CRB Check - Has anyone had problems with a caution? Watch

littlelegs94
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#61
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#61
must simple cautions for shoplifting be declared when applying for bar licences?
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David Wacks
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#62
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(Original post by littlelegs94)
must simple cautions for shoplifting be declared when applying for bar licences?
It depends . If a bar licence needs an enhanced disclosure certificate you need to disclose it for 6 yrs when it is filtered off and need not be disclosed and will not appear as a caution . it is theoretically possible but most unlikely it cld still be disclosed as enhanced disclosure but the certificate goes to you and you cld appeal it before others see it and likely to succeed

if dont need enhanced disclosure cautions are spent immediately and dont need disclosure

please also note that cautions may need disclosing indefinately for some visas eg usa but that it is possible to apply for cautions to be removed altogether - noone can guarantee succcess but if this is a concern please ask further

regards
david wacks
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bubblesrng
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#63
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#63
when I was 15, I got a reprimand for shoplifting got told it would be removed after 5 years? is this information still correct. I am now 20 and would like to wok as a nursing assistant ?
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David Wacks
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#64
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#64
(Original post by bubblesrng)
when I was 15, I got a reprimand for shoplifting got told it would be removed after 5 years? is this information still correct. I am now 20 and would like to wok as a nursing assistant ?
When you were given the reprimand, there was a procedure to step them down but the courts declared it illegal. Thankfully, a new filtering off system has been brought in last year so that you do not need to disclose this reprimand on applications for jobs – even as a nurse and it will not come up as a reprimand on your criminal records check. Theoretically, the police could ask for it to be put on as enhanced disclosure at the bottom but, they are unlikely to do so unless you get in further problems with the police and they feel the background should be mentioned – certificates are sent to you now not employers, so if it does come on, you can appeal against it, so no real need to worry.

As a side issue the reprimand is still on your police national computer record and should be disclosed on applications for visas for some countries if they ask for things on your record. Some people do not mention this and take a chance but I would not recommend that. You would properly get your Visa anyway, but it could take quite a few months, so you may need to apply for one before you book your holiday in advance.

Quite separately, there is a procedure for applying for, reprimands or cautions/warnings to be removed based upon police guidelines as expanded by a few recent court cases. – No one can give you a guarantee but it can be done

Good luck in your future career

David Wacks
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Ekra123
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#65
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hello there,

I have just applied for volunteering and have required to undergo an DBS check. A few years ago, me and my mate were caught taking a lipstick and the police were called in. The manager seemed to be forcing the police to take us to the station (the police did not really want to take us as it was minor). It was the first time and a stupid mistake under peer pressure. I addmited at the station and was crying and asked for a solicitor as I was really upset and my first and last mistake howevwr the police said not to worry as it is nothing serious. We were allowed to go back home and were called back to the station after a month and the police said not to see me again there and also I dont remember them stating that I have recieved a caution etc
. So when filling my dbs form, I declared I have had no offences, warnings or cautions. I am now worried what if my dbs check shows my mistake when i said I have never been convicted. I am a totally different person, out of peer pressure and with the good crowd going to uni.

Help as I am worried that I havnt stated on my dbs form that I have never been convicted as I cant remember been given a caution.

Thanks! Please someone reply

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David Wacks
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#66
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(Original post by Ekra123)
hello there,

I have just applied for volunteering and have required to undergo an DBS check. A few years ago, me and my mate were caught taking a lipstick and the police were called in. The manager seemed to be forcing the police to take us to the station (the police did not really want to take us as it was minor). It was the first time and a stupid mistake under peer pressure. I addmited at the station and was crying and asked for a solicitor as I was really upset and my first and last mistake howevwr the police said not to worry as it is nothing serious. We were allowed to go back home and were called back to the station after a month and the police said not to see me again there and also I dont remember them stating that I have recieved a caution etc
. So when filling my dbs form, I declared I have had no offences, warnings or cautions. I am now worried what if my dbs check shows my mistake when i said I have never been convicted. I am a totally different person, out of peer pressure and with the good crowd going to uni.

Help as I am worried that I havnt stated on my dbs form that I have never been convicted as I cant remember been given a caution.

