dent_soc
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Hi, I am in desperate need of some advice preferably from someone who has been in a similar position to me.


The story is quite long so I will condense it down:

I was wrongly arrested at the age of 18 after a night out after being assaulted. I was put in a cell and interviewed and released. A couple months later the police had reviewed the CCTV evidence and questioned witnesses. During my interview one of the officers told me how weak the case was as the CCTV shows that I was assaulted. The suspicious of affray allegation is something that scares me.

I am in my first year of university and filled the crb form in 23 days ago. I ticked no to 'do have a criminal record, caution etc' I don't.

Most people seem to have their CRB checks back already, mine is still with the local police authorities as show by online track. I know its at the police chief sergeants desecration whether to disclose this arrest, however its extremely worrying as its something you wouldn't like to be associated with even as an allegation.


PLEASE CAN SOMEONE WHO HAS BEEN ARRESTED AND APPLIED FOR AN ENHANCED CRB TELL ME WHAT HAPPENED. Was the information disclosed?

Thanks for the advice! I'm finding it hard to concentrate on work and feel as if I'm a criminal which I shouldn't be!
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jbazely
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The length of time that a DBS Check (as they are now called) takes does not mean that they are reviewing information. It can take any time between 4 hours to 50+ days to be returned and there are several factors that can affect the return time, this includes someone with a similar name, if the form was completed correctly, if the Local Police Force(s) have a backlog or if you have moved a lot within your 5 year address history.

There are now new Filtering Rules that will apply to all Disclosure Certificates that are issued by the Disclosure and Barring Service. They are aimed at removing old or minor convictions from the Certificate of an individual. They are fairly new so you may not have heard about them. The link below explains them as they currently stand:

http://www.ddc.uk.net/question/what-...-certificates/

If you were provided with any paperwork at the time they will be able to tell you if a caution/conviction was recorded against your name. My main advice would be to talk to your employer or the person who asked you to completed the form and explain the circumstances surrounding the event. As the subject of the check you are the only one that will be sent a Certificate so you will be able to see if it is included when it arrives, and then take it to your employer enabling you to give your recording of the information prior to them seeing it. Most employers will be fairly accepting of information if you explain it as above.

Hope this helps!
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lilibet01
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no experience, but tell your university now and explain what happened.
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nonswimmer
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An arrest on suspicion of affray will not show up if you were not cautioned or even charged.

Don't worry about your CRB taking longer than others, that will be down to differences in how the checks are processed locally etc.

The thing about "police discretion to disclose" in reality applies to, eg, people who have had many allegations of rape then applying to work with vulnerable adults etc.

No further action on an affray is not going to ruffle anyone's feathers.
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Annie72
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Be totally honest about what happened that night is my advice.
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dent_soc
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(Original post by nonswimmer)
An arrest on suspicion of affray will not show up if you were not cautioned or even charged.

Don't worry about your CRB taking longer than others, that will be down to differences in how the checks are processed locally etc.

The thing about "police discretion to disclose" in reality applies to, eg, people who have had many allegations of rape then applying to work with vulnerable adults etc.

No further action on an affray is not going to ruffle anyone's feathers.

Firstly thanks for all your advice, I really hope this is true. I will keep you all updated. Can I ask is your advice from personal experience? Thank you
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nonswimmer
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(Original post by dent_soc)
Firstly thanks for all your advice, I really hope this is true. I will keep you all updated. Can I ask is your advice from personal experience? Thank you
no, just logic. what are you guilty of? nothing.

are you a sexual offence dodging Jimmy Savile? no

so, nobody will care.
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dent_soc
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(Original post by nonswimmer)
no, just logic. what are you guilty of? nothing.

are you a sexual offence dodging Jimmy Savile? no

so, nobody will care.


Yeah your right. Thanks
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David Wacks
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it is up to the police whenever you have an enhanced criminal records check the balance the evidence against you, the risk of the job you are applying for and the effect upon you and decide disclose it.
It is possible they will write to you, giving you a few weeks notice to object to what they proposed to put on, and you can then object to it, but, even if they decide to put it on, the certificate is sent to you 1st and not to your prospective employer and you can then apply to an independent monitor to appeal the decision. Even serious allegations that as rape or indeed manslaughter can be removed if clear arguments are put forward.there are court guidelines what the police should take into account ..
Hope it goes well

David Wacks
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dent_soc
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Quick update crb came back clear, thanks for all you advice and comments!
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Gobberts
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Hi i am wondering if anyone could give me advice,my daughter was arrestted for buglary, for being seen near a house the got robbed,she got no futher action does any one no if this will show on a enchanced dbs check as she has applied to work in a care home.really consernedx
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Gobberts
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Please help
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songbirds
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(Original post by Gobberts)
Please help
It will come back clear
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Gobberts
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(Original post by songbirds)
It will come back clear
Hi thanks for your reply, i thought that arrest show up on information by police cheif officers, she is really worried, as she has got a criminal record from 5 1/2 years ago and told them about that cause she knows that that would be on.but if she as been arrest with nfa someone said it may show which is no fair.more advice if possiable.thanks.xx
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songbirds
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I wouldn't worry. Apply for the crb as see if anything comes up. I doubt what you describe will be a problem for her. I had a friend who blew up a car at 15 and it didn't show up on an enhanced crb.
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Gobberts
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Will he think the job should know about the arrest?she has paid 44 pound and it will probley be here in 3 weeks.she is really worried tho cause she has got a criminal record for shoplifting 5 1/2 years ago but has told them about this, and is so scared her arrest for bugular will shop.she got nfa.
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Gobberts
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Would they think this is a risk tho if she is working with old people?
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songbirds
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(Original post by Gobberts)
Would they think this is a risk tho if she is working with old people?
No care homes will take on anyone except sex offenders. Nothing much to steal in there anyway unless you like slippers or dentures.
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David Wacks
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(Original post by Gobberts)
Hi thanks for your reply, i thought that arrest show up on information by police cheif officers, she is really worried, as she has got a criminal record from 5 1/2 years ago and told them about that cause she knows that that would be on.but if she as been arrest with nfa someone said it may show which is no fair.more advice if possiable.thanks.xx
It is up to the police if they disclose an arrest – but the certificate will go to your daughter, so she can appeal – if they put that on please let me know and I will advise further as to what she can do
you mention a criminal record from 5 1/2 years ago, but don't say if it was a conviction or caution. If a conviction and you has no other convictions. It should be filtered off after 11 years. If a caution, it should be filtered off after 6 years but, it is possible to apply to the police to have it removed altogether because although removed for employment purposes in this country, it remains on her record and would need disclosing for many visa purposes

Regards

David Wacks
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Gobberts
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Thankyou david, how do the police decide to put arrest on crb cause she has been charged with shoplifting wouldnt they see the burgulary arrest at needed to be put on?or does it not work like that?yes it was a charge 11 years it will be off.she had an interview by the manger at the care home and they phoned her that day to say she had go a place, she told the interviewer that she had criminal record but did no tell them about arrest she didnt think she needed to.By now when she has took her crb to the main office the lady who sorts crb out said it is up to the main manger kev is she can work when crb comes back.she is really worried, ive told her we all make mistakes and learn from these.p.s she was bailed for bugulary for two weeks and went back and got nfa.please reply david i am really greatful for your advice.xx
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