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CRB Check - Has anyone had problems with a caution?

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Hi. I have a caution for drug possession (class A) from October 2008. That is 6 years as of next month. This is my only caution. Is this on the list of things that will no longer show up? Will it definitely not show up on an enhanced disclosure?

It should now be filtered off. Theoretically it can appear as enhanced disclosure. If not, as a caution, but that is appealable. Most unlikely though. You would also need to disclose it, even if filtered off. If working for the police, even as a consultant and, filtered off matters remain on your records and are disclosable for visa purposes. If going abroad or applying for a job abroad. It is possible to apply for filtered or not filtered cautions to be removed. It is in the discretion of the chief police constable in the area you were given this

Reply 101

Julie Corry

Original post by dani2008

Hi.. my partner received a caution for theft of a motor vehicle when he was a teenager over 10 years ago.. he was with a group of around 15 people who all had a go of the bike & my partner was spotted riding it.. he was unaware it was stolen & his fingerprints didn't match those at the scene of the burglary yet he still received a caution & it now shows up on his CRB as theft, he may have been guilty of driving without a licence (but rode it on the paths) but surely theft involves being aware it's a stolen bike. Is there anything he can do to challenge this caution? given he is definitely not a thief & it's an unfair label to be given.
Kind regards
Dani

Following changes last year this should be filtered off -but if it was a conviction will not be filtered off until 11 years, and only then if that is the only conviction

Reply 102

Julie Corry

Original post by mahendira

Can appeal against condition sexual caution?

It is possible but every objection to a caution depends upon the chief constables discretion and sexual allegations are taken very seriously

Reply 103

Julie Corry

There should be filtered off now and need not be disclosed even on applications for enhanced disclosure and should not come on as a caution. Theoretically it can come on as enhanced disclosure, but this is unlikely and is appealable

Reply 104

Gina181180

Help needed,

Would benefit fraud show on a check from 9 years ago? No police record before or after that was committed

Thanks

Reply 105

Julie Corry

Original post by Gina181180

Help needed,

Would benefit fraud show on a check from 9 years ago? No police record before or after that was committed

Thanks

I presume that you are referring to a caution and will reply on that basis.
This will not appear as a caution in the top half of any D BS certificates, even an enhanced one and does not need disclosing by you subject to the exceptions.
1. It is theoretically possible but unlikely that the police may seek to disclose this as enhanced disclosure, but if so, you will be advised of this in advance and there is an independent appeals procedure
2. Even when filtered off as this would now be 6 years after the event, you still need to disclose it if you apply for a job with the police themselves or other national security forces – MI5 GCHQ etc – not probation service police service or army
3. This filtering off process does not remove the caution from the police records, but merely prevents it being disclosed, and that only for employment prospects in this country. If you apply for a job abroad or a Visa it is disclosable and if this is likely to be a major problem, you should consider applying for the discretionary removal of the caution

All the best

Reply 106

oxdragoonxo

Original post by Damage

Wrong! A conviction is different. Even on a crb a conviction is in a separate category to a caution

Posted from TSR Mobile

Hi I had a caution a year and a half ago and a yr ago I had a crb done no caution in sight even tho I told my future employer about it. It never showed I was told that basically a caution is spent as soon as it is issued or your fine is paid hope this helps

Reply 107

oxdragoonxo

Original post by janb71

Hi could you help me I received a caution for assault 6 yrs ago will it show on my crb check.thanku.x

I would be surprised if it did mine caution was 18mth ago and never showed on mine which was only done last year

Reply 108

Julie Corry

A caution for common-law assault, otherwise known as battery will be filtered off after 6 yearsAnd after that you do not need to mention it on job applications even requiring an enhanced certificates. Unless you are applying to work with the police or other national security organisations such as MI5 where they have positive vetting even when filtered off. It is theoretically possible but highly unlikely it will appear non the less as enhanced disclosure , but it is very unlikely and is appealable before an employer gets to hear of it. However, filtering off only applies to job applications in the UK – if you need a Visa to go abroad for holiday or work or emigration you need a police certificates which even after 6 years will indicate this old problem.It is possible to apply to the chief Constable to exercise discretion to remove a caution that every case is moved on its merits

However, if your assault charge was not common law assault, but something more serious, such as section 47 assault occasioning bodily harm, then it is not filtered off and remains on your record indefinitely unless application can be made. As above to have this removed from your records

Kind regards

Reply 109

pinkteddyx64

Original post by Roy73

I would not say a Caution is classed as conviction, if you read the Gov UK Law website it does say

"A caution is not a criminal conviction, but it could be used as evidence of bad character if you go to court for another crime"

https://www.gov.uk/caution-warning-penalty

Also the Police UK website states

"Although it is not technically classed as a conviction"

https://www.askthe.police.uk/content/q562.htm

In other words its a slap on the wrist and does not need to be mentioned 99% of the time, also a police caution is spent immediately as it is given so no 5 years waiting.