Thanks! Please someone reply

Posted from TSR Mobile
Don't panic . This may well not appear .

If you were under 18 at the time and given a Caution ( for under 18s it is called a Reprimand ) for shoplifting and is 2 years old it is now filtered off so you do not need to disclose it for volunteering and it will not appear as a Reprimand on your criminal records check .

It is possible but very unlikely that even if filtered off that the Police may seek to put it on as discretionary enhanced disclosure but VERY unlikely unless you have had other run ins with police since and if it does the certificate goes to you not volunteering org or employer and it can be appealed against .

Also you should be aware that the Reprimand remains on your recordeven if not disclosed so that if say you want a visa to USA you shd disclose it and it will certainly slow down the process if not stop it . It is however possible to apply to remove reprimands . It is in discretion of police but it can be done and if that is a worry please let me now and I will advise further .

It is possible to get details of what is on your Police file if you are not sure and want to know .

Good luck and dont worry

David Wacks
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Welshy91
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#67
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#67
I was given a reprimand for shoplifting when I was 16 - this was nearly 6 years ago and it's always appeared on my crb checks. Is it right that it doesn't show after 2 years now due to new laws?

Thanks
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David Wacks
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#68
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(Original post by Welshy91)
I was given a reprimand for shoplifting when I was 16 - this was nearly 6 years ago and it's always appeared on my crb checks. Is it right that it doesn't show after 2 years now due to new laws?

Thanks
This Reprimand will be filtered off even enhanced certificates and will not need disclosing and will not appear as a reprimand
There are two provisos . 1. The Police retain a discretion to mention even an arrest as discretionary disclosure but most unlikely and that can most likely be appealed before employer gets to know so no need to panic
secondly if you apply to work with police MI5 or other govt security services it wld need disclosing as higher security
You can apply to remove reprimand altogether and if granted this could help on such security jobs.

A more widespread unknown problem is that filtering off does not affect need to disclose criminal record on many visa applications .This will delay and possibly stop visa so if you can remove reprimand altogether it saves long term problems
Regards

David Wacks
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Welshy91
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#69
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(Original post by David Wacks)
This Reprimand will be filtered off even enhanced certificates and will not need disclosing and will not appear as a reprimand
There are two provisos . 1. The Police retain a discretion to mention even an arrest as discretionary disclosure but most unlikely and that can most likely be appealed before employer gets to know so no need to panic
secondly if you apply to work with police MI5 or other govt security services it wld need disclosing as higher security
You can apply to remove reprimand altogether and if granted this could help on such security jobs.

A more widespread unknown problem is that filtering off does not affect need to disclose criminal record on many visa applications .This will delay and possibly stop visa so if you can remove reprimand altogether it saves long term problems
Regards

David Wacks
Thanks David. So how do I go about getting reprimand removed? Thanks.
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David Wacks
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#70
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Application is made to the chief Constable where you got the caution and it is in his or her discretion to remove it.
Every case is different and depends upon the exact details of each incident. If you do want more detailed advice please let me have your phone number and I will call you with further completely free and confidential advice

Regards

David Wacks

(Original post by Welshy91)
Thanks David. So how do I go about getting reprimand removed? Thanks.
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Suemarie
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#71
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I had a caution I think way back in 1992 (shoplifting a desk tidy lol oops I had enough money to buy 5 of them in my wallet) I had an enhanced disclosure in 2009 which brought up nothing. However the system has recently changed do you guys think it will come up on a new DBS check?
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Gobberts
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#72
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#72
(Original post by Welshy91)
Thanks David. So how do I go about getting reprimand removed? Thanks.
Hi i had a caution over5 years ago will it show??
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David Wacks
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#73
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(Original post by Suemarie)
I had a caution I think way back in 1992 (shoplifting a desk tidy lol oops I had enough money to buy 5 of them in my wallet) I had an enhanced disclosure in 2009 which brought up nothing. However the system has recently changed do you guys think it will come up on a new DBS check?
The caution will now be filtered off for employment purposes and will not appear automatically as a caution at the top of a criminal record certificate – and does not need disclosing on job applications.
However, the police have a discretion to put these cautions which have been filtered off as discretionary enhanced disclosure in the same way as if you had just been arrested or indeed just questioned informally. It is most unlikely but if they decide to do that the certificate will be sent to you. 1st of all – not an employer so you can appeal and if you let me know then I will give further advice as to how to do that

