Hi Jim

You're right in saying that the only check you can do on yourself is a basic. Standard or enhanced checks have to be applied for by an employer or voluntary organisation. The Subject Access will give you a feel for the type of thing that will show up on a DBS check but it will still show anything that's been filtered and this can lead to confusion.

In answer to your question about appealing the filtering criteria, currently there's no mechanism in place to appeal. However, back in January, the High Court declared the Government’s criminal records disclosure scheme incompatible with Article 8 of the Human Rights Act. In particular around the multiple convictions not being eligible for filtering. We're still waiting to see what the Government decide to do about this (i.e. implement the changes or challenge them). We believe that if they were to be incorporated, then it could path the way for other 'unfair' elements of filtering to be reviewed (for example the issue around prison sentences not being eligible for filtering). We will keep our website updated as and when we hear anything more.

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Need Unlock's advice? Visit our self-help information site or contact our helpline

Need Unlocks advice? Visit our self-help information site or contact our helpline

Hi Jim

Welcome to the Forum.

You're absolutely right in what you say - for the purposes of filtering, a suspended sentence is treated in the same way as a prison sentence which means that your conviction is not eligible for filtering even if the offence would be. Therefore if you are applying for a job which requires a standard or enhanced DBS check, your conviction would be disclosed on the Certificate.

The Unlock Hub has information about the types of jobs which would be eligible for basic, standard and enhanced checks https://hub.unlock.org.uk/knowledgebase/types-criminal-record-checks/ and how to go about raising eligibility queries if you feel that an employer is carrying out an incorrect level of check - https://hub.unlock.org.uk/knowledgebase/ineligible-checks/.

This can be a confusing area and if you require any further clarification, then please feel free to give the Unlock Helpline a call.

Sadly, as you've already found out, your conviction will stay on your record until you are 100 years old. The only way to have it removed would be to appeal the conviction which, after such a long period of time would be virtually impossible to do.

I've attached a link to our information on travel to the USA - https://hub.unlock.org.uk/knowledgebase/travelling-america-usa/. If you go down the route of applying for a visa, then you would need to furnish the US Embassy with a copy of your police certificate and this offence would very likely show up. However, if you took the view that your offence was a 'drunken prank' and there was no deliberate intention of steal the eagle (i.e. it was not a crime of moral turpitude) then you would be able to travel to the States on an ESTA and would have no need to disclose your conviction.

Hope this helps.

Deb

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Need Unlock's advice? Visit our self-help information site or contact our helpline

Need Unlocks advice? Visit our self-help information site or contact our helpline

Hi Jim

A conditional discharge is very different from a suspended sentence.

If this is the only offence that appears on your subject access request then it would be eligible for filtering and won't appear on a basic, standard or enhanced level criminal record check.

Great news - all the best in the future.

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Need Unlock's advice? Visit our self-help information site or contact our helpline

Need Unlocks advice? Visit our self-help information site or contact our helpline

Hi Jim

If you need to apply for a visa to travel to the USA, then you'll need to provide the Embassy with your Police Certificate which may still show your conviction or, may still allude to it by stating 'No Live Trace'. I've attached a link to the information on our website about this, https://hub.unlock.org.uk/knowledgebase/police-certificate/
together with our detailed guide to travel to the USA - https://hub.unlock.org.uk/knowledgebase/travelling-america-usa/.

Hope this helps but feel free to ring our Helpline if you require any further information.

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Need Unlock's advice? Visit our self-help information site or contact our helpline

Need Unlocks advice? Visit our self-help information site or contact our helpline

Thank you Deb!

Good morning all,

about 20 years ago I was caught after a few too many drinks with a friend on my shoulders attempting to liberate a stone eagle from above a neighbours doorway.
This was my first and last offence, but it happened in a notorious area of Stoke on Trent which I believe is the reason we were sent to court and given a suspended sentence.

Around 10 years ago I lost a nice teaching job in the UK because this showed up on my record.

I am now living in Europe and applying for jobs with financial institutions all of whom ask if I have a precious conviction. I am not sure of the legal phrasing here - do they mean "unserved" convictions? I believe mine is served because I did not reoffend within 12 months (or indeed ever)?

I have looked at the list of filterable offences, and by all accounts my offence (presumably attempted theft although I really have no idea) should be eligible but somewhere else I read that a suspended sentence is treated the same as an actual prison sentence and so will never be filtered.

I contacted Disclosure Scotland and they had this to say:

"If you live in England, Disclosure Scotland could only provide you with a Basic Level certificate, which based on the information you have supplied and the age of the conviction (unless you had a ‘prison or youth custody’ sentence of 4 years or more) would be ‘clear’ since under the English & Welsh ROA your conviction would be ‘spent’.

However, your conviction will remain on the Police National Computer for a period of 99 years.

Should you require any ‘higher’ level certificates you would need to contact the DBS in England, who will be able to advise you on their policies.".

I have also made a Subject Access Application which presumably will give me details about my offence like which act I was convicted under etc.

So where do I go from here? How do I know whether prospective employers or anyone else are going to be able to see my record? Will it show up if I want to travel to America for example? What should I ask the DBS for to find out definitively what information people can or cannot request about me?

And most importantly of all... can I apply to have my offence completely removed based on my otherwise clean record?

This all seems pretty insane to me. I am a law abiding member of society and I'm worried that my career is going to be hampered by a foolish teenage mistake over two decades ago.

Many thanks in advance for any help and advice you might be able to offer - I was really glad to find that there is an organisation dedicated to helping people in our position.

Thank you Danny!

That's wonderful news, thanks Deb!

Sorry - I forgot to ask... I assume this also wouldn't come up in checks if I were to travel to America for example?

Thanks again for all the help!

Thanks very much Deb.

So I guess I should wait until my Subject Access comes back with details of my offence so I know for sure that it was a suspended sentence.

Is there any mechanism at all to appeal against things like this?
It's crazy that minor transgressions can have such a major and permanent effect on people's lives.

Oh - and one more question. I was under the impression that I could only request a "Basic Check" on myself. Is this correct? It seems logical that people should be allowed to see what information will show up on the Standard and Enhanced checks run against them.

Post Edited (Jim_nl) : 06/04/2016 10:29:49 (GMT+2)

Thanks Deb.

Much appreciated!