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How Long Is It Before A Juvenile Conviction Is ‘Spent’?
3 Answers
Forty years ago at the age of 14, a friend was convicted of the theft of £100. He pleaded guilty and was given 12 months probation. It is his one and only conviction.
Would this show on a DBS check?
Thanks
Would this show on a DBS check?
Thanks
Answers
Best Answer
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For more on marking an answer as the "Best Answer", please visit our FAQ.Under the current legislation a community order (which "probation" is) becomes spent six months after the order is ended. As an aside, such a sentence is not available for people under 18 now. They would have what is called a "Referral Order" imposed.
It is very unlikely that your friend's conviction is recorded anywhere.
It is very unlikely that your friend's conviction is recorded anywhere.
A probation order becomes 'spent' immediately at the end of the probation period, so the offence wouldn't show up on a 'Basic' DBS check (which only shows unspent convictions).
'Standard' and 'Enhanced' DBS checks do show convictions that would otherwise be regarded as spent. However such conviction are now 'filtered' after a certain period, depending upon the sentence imposed by the court. (That doesn't apply to certain types of offences, such as sexual ones, but that's not relevant here). A non-custodial sentence for a minor becomes filtered after 5½ years.
So your friend's conviction won't show up on any DBS check.
'Standard' and 'Enhanced' DBS checks do show convictions that would otherwise be regarded as spent. However such conviction are now 'filtered' after a certain period, depending upon the sentence imposed by the court. (That doesn't apply to certain types of offences, such as sexual ones, but that's not relevant here). A non-custodial sentence for a minor becomes filtered after 5½ years.
So your friend's conviction won't show up on any DBS check.
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