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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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Rufus
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I take it you have not declared to your current employer that you have a criminal record for the past 11 years.

Is there no way of paying for a DBS check yourself as companies seem to be able to do it at will .
AB2014
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dave_uk - 2 Mar 20 9:56 PM
Thats a shame because all that time i have been really worried about applying for a job, but i will probably stay worried because i have no real way of checking Sad

Thank you for your help though

It's normal to worry about the unknown, as that's what has kept the human race alive for thousands of years. Even so, the rules for filtering are supported by law. If you have only ever been convicted on one charge of common assault and not given a prison sentence or suspended sentence, then the conviction will be filtered after 11 years. If your conviction shouldn't be shown but still is, you should raise it with the DBS so that they can get it sorted out for you. They have a legal duty to do that under the Data Protection Act 2018.

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

dave_uk
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Thats a shame because all that time i have been really worried about applying for a job, but i will probably stay worried because i have no real way of checking Sad

Thank you for your help though

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dave_uk - 1 Mar 20 11:08 PM
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

It should not appear on a DBS standard or enhanced check after 11 years as long as you did not receive a prison sentence and you do not have another conviction.
I'm not aware of any way to find out for certain, other than applying for a job which requires that level of check.


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

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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.
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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/

TheWeird1
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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


GO


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