Dbs Wrong Or Am I Wrong Lol

[lparslow89]

hi
i'm new to this so please just answer politely and not be judgemental....ok so i'm currently working in a school kitchen which i love! the company i work for now and the headteacher were happy with my dbs result as i'd been honest and upfront from day dot, basically i was in a crap relationship with my ex who would knock me about a lot, i hit back once and he cleverly rung police on me and i ended up with a caution for common assault couldn't deny it as he had a mark, a few months later i had enough of him pushing me about, controlling me etc and i lashed out to the fact i was charged with battery, it went to magistrates but i was acquited as no evidence was offered, instead of future disputes we both agreed to a "non conviction restraining order" which has worked wonders as we get on better now for the kids! anyway i was never convicted, i have the order which clearly says "on aquital", a copy of courts record saying i was acquited and a letter from my solicitor saying " i have not been convicted, iv kept my good character and therefore do not have to declare anything to future employers". So when my enhanced dbs came back it showed the caution as to be expected but it also under the conviction part said i was convicted for battery!! the outcome says "order". i'm very annoyed as i was clearly not convicted everyone has said this! i even contacted the police officer that charged me who emailed saying " you was not convicted as there was no evidence given, i do not no why this is showing as a conviction"!
anyone have any ideas as in may i have to explain to my new employer (company being taken over) and raking up my past upsets me, i'm lucky to have my managers and the heads support, so yeah if anyone knows why it is showing this way it would be great! sorry for the essay!!

[EDDIE51]

You have told us the company you work for is being taken over.
The new employer needs a new disclosure they can't be transferred, daft I know ( been there myself) but true.
All I am saying is that your new employer MAY just MAY decide that a caution and a restraining order are too much to risk employing you. It will be the employers decision, all you can do is be open from the beginning and explain what happened and why it happened. Then explain why it is no longer relevant.
No one was saying you agreed to be assaulted that would be ludicrous. But you agreed to both a caution and to a restraining order. By agreeing to these you accepted all that the prosecution said which is the same as pleading guilty. You had the option of fighting these charges in court, if you had done so and been found not guilty then you would have nothing on your CRB check at all.
I am NOT judging you I am just pointing out that in this case your new employer MAY decide not to employ you. That is up to them alone, nothing to do with me or anyone else you ask advice from.
The fact that you have been working in the job with no problem is a factor in your favor, but as I said it is possible a new employer will take a different view.

[Peter Pedant]

very well expressed Ed

as so often on the law thread - "you will have to wait and see"