TV0 min ago
crb check ?
5 Answers
my son received a 12 month conditional discharge but no fine,will this still show up on a crb check ? and if it is would he still have to tell a new employer at the 12 months ?
Answers
Best Answer
No best answer has yet been selected by gilly100788. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.As Norman indicates, a criminal record is for life and your son's conviction will always show up if a potential employer requires a CRB check.
However, your son's conviction will become spent as soon as the 12 month period is up. That means that, from that time onwards, he can lawfully answer 'No' when asked if he's ever been convicted of a criminal offence. (The only exception would be if he was applying for employment which is exempted from the provisions of the Rehabilitation of Offenders Act, such as working with children or vulnerable adults. Those are the type of jobs that usually require a CRB check anyway).
http://www.lawontheweb.co.uk/rehabact.htm
Chris
However, your son's conviction will become spent as soon as the 12 month period is up. That means that, from that time onwards, he can lawfully answer 'No' when asked if he's ever been convicted of a criminal offence. (The only exception would be if he was applying for employment which is exempted from the provisions of the Rehabilitation of Offenders Act, such as working with children or vulnerable adults. Those are the type of jobs that usually require a CRB check anyway).
http://www.lawontheweb.co.uk/rehabact.htm
Chris
Thanks for your answers,you have been a great help,do you know if there is any way you can check what is actually on the crb check, my son was given the 12 month cond discharge for a racial comment,he pleaded guilty on the advice of his solicitor,but he would just like to know how this would be worded on a crb chk. thanks.
Thanks for the reply.
Individuals can't directly access their own 'criminal record' (i.e. the data on the CRB computer). However, everyone has the right to access their 'police record' (i.e. the data on the Police National Computer), which is basically the same.
To request a copy of the relevant information, your son should write to the police force covering his home area. Although the application can be solely by letter, it's far better to use the form which the police force can provide. (i.e. the initial letter should simply request an application form. Using that form will ensure that your son answers all of the relevant questions).
The applicant has to submit proof of identity with the form, as well as a fee of �10. As an example, here's the form used by Surrey Police:
http://www.surrey.police.uk/DP_Access_Form.pdf
Chris
Individuals can't directly access their own 'criminal record' (i.e. the data on the CRB computer). However, everyone has the right to access their 'police record' (i.e. the data on the Police National Computer), which is basically the same.
To request a copy of the relevant information, your son should write to the police force covering his home area. Although the application can be solely by letter, it's far better to use the form which the police force can provide. (i.e. the initial letter should simply request an application form. Using that form will ensure that your son answers all of the relevant questions).
The applicant has to submit proof of identity with the form, as well as a fee of �10. As an example, here's the form used by Surrey Police:
http://www.surrey.police.uk/DP_Access_Form.pdf
Chris