ChatterBank5 mins ago
criminal record
hello, i am looking into changing jobs. my new job requires a crb, for which i got a basic disclosure. problem i now have is my new imployer requires a clean crb, which i thought i had..... wrong. i have two offences on there from the same night. drunken disorderly and battery. i could spend hours telling you how it wasnt my fault, but i wont. all i want to know, if anyone could enlighten me is... is there any way i can get this cleared or have i got to wait 5 years for it to be spent?
i am of previous good caracter and never been in trouble with the law before. any help would be great.
thanks in advance, stuart
i am of previous good caracter and never been in trouble with the law before. any help would be great.
thanks in advance, stuart
Answers
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I'll assume that you're in England or Wales. (Things are slightly different in Scotland and Northern Ireland. See below if that's where you are).
In England & Wales employers aren't generally allowed to check out the criminal records of their employees. They're only allowed to do so when the type of employment falls within one of the 66 categories which...
In England & Wales employers aren't generally allowed to check out the criminal records of their employees. They're only allowed to do so when the type of employment falls within one of the 66 categories which...
21:10 Mon 24th Oct 2011
No, you can't get it wiped off - the police will add whatever they think is relevant to the CRB report. I've seen reports for enhanced CRBs which have offences going back much longer than 5 years. It may depend on the nature of the job and the nature of the offence as to whether your new employer feels it's significant.
I'll assume that you're in England or Wales. (Things are slightly different in Scotland and Northern Ireland. See below if that's where you are).
In England & Wales employers aren't generally allowed to check out the criminal records of their employees. They're only allowed to do so when the type of employment falls within one of the 66 categories which are exempted from the provisions of the Rehabilitation of Offenders Act. That generally means work with, or alongside, children or vulnerable adults, or with the police, courts and security services. The categories are listed here:
http://www.homeoffice...ons-guide?view=Binary
When applying for jobs within MOST areas of employment (where CRB checks aren't available to employers anyway) criminal convictions become 'spent' after a certain period of time, which is defined by the sentence imposed by the court. See here for details:
http://www.nacro.org....cro-2007021302-65.pdf
However anyone (in England & Wales) applying for a job where a CRB check is available to employers must be within one of the 66 categories referred to above, where convictions are NEVER regarded as spent. They will ALWAYS show up on any CRB check.
England and Wales only have 'standard' and 'enhanced' checks. As stated above, they are only available for certain types of employment and always show all convictions, however old they might be . Scotland and Northern Ireland have a lower ('basic') level of checks, which are available to all employers and only show unspent convictions.
So, depending where you are (and whether your reference to a 'basic' check meant a genuinely 'basic' one or a 'standard' one) your convictions will either always appear on any criminal record check or will disappear once they're 'spent' (unless you're then applying for work in an 'exempted area' of employment).
However there is no way that they can ever be deleted. (Well, not before your 100th birthday, anyway!).
Chris
In England & Wales employers aren't generally allowed to check out the criminal records of their employees. They're only allowed to do so when the type of employment falls within one of the 66 categories which are exempted from the provisions of the Rehabilitation of Offenders Act. That generally means work with, or alongside, children or vulnerable adults, or with the police, courts and security services. The categories are listed here:
http://www.homeoffice...ons-guide?view=Binary
When applying for jobs within MOST areas of employment (where CRB checks aren't available to employers anyway) criminal convictions become 'spent' after a certain period of time, which is defined by the sentence imposed by the court. See here for details:
http://www.nacro.org....cro-2007021302-65.pdf
However anyone (in England & Wales) applying for a job where a CRB check is available to employers must be within one of the 66 categories referred to above, where convictions are NEVER regarded as spent. They will ALWAYS show up on any CRB check.
England and Wales only have 'standard' and 'enhanced' checks. As stated above, they are only available for certain types of employment and always show all convictions, however old they might be . Scotland and Northern Ireland have a lower ('basic') level of checks, which are available to all employers and only show unspent convictions.
So, depending where you are (and whether your reference to a 'basic' check meant a genuinely 'basic' one or a 'standard' one) your convictions will either always appear on any criminal record check or will disappear once they're 'spent' (unless you're then applying for work in an 'exempted area' of employment).
However there is no way that they can ever be deleted. (Well, not before your 100th birthday, anyway!).
Chris
my crb shows up something that wasnt even arrested for...i was taken to the station because i was a bit worse for wear and tripped over some binbags...and they decided i was too drunk to be allowed to walk home alone...ridiculous... i was indeed intoxicated but i dont feel i deserve to have this on my crb, as it could give the impression i was utterly wrecked...
i was allowed home about 3 hours later...with no charges etc
so i doubt they will not include stuff like you say
i was allowed home about 3 hours later...with no charges etc
so i doubt they will not include stuff like you say
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