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Enhanced DBS- Reinvestigating a crime which had been NFAd?


Enhanced DBS- Reinvestigating a crime which had been NFAd?

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Jbren
Jbren
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Hi I would appreciate any help anyone can give me with this.

About 6 years ago I was arrested on suspicion of a crime/

Was released morning after arrest- wasn't interviewed. Was asked to write to sincerely apologise to the complainant. Case was given NFA. At the time I was training to do a job working with vulnerable adults. A few months later finished my training and was offered a job. Was almost certain as it was so recent that it would come up as non conviction information on my enhanced DBS. Disclosed to my employer. Employer was fine with it- DBS came back with nothing on it.

Im now in the exact same position. Been offered another job which needs an enhanced DBS. I Have taken the job, disclosed to my employer, he said 'it will be fine.' 

However, I am particularly concerned about the potential scenario of the police assessing the information and then decided to reinvestigating the crime. I have spoken to a solicitor who advised that the chances of this happening are remote- he said has seen it happen once in ten years of practice but that was for a particularly serious crime. However I can't stop worrying about it, to the extent I'm now thinking of turning the job down (due to start in a week or so) just to cancel the DBS process to prevent this scenario from happening. Can anyone tell me how likely this is to happen? Thanks in advance.





Edited
2 Years Ago by Jbren
Hola
Hola
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Jbren - 29 Nov 19 8:43 PM
Hi I would appreciate any help anyone can give me with this.

About 6 years ago I was arrested on suspicion of a crime/

Was released morning after arrest- wasn't interviewed. Was asked to write to sincerely apologise to the complainant. Case was given NFA. At the time I was training to do a job working with vulnerable adults. A few months later finished my training and was offered a job. Was almost certain as it was so recent that it would come up as non conviction information on my enhanced DBS. Disclosed to my employer. Employer was fine with it- DBS came back with nothing on it.

Im now in the exact same position. Been offered another job which needs an enhanced DBS. I Have taken the job, disclosed to my employer, he said 'it will be fine.' 

However, I am particularly concerned about the potential scenario of the police assessing the information and then decided to reinvestigating the crime. I have spoken to a solicitor who advised that the chances of this happening are remote- he said has seen it happen once in ten years of practice but that was for a particularly serious crime. However I can't stop worrying about it, to the extent I'm now thinking of turning the job down (due to start in a week or so) just to cancel the DBS process to prevent this scenario from happening. Can anyone tell me how likely this is to happen? Thanks in advance.





I'm no expert, but surely if it didn't come up the first time why would it the next time ? Unless the police have re-opened the case against you in the interim ?
Jbren
Jbren
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Posts: 4, Visits: 21
Hola - 30 Nov 19 8:13 AM
Jbren - 29 Nov 19 8:43 PM
Hi I would appreciate any help anyone can give me with this.

About 6 years ago I was arrested on suspicion of a crime/

Was released morning after arrest- wasn't interviewed. Was asked to write to sincerely apologise to the complainant. Case was given NFA. At the time I was training to do a job working with vulnerable adults. A few months later finished my training and was offered a job. Was almost certain as it was so recent that it would come up as non conviction information on my enhanced DBS. Disclosed to my employer. Employer was fine with it- DBS came back with nothing on it.

Im now in the exact same position. Been offered another job which needs an enhanced DBS. I Have taken the job, disclosed to my employer, he said 'it will be fine.' 

However, I am particularly concerned about the potential scenario of the police assessing the information and then decided to reinvestigating the crime. I have spoken to a solicitor who advised that the chances of this happening are remote- he said has seen it happen once in ten years of practice but that was for a particularly serious crime. However I can't stop worrying about it, to the extent I'm now thinking of turning the job down (due to start in a week or so) just to cancel the DBS process to prevent this scenario from happening. Can anyone tell me how likely this is to happen? Thanks in advance.





I'm no expert, but surely if it didn't come up the first time why would it the next time ? Unless the police have re-opened the case against you in the interim ?

Thanks for your reply. No I have heard nothing since as far as I know tthey have never reopened the investigation. I spoke to a lady from the relevant police force from the dept which deals with DBS checks and she advised that she cannot discuss individual cases over the phone however just because it didn't come up the first time it doesn't guarantee that it won't come up the second time.
AB2014
AB2014
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Posts: 687, Visits: 4.3K
Jbren - 30 Nov 19 9:54 AM
Hola - 30 Nov 19 8:13 AM
Jbren - 29 Nov 19 8:43 PM
Hi I would appreciate any help anyone can give me with this.

