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
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
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.