I can separate the various matters from each other.
On
Retention and deletion of police cautions and convictions I read:
What if my conviction doesn’t show up on my police record?
Check local records
It is possible that you have only received details from the PNC. You need to see a copy of the local police records from wherever you received the conviction. It may be recorded there. This wouldn’t automatically be disclosed on a DBS certificate, but may be disclosed on an enhanced certificate.
But on
Filtering of spent cautions / convictions – A simple guide I read:
Since May 2013, standard and enhanced checks no longer disclose ALL cautions and convictions. Following a Court of Appeal ruling, the Government introduced a process of ‘filtering’
(...)
instead of establishing what is ‘spent’ and so what doesn’t get disclosed on a basic check, ‘filtering’ establishes what doesn’t get disclosed on a standard or enhanced DBS check
(...)
In practice, it means that if you’re applying for a job or role that involves a DBS check, you are legally entitled to withhold the details of anything that would now be filtered.
and on
Filtering of spent cautions / convictions – A detailed guide
You do not need to disclose a conviction or caution that would now be filtered. It doesn’t matter what question an employer in this situation asks you – if your conviction or caution is now filtered, you can answer “No”. If the employer goes on to do a standard or enhanced check, because it is now filtered, it will not appear on the check that comes back
So at this point my questions are:
1) If my spent conviction doesn't appear on the PNC, does it mean it is filtered?
2) if 1=true, this makes me think it will never appear on an enhanced DBS, however:
3) In the first link above, it is said that the conviction might appear on an enhanced certificate.
Therefore I'm a bit confused on how to proceed, because I have a past conviction (more details in a separate thread) that doesn't show up on the Subject Access from
ACRO , but I'm still worried.
Many thanks for your attention and I will appreciate any input.