About 6 years ago I was arrested on suspicion of a crime/

Was released morning after arrest- wasn't interviewed. Was asked to write to sincerely apologise to the complainant. Case was given NFA. At the time I was training to do a job working with vulnerable adults. A few months later finished my training and was offered a job. Was almost certain as it was so recent that it would come up as non conviction information on my enhanced DBS. Disclosed to my employer. Employer was fine with it- DBS came back with nothing on it.

Im now in the exact same position. Been offered another job which needs an enhanced DBS. I Have taken the job, disclosed to my employer, he said 'it will be fine.' 

However, I am particularly concerned about the potential scenario of the police assessing the information and then decided to reinvestigating the crime. I have spoken to a solicitor who advised that the chances of this happening are remote- he said has seen it happen once in ten years of practice but that was for a particularly serious crime. However I can't stop worrying about it, to the extent I'm now thinking of turning the job down (due to start in a week or so) just to cancel the DBS process to prevent this scenario from happening. Can anyone tell me how likely this is to happen? Thanks in advance.





I'm no expert, but surely if it didn't come up the first time why would it the next time ? Unless the police have re-opened the case against you in the interim ?

Thanks for your reply. No I have heard nothing since as far as I know tthey have never reopened the investigation. I spoke to a lady from the relevant police force from the dept which deals with DBS checks and she advised that she cannot discuss individual cases over the phone however just because it didn't come up the first time it doesn't guarantee that it won't come up the second time.

The police have to follow statutory guidelines about what and when to disclose, so it's not down to how someone is feeling on the day. For a start, any concerns would have to be relevant to the job in question. Then there's the fact that they released you without interview, so that knocks out the seriousness requirement. The other main one is how recent it was. It's certainly no more recent now than it was for your last enhanced DBS check. If I were a betting man, I'd put money on it not being disclosed. In fact, if they did find grounds for disclosing it, you could probably challenge it for the above reasons.

=========================================================

As Chris Stacey said: Although its not formally part of the sentence that is handed down in court, the criminal record that someone comes away with effectively becomes a second sentence, which can have a long-lasting, if not lifelong, impact.

Jbren
Jbren
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Posts: 4, Visits: 21
AB2014 - 3 Dec 19 8:58 AM
Jbren - 30 Nov 19 9:54 AM
Hola - 30 Nov 19 8:13 AM
Jbren - 29 Nov 19 8:43 PM
Hi I would appreciate any help anyone can give me with this.

About 6 years ago I was arrested on suspicion of a crime/

Was released morning after arrest- wasn't interviewed. Was asked to write to sincerely apologise to the complainant. Case was given NFA. At the time I was training to do a job working with vulnerable adults. A few months later finished my training and was offered a job. Was almost certain as it was so recent that it would come up as non conviction information on my enhanced DBS. Disclosed to my employer. Employer was fine with it- DBS came back with nothing on it.

Im now in the exact same position. Been offered another job which needs an enhanced DBS. I Have taken the job, disclosed to my employer, he said 'it will be fine.' 

However, I am particularly concerned about the potential scenario of the police assessing the information and then decided to reinvestigating the crime. I have spoken to a solicitor who advised that the chances of this happening are remote- he said has seen it happen once in ten years of practice but that was for a particularly serious crime. However I can't stop worrying about it, to the extent I'm now thinking of turning the job down (due to start in a week or so) just to cancel the DBS process to prevent this scenario from happening. Can anyone tell me how likely this is to happen? Thanks in advance.





I'm no expert, but surely if it didn't come up the first time why would it the next time ? Unless the police have re-opened the case against you in the interim ?

Thanks for your reply. No I have heard nothing since as far as I know tthey have never reopened the investigation. I spoke to a lady from the relevant police force from the dept which deals with DBS checks and she advised that she cannot discuss individual cases over the phone however just because it didn't come up the first time it doesn't guarantee that it won't come up the second time.

The police have to follow statutory guidelines about what and when to disclose, so it's not down to how someone is feeling on the day. For a start, any concerns would have to be relevant to the job in question. Then there's the fact that they released you without interview, so that knocks out the seriousness requirement. The other main one is how recent it was. It's certainly no more recent now than it was for your last enhanced DBS check. If I were a betting man, I'd put money on it not being disclosed. In fact, if they did find grounds for disclosing it, you could probably challenge it for the above reasons.

Thank you for your reply. So you're saying that if it was truly serious they would have had to at least interview me? 
AB2014
AB2014
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Jbren - 7 Dec 19 6:24 PM
AB2014 - 3 Dec 19 8:58 AM
Jbren - 30 Nov 19 9:54 AM
Hola - 30 Nov 19 8:13 AM
Jbren - 29 Nov 19 8:43 PM
Hi I would appreciate any help anyone can give me with this.