However, although filtered off in this country for employment purposes, it still remains on your police national computer record and should be disclosed on applications for many visas to go abroad.you would probably get the Visa, but it would cost money and it can take quite a few months – please see problems Nigella had last week

However, it is possible to apply for an old caution to be removed – it is in the discretion of the police, but if you want to know more please enquire

Regards

David Wacks
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Suemarie
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#74
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Thanks David, as per my post I did mention that I had a enhanced disclosure in 2009 which had nothing on it...at all and the following sections were all clear:

Police Records of convictions, cautions, reprimands and final warnings:
None recorded

Protection of children act list info:
None recorded

Protection of vulnerable adults list information:
Not requested

Other relevant info disclosed at the CPO's discretion:
none recorded

(Original post by David Wacks)
The caution will now be filtered off for employment purposes and will not appear automatically as a caution at the top of a criminal record certificate – and does not need disclosing on job applications.
However, the police have a discretion to put these cautions which have been filtered off as discretionary enhanced disclosure in the same way as if you had just been arrested or indeed just questioned informally. It is most unlikely but if they decide to do that the certificate will be sent to you. 1st of all – not an employer so you can appeal and if you let me know then I will give further advice as to how to do that

However, although filtered off in this country for employment purposes, it still remains on your police national computer record and should be disclosed on applications for many visas to go abroad.you would probably get the Visa, but it would cost money and it can take quite a few months – please see problems Nigella had last week

However, it is possible to apply for an old caution to be removed – it is in the discretion of the police, but if you want to know more please enquire

Regards

David Wacks
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Ekra123
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#75
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I recieved an notification stating my DBS application has been returned to the countersignatory who submitted the application because errors have been identified on the form. Please contact the Umbrella or Registered body that countersigned the application.

What does this mean?? Is it an error I have made or the organisation who countersigned my form.

Regards

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David Wacks
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#76
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#76
(Original post by Ekra123)
I recieved an notification stating my DBS application has been returned to the countersignatory who submitted the application because errors have been identified on the form. Please contact the Umbrella or Registered body that countersigned the application.

What does this mean?? Is it an error I have made or the organisation who countersigned my form.

Regards

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It really could be anything and suggest you contact the counter signatory who would be the company requesting the application on behalf of your employers or prospective employers to ask them.

Regards

David Wacks
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Lifechanger
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#77
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Hello David,

13 years ago, when I was 17 (nearly 18), I was charged with theft from my employer. The police said they couldn't give me a caution because it was theft from my employer as opposed to just theft.

I had to go to youth court but wasn't given a custodial sentence or community service. I actually thought the judge gave me a caution as I was let go without punishment and was told by the judge that coming to court was enough punishment for me and not to do it again.

However, I have done some research on youth sentences and only the police give you cautions so I am a little confused about what sentence I received; maybe it was an absolute discharge? My release wasn't conditional in anything.

Anyway, I am now applying to work for the NHS and need to know if my conviction will be filtered?


Its weird because I have worked as a volunteer, mentoring secondary school kids and had to do a crb check but nothing came up (I didn't disclose it then as I thought it had been deleted).

I have also worked at a central bank and cleared that crb check too.
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paulalouise94
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#78
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Hi
I've been reading all these posts to try and help me get a understanding of how this all works. I am applying for a nursing course but have a couple of things on my crb and was hoping for some advice. In 2005 I was given a reprimand for shop lifting but it is still appearing on my crb, I also have a caution for theft by finding from 2012, I was wondering if there was anyway I could get these removed as they are really holding me back.
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Suemarie
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#79
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I don't think you'll be able to get them removed Paula, you will have to declare them, as you have 2 crimes for theft on your crb. It's better to be safe than sorry
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Gobberts
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#80
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#80
If you get a charge and a caution for shoplifting in a 3 month period,we they be removed of my crb?x
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