DBS Checks post Spent Conviction

Convicted Driver Insurance

MaryM123

Well Known Member
Hi all

I was convicted 7 years ago of drink driving. My understanding is drink driving (not careless or dangerous) is spent after five years and I don’t need to declare it.

I’ve this week been asked by my employer to respond to a new DBS check which asks “have you ever been convicted of a criminal offence.” I’ve did a DBS for the same employer 3 years ago which is now due to expire. I passed this and it made no mention of my offence.

Although I work for a UK firm, the parent firm is American and they now use an American employment rights checker (they didn’t 3 years ago). I believe US law is different Regarding spent offences.

My manager agrees with me but HR are standing firm and say I must answer by noon tomorrow.

My manager knows about my past and I’ve said to her the questions should be “have you ever been convicted of one of the following offenses” and if no “have you been convicted of an offence in the last five years”.

I know I will pass the dbs check but my argument to my manager is why should I answer this question as it does away with the thought process of being able to wipe the slate clean that spent convictions were designed to achieve.

If I answer a whole group of people at work will know about my conviction when I don’t believe they should. I equally recognise challenging it will mean even more people will learn about the very thing I am trying to distance myself from.

i would welcome any thoughts or input.

MM
 
MaryM123 said:
Hi all

I was convicted 7 years ago of drink driving. My understanding is drink driving (not careless or dangerous) is spent after five years and I don’t need to declare it.

I’ve this week been asked by my employer to respond to a new DBS check which asks “have you ever been convicted of a criminal offence.” I’ve did a DBS for the same employer 3 years ago which is now due to expire. I passed this and it made no mention of my offence.

Although I work for a UK firm, the parent firm is American and they now use an American employment rights checker (they didn’t 3 years ago). I believe US law is different Regarding spent offences.

My manager agrees with me but HR are standing firm and say I must answer by noon tomorrow.

My manager knows about my past and I’ve said to her the questions should be “have you ever been convicted of one of the following offenses” and if no “have you been convicted of an offence in the last five years”.

I know I will pass the dbs check but my argument to my manager is why should I answer this question as it does away with the thought process of being able to wipe the slate clean that spent convictions were designed to achieve.

If I answer a whole group of people at work will know about my conviction when I don’t believe they should. I equally recognise challenging it will mean even more people will learn about the very thing I am trying to distance myself from.

i would welcome any thoughts or input.

MM
Click to expand...
Assuming you were over 18 when the offence was committed, and you did not receive a custodial (prison) sentence, it will be 'filtered out' after 11 years. Before that, you will need to declare it on a DBS check. See below:
unlock.org.uk

Criminal records that don't show (stay) on standard and enhanced DBS checks (filtering and protected cautions and convictions) - Unlock

Aim of this information In July 2020 the government announced plans to change the rules on what is disclosed on (and removed from) standard and enhanced criminal record checks issued by the Disclosure and Barring Service (DBS). This was in response to a Supreme Court ruling in 2019. This...
unlock.org.uk unlock.org.uk
 
I was and I didn’t. I don’t understand why I am being made to complete a form that declares it anyway.mike been forced to do it now as I was given a deadline of midday today.

Thanks for your reply.
 
MaryM123 said:
Hi all

I was convicted 7 years ago of drink driving. My understanding is drink driving (not careless or dangerous) is spent after five years and I don’t need to declare it.

I’ve this week been asked by my employer to respond to a new DBS check which asks “have you ever been convicted of a criminal offence.” I’ve did a DBS for the same employer 3 years ago which is now due to expire. I passed this and it made no mention of my offence.

Although I work for a UK firm, the parent firm is American and they now use an American employment rights checker (they didn’t 3 years ago). I believe US law is different Regarding spent offences.

My manager agrees with me but HR are standing firm and say I must answer by noon tomorrow.

My manager knows about my past and I’ve said to her the questions should be “have you ever been convicted of one of the following offenses” and if no “have you been convicted of an offence in the last five years”.

I know I will pass the dbs check but my argument to my manager is why should I answer this question as it does away with the thought process of being able to wipe the slate clean that spent convictions were designed to achieve.

If I answer a whole group of people at work will know about my conviction when I don’t believe they should. I equally recognise challenging it will mean even more people will learn about the very thing I am trying to distance myself from.

i would welcome any thoughts or input.

MM
Click to expand...
If you made your employer aware of the offence before you took up the offer of a job, then you should be fine.

I believe that with anything other than a basic DBS, your conviction will show up.
 
My offence happened during my employment, I’m not bothered about that. My employer knew what happened and supported me at court.
My issue is this is 7 years down the line, I don’t have to declare it as it’s spent and it means now the HR team who weren’t there at the time now all know about my past which I would prefer they didn’t. No point in allowing me to wipe a clean slate if I have to keep telling people.
 
MaryM123 said:
My offence happened during my employment, I’m not bothered about that. My employer knew what happened and supported me at court.
My issue is this is 7 years down the line, I don’t have to declare it as it’s spent and it means now the HR team who weren’t there at the time now all know about my past which I would prefer they didn’t. No point in allowing me to wipe a clean slate if I have to keep telling people.
Click to expand...
This is a tricky one. Are you in a Union? If so you could get them involved or if not you might need to seek legal advice.

On a similar note, although Drink Driving is a criminal conviction, I am in the process of taking out Home and Contents Insurance and Admiral consider this to be a 'motoring offence.'

Perhaps if your HR push it, you can use this argument.

Can I ask why the new HR section is suddenly asking all staff(?) for a this? Is the DBS an internal document? Do they not have access to your personnel files where the conviction might/should have been recorded?

I lost my licence for the 1st time when I worked with a local authority and fully expected my employment to be terminated. To my surprise, the HR dept's attitude was that although I had lost my licence, sacking me could be seen as discriminatory towards non drivers. No one seemed to click that this was also a Criminal offence.

Sorry for all the questions.
 
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