About 6 years ago I was arrested on suspicion of a crime/

Was released morning after arrest- wasn't interviewed. Was asked to write to sincerely apologise to the complainant. Case was given NFA. At the time I was training to do a job working with vulnerable adults. A few months later finished my training and was offered a job. Was almost certain as it was so recent that it would come up as non conviction information on my enhanced DBS. Disclosed to my employer. Employer was fine with it- DBS came back with nothing on it.

Im now in the exact same position. Been offered another job which needs an enhanced DBS. I Have taken the job, disclosed to my employer, he said 'it will be fine.' 

However, I am particularly concerned about the potential scenario of the police assessing the information and then decided to reinvestigating the crime. I have spoken to a solicitor who advised that the chances of this happening are remote- he said has seen it happen once in ten years of practice but that was for a particularly serious crime. However I can't stop worrying about it, to the extent I'm now thinking of turning the job down (due to start in a week or so) just to cancel the DBS process to prevent this scenario from happening. Can anyone tell me how likely this is to happen? Thanks in advance.





I'm no expert, but surely if it didn't come up the first time why would it the next time ? Unless the police have re-opened the case against you in the interim ?

Thanks for your reply. No I have heard nothing since as far as I know tthey have never reopened the investigation. I spoke to a lady from the relevant police force from the dept which deals with DBS checks and she advised that she cannot discuss individual cases over the phone however just because it didn't come up the first time it doesn't guarantee that it won't come up the second time.

The police have to follow statutory guidelines about what and when to disclose, so it's not down to how someone is feeling on the day. For a start, any concerns would have to be relevant to the job in question. Then there's the fact that they released you without interview, so that knocks out the seriousness requirement. The other main one is how recent it was. It's certainly no more recent now than it was for your last enhanced DBS check. If I were a betting man, I'd put money on it not being disclosed. In fact, if they did find grounds for disclosing it, you could probably challenge it for the above reasons.

Thank you for your reply. So you're saying that if it was truly serious they would have had to at least interview me? 

Well, seriousness could be either the "gravity" of the offence or whether the accuser says it really happened and they are genuinely believed. If they didn't bother to interview you, that says to me that neither is true. If they really thought you had done something, anything, wrong, they would interview you. OK, you were asked to apologise, but that then suggests that whatever happened didn't have much "gravity", or they would have taken it further.

=========================================================

As Chris Stacey said: Although its not formally part of the sentence that is handed down in court, the criminal record that someone comes away with effectively becomes a second sentence, which can have a long-lasting, if not lifelong, impact.

Jbren
Jbren
Supreme Being
Supreme Being (397 reputation)Supreme Being (397 reputation)Supreme Being (397 reputation)Supreme Being (397 reputation)Supreme Being (397 reputation)Supreme Being (397 reputation)Supreme Being (397 reputation)Supreme Being (397 reputation)Supreme Being (397 reputation)

Group: Forum Members
Posts: 4, Visits: 21
AB2014 - 10 Dec 19 9:39 AM
Jbren - 7 Dec 19 6:24 PM
AB2014 - 3 Dec 19 8:58 AM
Jbren - 30 Nov 19 9:54 AM
Hola - 30 Nov 19 8:13 AM
Jbren - 29 Nov 19 8:43 PM
Hi I would appreciate any help anyone can give me with this.

About 6 years ago I was arrested on suspicion of a crime/

Was released morning after arrest- wasn't interviewed. Was asked to write to sincerely apologise to the complainant. Case was given NFA. At the time I was training to do a job working with vulnerable adults. A few months later finished my training and was offered a job. Was almost certain as it was so recent that it would come up as non conviction information on my enhanced DBS. Disclosed to my employer. Employer was fine with it- DBS came back with nothing on it.

Im now in the exact same position. Been offered another job which needs an enhanced DBS. I Have taken the job, disclosed to my employer, he said 'it will be fine.' 

However, I am particularly concerned about the potential scenario of the police assessing the information and then decided to reinvestigating the crime. I have spoken to a solicitor who advised that the chances of this happening are remote- he said has seen it happen once in ten years of practice but that was for a particularly serious crime. However I can't stop worrying about it, to the extent I'm now thinking of turning the job down (due to start in a week or so) just to cancel the DBS process to prevent this scenario from happening. Can anyone tell me how likely this is to happen? Thanks in advance.





I'm no expert, but surely if it didn't come up the first time why would it the next time ? Unless the police have re-opened the case against you in the interim ?

Thanks for your reply. No I have heard nothing since as far as I know tthey have never reopened the investigation. I spoke to a lady from the relevant police force from the dept which deals with DBS checks and she advised that she cannot discuss individual cases over the phone however just because it didn't come up the first time it doesn't guarantee that it won't come up the second time.

