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Will my section 39 common assault conviction be removed now its been 11 years?


Will my section 39 common assault conviction be removed now its been...

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dave_uk
dave_uk
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How would i know for sure then then if applying for a job after 11 years (which is nearly up) that it won't show up on a DBS check if i applied for a new job?

Thanks for your response.

Dave

Yankee
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TheWeird1 - 25 Feb 20 9:27 PM
HI Dave

I would do a Subject Access Request with ACRO

https://www.acro.police.uk/Subject-access



That probably won't help. Even if a conviction is filtered and doesn't appear on a DBS check, it is not deleted from the PNC so all a SAR would tell you is that the conviction is logged, it won't clarify whether it will show up on DBS or not.

Of course, the SAR will also show up any non-PNC information held locally about you that might be disclosed on an enhanced check.
Yankee
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dave_uk - 24 Feb 20 7:39 PM
Hi, 11 years ago i was arrested for common assault (section 39) i remember on the little form he gave me it did only say common assault section 39 and nothing else.
In that time i have not applied for any new job out of fearing if it got found out I’d lose my current job as i would probably want to look at another job in the place i currently work (NHS) (No patient contact)

I read that after 11 years common assault can be filtered out from DBS checks, does that include standard and enhanced checks?

I read that it can be removed if the conviction was non violent, well yeh i hit someone but it wasn't exactly out of violence as such.

How do i know if what i done was classed as violent? i read on another site if  it was classed as violent then it would have been classed as ABH or GBH?

If that’s the case would i be filtered out? How would i also know the date it would be wiped from my record or would i be best phoning them to confirm its been taken off?

This is something I’d say has pretty much ruined my life because it was actually something really stupid but I’ve felt i can't apply for another job as I’ve been so worried about losing the job i have, if i went for a job in the place i work and didn't get it, they could then get rid of me i assume?

Thanks

Dave

Common assault section 39 is NOT on the list of offences that will never be filtered so will NOT appear on a DBS standard or enhanced check after 11 years, unless:
(1) you received a prison sentence or (2) you have more than one conviction

See the documentation on the Unlock Hub

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/756791/List_of_offences_that_will_never_be_filtered_PDF_.pdf

https://hub.unlock.org.uk/knowledgebase/filtering-simple-guide/

Dean91
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HI Dave

I would do a Subject Access Request with ACRO

https://www.acro.police.uk/Subject-access



dave_uk
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Hi, 11 years ago i was arrested for common assault (section 39) i remember on the little form he gave me it did only say common assault section 39 and nothing else.
In that time i have not applied for any new job out of fearing if it got found out I’d lose my current job as i would probably want to look at another job in the place i currently work (NHS) (No patient contact)

I read that after 11 years common assault can be filtered out from DBS checks, does that include standard and enhanced checks?

I read that it can be removed if the conviction was non violent, well yeh i hit someone but it wasn't exactly out of violence as such.

How do i know if what i done was classed as violent? i read on another site if  it was classed as violent then it would have been classed as ABH or GBH?

If that’s the case would i be filtered out? How would i also know the date it would be wiped from my record or would i be best phoning them to confirm its been taken off?

This is something I’d say has pretty much ruined my life because it was actually something really stupid but I’ve felt i can't apply for another job as I’ve been so worried about losing the job i have, if i went for a job in the place i work and didn't get it, they could then get rid of me i assume?

Thanks

Dave


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