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

HI Dave

I would do a Subject Access Request with ACRO

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

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/

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.

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.

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

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.

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If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

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 .

Hi, really sorry to be replying to this again after 3 years.
To answer the last reply, no employer didn't ever know I had this conviction for the whole 11 years.
This is working in the NHS all that time and still am.
It's now been about 13/14 years since the conviction.
I don't have the paperwork I got at the time, so a bit sketchy on detail now. I am pretty certain is section 39 common assault.
I got 180 hours community service. I don't recall if I got a suspended sentence or not, although would this not be the case if I got a community order?
Would you generally not get both and only one?
The other thing I am a bit worried about is I read that with an enhanced check, can show information that's on the PNC.
I used the calculator, which seems to show that my offence should now be filtered. Has anything changed where I can find out? Without applying for a job, that is.
In the whole time, I have not applied for any other job, literally out of just being scared of losing my current job and then not being able to get another one if that happened.

If I applied for another job in the NHS for example, because it's the NHS, is it likely that information from the PNC would show on an enhanced check? How am I going to know if it will or won't?

I just feel I cannot apply for anything else until I know where I stand, without applying for a job to find out. Because applying for a job might be what could then end up effecting me.

If anyone can help, that would be great.