Only when people ask have you been arrested and convicted, many in that situation just say No since you are not "convicted" and do not have a criminal record.

Of course during a dbs standard/enhanced check any cautions will appear, on enhanced checks even a arrest or warning will most likely appear, but you may get lucky sometimes.

Dbs checks are just in place to make sure the people who do not break the rules can be given the best jobs and life, the people that break the rules even slightly or once are condemned and maybe on minimum wages
for there entire life.

Luckily the rest of Europe no such thing exist, and there is self employment and if your lucky companies that hire a person based on skills/qualifications and abilities not ones past lessons in life.

Not even Ireland? :confused:

Reply 110

whileshesleeps

Hi everyone. Im 19 and this is extremely embarrassing but I've been caught stealing few months ago. I was going through a tough time and I have no idea what I was thinking! I've never been in trouble with the police before, this is my only warning. I had to pay a fine and the police officer said that I won't have a criminal record and that it will disappear from their records after 3 years (after reading the thread, I have no idea where he got 3 years from). Anyway, I was hoping to apply for a nursing degree next year, and I'm extremely worried I won't get in. I'm devastated! Any advice?

Reply 111

Julie Corry

Original post by pinkteddyx64

Not even Ireland? :confused:

Cautions, reprimands and warnings are given by the police in the UK, but not Scotland.
They will last 2 years. If given as a reprimand to those under 18, 6 years as cautions to adults provided they are not the list of serious offences.
It is possible to apply to the police to remove them, but it is in the discretion of the police if they do so. There have been a few court cases on the issue which can help.
It is particularly important that even when filtered off after 2 or 6 years is still officially remain on the police records and will need disclosing if you apply for a Visa to another country.

Every case is different.

There are plans to make further changes to the out of court disposal system which are being trialled in 3 police forces and may help in the future buts are unlikely to change the historic situation. Anyone affected should try and get expert advice on this

Reply 112

benji385

Does anybody know if a community resolution can get filtered off? Or how does it affect your chances of getting a job? Apparently it is not a criminal record.

Reply 113

Julie Corry

Dear Benji,

Community resolutions are treated as an out of court disposal that are more similar to a fixed penalty notice rather than a caution, reprimand or warning, all 3 of which are automatically disclosed on certificates until I have spent or filtered off as relevant.

Community resolutions are not automatically disclosed and therefore not subject to filtering off. However, the police always have a discretion to seek to put these matters on as enhanced disclosure. Please note that any disclosure would be made to you directly rather than a prospective employer giving you an opportunity to object to it firstly to the police and if they still wanted it on to an independent appeals body

Reply 114

benji385

Thanks for your quick reply! I've just asked as I have a community resolution and now I am in my final year at uni, I managed to secure myself a place for an extremely competitive grad scheme, but now I am really scared about the kind of security checks they gonna do on me (no idea what level, the contract only says thats its gonna be appropriate to my position). Having said that I did declare it in my very first application form (although it only asked for convictions which I don't have) and it did not stop the company to invite me for interviews and eventually to offer me the position. But now I will probably will have to wait until next summer for their security checks and I feel like getting paranoid...

Reply 115

Julie Corry

A community resolution is not a conviction – it will not automatically come up like a caution and as I mentioned before, it is only if the police think it is serious enough relevant to your prospective job that they will seek to put it on an enhanced certificate when you can dispute it before your employers learn of it. The fact they chose a community resolution shows this was considered low level so hopefully and probably on balance, it will not come up – obviously if you have had a series of problems in the past or have further problems in the future they may think the risk has increased but although no one can be certain, I would normally say that the odds-on a single community resolution – depending upon exactly what it was for – is less than 50% and the odds-on getting it removed if they try and put it on over 50% – every case is reviewed on its merits.it will probably not come up and unfortunately you can do nothing until the police have considered matters – when you may wish to seek someone expert in this area for advice, but you may wish to write out the full background to the incident and any mitigating factors, so that you ever have to deal with it, you are prepared to move quickly then – meanwhile enjoy yourself over Christmas, but just keep clear of any problems!

Reply 116

benji385

ok thanks! And thats the only thing that they have on me so fingers crossed... and even f it does come up and stays on, at least I had told the company about it before they gave me the job so it should not take them as a surprise.

Reply 117

Julie Corry

Good luck – if you have any further problems. I'm always happy to help

Reply 118

chosenone93

is it only jobs which involve working with children or vulnerable adults that will reveal cautions in a dbs check? i've read that unless the job is very sensitive i.e bank employee a dbs check will only reveal convictions

Reply 119

amebas

This is exactly what I was looking to do and also wanted to become a stock broker. I had an alteration with a fellow stusent at school I'm 17 and he basically barged into me and thretened maliciously and I happened to have had a bottle in my bag a broke it. The poliCE weren called or involved but I rang the police on 101 asking them and I gave them my name and the details. SO I wondering if this would show up on an enhanced dbs check