That would be a breach of the law for certain.
what type of employment are you talking about?
Hi BigTom/Price..The Rehabilitation of Offenders Act states that by law, you are required to disclose your criminal record for 5 years after conviction if you are issued an endorsement, but only if you are asked. If you go for car insurance for example (or an employer asks you if you have a record), you have to declare it for 5 years despite some actual endorsements disappearing from your licence after 4 years. A DG10 stays on your licence for 11 years though, so anyone having access to your licence details will see the offence for the full 11 years.
If they felt that your job required an “enhanced DBS check” they would do one, but for an ordinary job in insurance I would not expect this to be the case. This leaves them with a simple criminal record check and after 5 years your conviction is spent for those purposes so they have no right to ask about “all” criminal offences. You can honestly answer NO to the question.Just IT within an insurance company.
@firemansam007 That is correct (according to Unlock charity). If an insurer (or anybody else) uses your information in the way that Price mentions without your permission, they are committing a criminal offence themselves. Data and information can only be used for the reason it was collected, or the reason you gave permission for it to be used., any other use is strictly prohibited.Hi BigTom/Price..
i have just checked gov.uk website and found the below about endorsements. Could you please confirm after 5 years the endorsement is only visible to DVLA and courts - not to insurers and those who check through vehicle check codes.
Thanks,
Sam
@firemansam007 That is correct (according to Unlock charity). If an insurer (or anybody else) uses your information in the way that Price mentions without your permission, they are committing a criminal offence themselves. Data and information can only be used for the reason it was collected, or the reason you gave permission for it to be used., any other use is strictly prohibited.
@Hobgoblin The ROA is categorical in respect to the law regarding spent convictions. An employer may ask to carry out a DBS which may show up spent convictions, but to ask you specifically to tick a box to say you have a spent conviction is illegal. I understand your reluctance to challenge them on this, so I would not tick the box. If you are later disciplined for 'lying' , you have the law to back you up.
Nothing has changed in reality. I don't know why the Database showed the ‘ordinary’ removal offence date (for all other motoring offences other than drink to drug driving) but what you are seeing now is correct, drug driving is declarable for 5 years when seeking employment because it is not spent until then, and can also have a material effect on insurance.
BUT it remains on your licence record for 11 years.
As has been detailed earlier in this thread, if your prospective employer or agency does a check with your date of birth and national insurance number on the DVLA database it will show the conviction as being on your record for 11 years. If they have a policy of only employing people with a ‘clean’ licence then you will not get employed.
There is no point in contacting the court, it is nothing to do with them. They just disqualified you and notified DVLA. They do not stipulate how long it remains on your driving licence record.
The current Drug Driving legislation came out in 2015, and since then it has been the case that a DG10 remains on your record for 11 years, due to the fact that a second conviction in 10 years leads to a minimum 3 year ban.
Nothing has changed in reality. I don't know why the Database showed the ‘ordinary’ removal offence date (for all other motoring offences other than drink to drug driving) but what you are seeing now is correct, drug driving is declarable for 5 years when seeking employment because it is not spent until then, and can also have a material effect on insurance.
BUT it remains on your licence record for 11 years.
As has been detailed earlier in this thread, if your prospective employer or agency does a check with your date of birth and national insurance number on the DVLA database it will show the conviction as being on your record for 11 years. If they have a policy of only employing people with a ‘clean’ licence then you will not get employed.
There is no point in contacting the court, it is nothing to do with them. They just disqualified you and notified DVLA. They do not stipulate how long it remains on your driving licence record.
The current Drug Driving legislation came out in 2015, and since then it has been the case that a DG10 remains on your record for 11 years, due to the fact that a second conviction in 10 years leads to a minimum 3 year ban.
Hi ace.hope your well.i have a dg10 on my licence.convicted 11th march 2019 banned until 15th June 2020 e.g. 15 months.removal date on the driving licence checker is 11 th march 2023.they will get round to me shortly I suppose.Mate may I ask why have they repeated this mistake with at least two other members in this forum? I would like to know whay happened in their case, if they noticed any change on the removal dates lately.
Hi neebob200,Hi ace.hope your well.i have a dg10 on my licence.convicted 11th march 2019 banned until 15th June 2020 e.g. 15 months.removal date on the driving licence checker is 11 th march 2023.they will get round to me shortly I suppose.
EVERYONE has a DR10 or a DG10 remain on their licence record for 11 years. It is not a matter of luck, it is the LAW, I thought I had made that clear to you!!!Hi neebob200,
I hope you dont get yours increased. 4 and 11 is a big difference.