The police have to follow statutory guidelines about what and when to disclose, so it's not down to how someone is feeling on the day. For a start, any concerns would have to be relevant to the job in question. Then there's the fact that they released you without interview, so that knocks out the seriousness requirement. The other main one is how recent it was. It's certainly no more recent now than it was for your last enhanced DBS check. If I were a betting man, I'd put money on it not being disclosed. In fact, if they did find grounds for disclosing it, you could probably challenge it for the above reasons.

Thank you for your reply. So you're saying that if it was truly serious they would have had to at least interview me? 

Well, seriousness could be either the "gravity" of the offence or whether the accuser says it really happened and they are genuinely believed. If they didn't bother to interview you, that says to me that neither is true. If they really thought you had done something, anything, wrong, they would interview you. OK, you were asked to apologise, but that then suggests that whatever happened didn't have much "gravity", or they would have taken it further.

It was an alleged sexual assault which is what makes me particularly worried.  
AB2014
AB2014
Supreme Being
Supreme Being (69K reputation)Supreme Being (69K reputation)Supreme Being (69K reputation)Supreme Being (69K reputation)Supreme Being (69K reputation)Supreme Being (69K reputation)Supreme Being (69K reputation)Supreme Being (69K reputation)Supreme Being (69K reputation)

Group: Forum Members
Posts: 687, Visits: 4.3K
Jbren - 15 Dec 19 7:06 PM
AB2014 - 10 Dec 19 9:39 AM
Jbren - 7 Dec 19 6:24 PM
AB2014 - 3 Dec 19 8:58 AM
Jbren - 30 Nov 19 9:54 AM
Hola - 30 Nov 19 8:13 AM
Jbren - 29 Nov 19 8:43 PM
Hi I would appreciate any help anyone can give me with this.

About 6 years ago I was arrested on suspicion of a crime/

Was released morning after arrest- wasn't interviewed. Was asked to write to sincerely apologise to the complainant. Case was given NFA. At the time I was training to do a job working with vulnerable adults. A few months later finished my training and was offered a job. Was almost certain as it was so recent that it would come up as non conviction information on my enhanced DBS. Disclosed to my employer. Employer was fine with it- DBS came back with nothing on it.

Im now in the exact same position. Been offered another job which needs an enhanced DBS. I Have taken the job, disclosed to my employer, he said 'it will be fine.' 

However, I am particularly concerned about the potential scenario of the police assessing the information and then decided to reinvestigating the crime. I have spoken to a solicitor who advised that the chances of this happening are remote- he said has seen it happen once in ten years of practice but that was for a particularly serious crime. However I can't stop worrying about it, to the extent I'm now thinking of turning the job down (due to start in a week or so) just to cancel the DBS process to prevent this scenario from happening. Can anyone tell me how likely this is to happen? Thanks in advance.





I'm no expert, but surely if it didn't come up the first time why would it the next time ? Unless the police have re-opened the case against you in the interim ?

Thanks for your reply. No I have heard nothing since as far as I know tthey have never reopened the investigation. I spoke to a lady from the relevant police force from the dept which deals with DBS checks and she advised that she cannot discuss individual cases over the phone however just because it didn't come up the first time it doesn't guarantee that it won't come up the second time.

The police have to follow statutory guidelines about what and when to disclose, so it's not down to how someone is feeling on the day. For a start, any concerns would have to be relevant to the job in question. Then there's the fact that they released you without interview, so that knocks out the seriousness requirement. The other main one is how recent it was. It's certainly no more recent now than it was for your last enhanced DBS check. If I were a betting man, I'd put money on it not being disclosed. In fact, if they did find grounds for disclosing it, you could probably challenge it for the above reasons.

Thank you for your reply. So you're saying that if it was truly serious they would have had to at least interview me? 

Well, seriousness could be either the "gravity" of the offence or whether the accuser says it really happened and they are genuinely believed. If they didn't bother to interview you, that says to me that neither is true. If they really thought you had done something, anything, wrong, they would interview you. OK, you were asked to apologise, but that then suggests that whatever happened didn't have much "gravity", or they would have taken it further.

It was an alleged sexual assault which is what makes me particularly worried.  

Well, then it comes back to the fact that it wasn't disclosed on your previous enhanced DBS check when you feared it would be. The only thing that has changed since then is that more time has passed, so it is less recent. Again, I would be surprised if they disclosed it now after not disclosing it at a previous opportunity. Have a look through Unlock's information here, and see what you think. You could always make a subject access request to your local police to see if they still hold anything about it on their files. If they don't, then it definitely won't be disclosed.

=========================================================

As Chris Stacey said: Although its not formally part of the sentence that is handed down in court, the criminal record that someone comes away with effectively becomes a second sentence, which can have a long-lasting, if not lifelong, impact.

GO


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