I have a convivction under section 362 (1) (a) and 350 (6) of the insolvency act 1986 I received 2year conditional discharge in July 2004 , will this appear on a DBS check ? Will it be on police computer ?
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I would think it may turn up as it is a criminal conviction but you could check with the Official Receiver who prosecuted. It is not so common these days for prosecutions to take place as gambling and the like are now dealt with by bankruptcy restriction orders.
It must have been pretty serious to be prosecuted even in 2004.
They pursued me as 2years before I went bankrupt I contributed extent of bankruptcy due to gambling , have had conflicting answers as to whether this will appear on dbs check or not as never actually arrested or fingerprinted
Hi From 29 May, the DBS will filter certain old and minor cautions, convictions, reprimands and warnings from criminal record certificates issued. This may open up and improve employment prospects of some ex-offenders (depending on the offences) wishing to apply for roles where a DBS certificate is required.
There is further information on filtering rules together with the list of offences that will never be filtered on www.gov.uk/dbs.
Every Cloud has a silver lining. At the end of the Rainbow is a Pot of Gold - Or Hope!
Sorry - am I missing something here? I cannot see how the OR could have prosecuted you two years prior to you being made bankrupt? If you were officially charged with an offence, it will ne picked up on the DBD register until the time is spent.
If you were not fingerprinted or had DNA taken, then it's unlikely that you've been charged with a criminal offence or even received a caution. If you've not been charged then you will not have a criminal record. To put your mind at rest, it may be worth your while doing a 'basic disclosure' on yourself as you cannot apply for a CRB (DBS) check on yourself unfortunately. I think the fee for it is around £25.
I was wondering about how long stuff remained on file I got pinched for shoplifting 30 years ago finger printed etc then two years later called for Jury service (which they said would never happen due to the conviction) so 30 years on I had a contract at Bellmarsh prison anyway was asked if I had a criminal conviction...I said no, big mistake, on the bright they now won't let me in.. and the double punch line I had to provide a computer to bellmarsh prison as part of said contract, which I did, only it got stolen once inside...
Under the Rehabilitation of Offenders Act, the conviction will be classed as 'spent', however will still appear on police computers etc, however will show as spent and the person can be classed as 'of good character'. If there was a previous custodial sentence (including suspended sentences) of 2 and a half years or more, these will always be on your record.
It's similar to the IVA/Bankruptcy scenario - answering the question 'have you ever been bankrupt or in IVA', should always be answered correctly. The question, 'have you got any criminal convictions?' means that you also need to admit 'spent' convictions also, however for employment etc, the spent conviction should be ignored (unless it has relevance to the type of job you're applying for). For example, if you've previously been convicted of lets say cheque fraud or money laundering and the conviction is now spent, it's still unlikely that you will get a job as a bank manager!
Only if a custodial sentence (including suspended sentences) are given for 2 and a half years or more will it still show as a criminal record regardless of the offence. This conviction will stay on file for the life of the offender even if he/she never ever reoffends. Basically it's something they have to live with for the rest of their lives.
If a lesser sentence was passed, then under the Rehabilitation of Offenders Act, the conviction will be classed as spent, however will still on a CRB (DBS) check however will show as spent and should not be taken into consideration for future employment etc...
