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DR10 spent last year but will still show up


DR10 spent last year but will still show up

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Nuttynarna
Nuttynarna
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I'm terrified I'm going to loose my job as I thouhht because it was spent I didn't have to declare it, they will be wanting a new enhanced dbs and this is going to now show up so it will look like I've been deceitful, it's very sad situation why I got the dr10 in the first place as I was escaping an abusive situation. Ca. Anyone give me some advice please 😔
AB2014
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Nuttynarna - 30 Sep 20 10:54 AM
I'm terrified I'm going to loose my job as I thouhht because it was spent I didn't have to declare it, they will be wanting a new enhanced dbs and this is going to now show up so it will look like I've been deceitful, it's very sad situation why I got the dr10 in the first place as I was escaping an abusive situation. Ca. Anyone give me some advice please 😔

Well, first of all, there was a very sound reason why you had to do what you did. That should be part of any disclosure. The follow-on from that is that the situation was already very stressful and now it's worse, which is why you didn't disclose at the time. If your job involves driving, then while you're disqualified that is an issue. Having said that, a DR10 conviction isn't spent for five years, because of the motoring endorsement from the court, in case you weren't aware of that. In any case, Unlock has information about self-disclosure statements here, so hopefully that will be helpful with the practical side of dealing with this.  A self-disclosure statement is always useful anyway, but when you have traumatic personal information to disclose as well, having a statement composed and printed in the calm and safety of your own space is much less stressful than disclosing verbally without preparation. I hope it goes well for you.

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

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.

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Nuttynarna - 30 Sep 20 10:54 AM
I'm terrified I'm going to loose my job as I thouhht because it was spent I didn't have to declare it, they will be wanting a new enhanced dbs and this is going to now show up so it will look like I've been deceitful, it's very sad situation why I got the dr10 in the first place as I was escaping an abusive situation. Ca. Anyone give me some advice please 😔

Not enough information. How long ago was it? Was there a custodial sentence (this includes suspended)? Is this a new job? Do you have a clause in your contact about bringing the company into disrepute? Is it a job that actually requires an enhanced DBS check?

That is why it tricky giving advice on a forum as there are so many factors other than a straight yes or no to a question.

If the job doesn't require eDBS you don't have to declare it at all if it is spent, so you haven't been deceitful. If yes, then that still doesn't mean it's automatic as unless it's a profession on the barred list (usually involving work with children or vulnerable adults) in which each case has to be determined on its merits and the organisation has discretion.

Nuttynarna
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Was - 30 Sep 20 12:56 PM
Nuttynarna - 30 Sep 20 10:54 AM
I'm terrified I'm going to loose my job as I thouhht because it was spent I didn't have to declare it, they will be wanting a new enhanced dbs and this is going to now show up so it will look like I've been deceitful, it's very sad situation why I got the dr10 in the first place as I was escaping an abusive situation. Ca. Anyone give me some advice please 😔

Not enough information. How long ago was it? Was there a custodial sentence (this includes suspended)? Is this a new job? Do you have a clause in your contact about bringing the company into disrepute? Is it a job that actually requires an enhanced DBS check?

That is why it tricky giving advice on a forum as there are so many factors other than a straight yes or no to a question.

If the job doesn't require eDBS you don't have to declare it at all if it is spent, so you haven't been deceitful. If yes, then that still doesn't mean it's automatic as unless it's a profession on the barred list (usually involving work with children or vulnerable adults) in which each case has to be determined on its merits and the organisation has discretion.

No custodial sentence, just a fine and a ban for 15 months which was reduced to 13 as I did the course, Ive been back on the road now for a year, I am a health are professional so yes it needs to be enhanced and I genuinely thought it was just a motoring offence like when u getting speeding points, the conviction was 2 years ago. I know I will look deceitful now and I'm worried sick, it's taking over my life daily... 
Simon1983
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Hi nuttynarna 

you need to look at this in two ways, first is the conviction spent or unspent 

if your licence was not endorsed by the court then the offence will become spent 13 months from the date of conviction. If your licence was endorsed then the conviction becomes spent 5 years after date of conviction.

if it is unspent you will have to disclose it to insurance etc if you are asked to you have any unspent convictions, if you are not asked you don’t have to disclose.

in regards to filtering and the enhanced or standard DBS then this offence will show for 11 years on an enhanced and standard DBS, during this time if undertaking this level of check then you will have to disclose. Once 11 years has passed then the offence will filter and no longer have to be disclosed.

based on the offence yes you will have to tell your employer especially if you have a new DBS check coming up, but it should be seen for what it is a driving conviction nothing else. There are many people out there that have this type of conviction and work in healthcare and have no issues what so ever

hope this helps  



Nuttynarna
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Simon1983 - 1 Oct 20 8:45 PM
Hi nuttynarna 

you need to look at this in two ways, first is the conviction spent or unspent 

if your licence was not endorsed by the court then the offence will become spent 13 months from the date of conviction. If your licence was endorsed then the conviction becomes spent 5 years after date of conviction.

if it is unspent you will have to disclose it to insurance etc if you are asked to you have any unspent convictions, if you are not asked you don’t have to disclose.

in regards to filtering and the enhanced or standard DBS then this offence will show for 11 years on an enhanced and standard DBS, during this time if undertaking this level of check then you will have to disclose. Once 11 years has passed then the offence will filter and no longer have to be disclosed.

based on the offence yes you will have to tell your employer especially if you have a new DBS check coming up, but it should be seen for what it is a driving conviction nothing else. There are many people out there that have this type of conviction and work in healthcare and have no issues what so ever

hope this helps  



Many thanks for your reply, if endorsed means taken then yes it was taken away at the court it's was horrible and all because I was escaping an abusive situation 
AB2014
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Nuttynarna - 1 Oct 20 9:33 PM
Simon1983 - 1 Oct 20 8:45 PM
Hi nuttynarna 

you need to look at this in two ways, first is the conviction spent or unspent 

if your licence was not endorsed by the court then the offence will become spent 13 months from the date of conviction. If your licence was endorsed then the conviction becomes spent 5 years after date of conviction.

if it is unspent you will have to disclose it to insurance etc if you are asked to you have any unspent convictions, if you are not asked you don’t have to disclose.

in regards to filtering and the enhanced or standard DBS then this offence will show for 11 years on an enhanced and standard DBS, during this time if undertaking this level of check then you will have to disclose. Once 11 years has passed then the offence will filter and no longer have to be disclosed.

based on the offence yes you will have to tell your employer especially if you have a new DBS check coming up, but it should be seen for what it is a driving conviction nothing else. There are many people out there that have this type of conviction and work in healthcare and have no issues what so ever

hope this helps  



Many thanks for your reply, if endorsed means taken then yes it was taken away at the court it's was horrible and all because I was escaping an abusive situation 

Any driving ban normally comes with a motoring endorsement, which means your conviction becomes spent after five years. That's why insurers ask about any endorsements in the last five years, because after that they have no legal right to the information and can't use it to inflate your insurance premium. As Simon1983 said, there are plenty of people working in the NHS who have a motoring conviction of some sort. Sure, it's embarrassing, but I'm sure your skills and experience are far more important, and you did have mitigating circumstances.

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

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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