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If a spent conviction doesn't show up on the PNC, why should one find about their local Police...


If a spent conviction doesn't show up on the PNC, why should one find...

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AB2014
AB2014
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Miguel - 21 Nov 18 9:13 AM
Thanks AB2014,


This is the answer I was hoping to get.  I just wonder why Unlock would suggest to also get a copy of the local Police records as suggested here:
https://hub.unlock.org.uk/knowledgebase/retention-deletion-police-records/#conviction

Was this article written before 2013? It's clear the advice given is a bit conflicting. What do you (and any other forum members) think?

Well, there are two types of police information - the arrests/cautions/convictions on the Police National Computer, and information held on local files. That is non-conviction information, such as fixed penalty notices, cannabis warnings, allegations, soft intelligence and so on. Crucially, it also includes details of convictions for non-recordable offences. These won't show on the PNC but will be kept on local records for future reference. Unlock has information about recordable offences here, and a link to the law on recordable offences.

=========================================================
Grrr! Aaargh!

Miguel
Miguel
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Thanks AB2014,


This is the answer I was hoping to get.  I just wonder why Unlock would suggest to also get a copy of the local Police records as suggested here:
https://hub.unlock.org.uk/knowledgebase/retention-deletion-police-records/#conviction

Was this article written before 2013? It's clear the advice given is a bit conflicting. What do you (and any other forum members) think?

AB2014
AB2014
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Miguel - 20 Nov 18 8:52 AM
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.


Well, your information is quite thorough, but hopefully I can keep my answers short.

1) No. Filtering does not apply to the PNC.
2) You are probably right.
3) Enhanced DBS checks are based on what is on the PNC, so if it isn't on the PNC against your name, it shouldn't be on an enhanced DBS check against your name.

Effectively, if it is not on the PNC, it doesn't exist. If there was a mistake in recording it, such as the wrong name, then it shouldn't be linked to you if/when a check is done. The only problem you would have is if you disclose a conviction that isn't on your record, as that would at least cause confusion and would probably trigger all sorts of discrimination. If your subject access request doesn't show it, then the best thing to do is probably not to disclose it.

=========================================================
Grrr! Aaargh!

Miguel
Miguel
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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.


Edited
2 Years Ago by Miguel
GO


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