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Disclosure - Rehabilitation of Offenders


Disclosure - Rehabilitation of Offenders

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deebee
deebee
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Hi all, i'm hoping for somoe advice.
I am currently in the process of application for a number of jobs, however i have concerns over my disclosre period.
According to the revised Rehabillitation of Offenders Act, my sentence (a fine) should be spent 12 months post the date of sentencing.

I applied for a basic disclosure certificate (to check and ensure it has been removed from that level of check) and it is still sitting on record.

I have sent this information to my solicitor and to my surprise his response was "even after 35 years i am confused by the disclosure rules".

My question - how can i facilitate or instigate the removal of my conviction or "make it spent" on a basic disclosure check.

Really hope someone has an answer for this
Thanks

AB2014
AB2014
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Posts: 687, Visits: 4.3K
deebee - 6 Feb 20 8:37 AM
Hi all, i'm hoping for somoe advice.
I am currently in the process of application for a number of jobs, however i have concerns over my disclosre period.
According to the revised Rehabillitation of Offenders Act, my sentence (a fine) should be spent 12 months post the date of sentencing.

I applied for a basic disclosure certificate (to check and ensure it has been removed from that level of check) and it is still sitting on record.

I have sent this information to my solicitor and to my surprise his response was "even after 35 years i am confused by the disclosure rules".

My question - how can i facilitate or instigate the removal of my conviction or "make it spent" on a basic disclosure check.

Really hope someone has an answer for this
Thanks

One of the biggest problems can be with "relevant orders". If you were also given compensation, or something like a restraining order or a ban on keeping animals, or being a company director, then the conviction won't become spent while that order is in force. As compensation is imposed by means of a compensation order, if you get that, you need to give the DBS proof of payment or they will assume you haven't paid it yet. If you're still not sure, you can contact the Unlock Helpline.

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

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.

Rufus
Rufus
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I think its ridiculous that the DBS have no way of knowing if you have paid a compensation order or not and you have to provide additional proof - you would soon be arrested if you did not pay it, so how can they not know.
Edited
Last Year by Rufus
Simon1983
Simon1983
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It is a stupid system, it is even more ridiculous that until a person is caught out by a compensation order still showing on a DBS they were not aware there conviction was not spent.

so looking deeper in to it they could have been inadvertently giving wrong info to insurance companies etc etc 

the courts do not even make people aware they need to inform DBS that they have made the payment the system is backwards
GO


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