Criminal Record?

[Davidp77]

Hi

 

Would anybody be able to tell me how the best way to go about finding out if I have a criminal record?

 

I received a fine in a magistrates court in 2007 for not paying a train ticket. I have phoned the courts but they weren't able to tell me?

 

Do I just contact the police or is there some sort of national database that I need to contact?

 

Any advice would be appreciated?

 

Thanks

 

David

[MRSWESTHAM]

Hi Ya

 

My OH just went into station an asked for a printout of whats on their screen.

 

They obliged, not sure if they had to

[MRSWESTHAM]

Found this too, hope it helps

How can I receive a copy of my UK police record?

 

 

 

 

 

 

 

 

 

Under the Data Protection Act of 1988, individuals have the right to obtain copies of certain personal information that may be held about them by the police. These rights are known as Subject Access rights. More information about your rights is available from the website of the Information Commissioner. People requiring police background checks on themselves for reasons such as visa applications, foreign residence applications or employment reasons, can use Subject Access to receive the information needed.

To receive Subject Access information, individuals need to contact the local police force responsible for the area in which they last resided in the United Kingdom, and request a Subject Access form. The Police Forces of the UK provides a complete listing of police offices. In addition, police forces in all of the London boroughs is available from Metropolitan Police.

Individual police force web sites provide various types of access to the Subject Access forms. Some police forces allow you to download the form in PDF format; other requests can be sent by e-mail; for others, written requests or telephone requests are accepted. Individuals are advised to follow the specific requirements on the individual police web sites. However, Subject Access forms are not available through Consulates in the United States.

Submission of Subject Access forms must be accompanied by a fee (usually £10, but check with your local police force) as well as proof of identity. The original copies of the following documents will be accepted as proof of identity: Birth Certificate, Driving License, NHS Medical Card, Vehicle Registration Document, Household Utility Bill (Gas, Electricity, Telephone etc.), Bank, Credit Card Statement or any other official document that has your name and current address on it. Any combination of these suggested documents should be able to confirm your full name(s), date of birth and your current address. Under certain circumstances, a police office may accept notarized documents, and individuals are advised to contact their local police force for additional information.

Subject Access information can take two forms. Individuals can request information held by their local police force or information held by the National Identification Service (NIS) at New Scotland Yard. The latter is the information required by prospective employers, visa or immigration authorities.

Local police forces, upon receiving your Subject Access information form, your fee and your identification material, will check your application against proof of identity. The request will then be forwarded to the National Identification Service at New Scotland Yard for processing. It is the responsibility of the applicant to ensure that the Subject Access form is received at least 40 days prior to the date on which the applicant requires the material.

Applicants can receive additional information on Subject Access information and forms from their local police force or from the Metropolitan Police:

Metropolitan Police New Scotland Yard

Broadway

London, UK

SW1H 0BG

Tel: +44 20 7230 1212

Fax: +44 20 7230 4276

[raydetinu]

Do a subject access request to the police. It may not show up as criminal record or if it does it will only last a set period. but if you were arrested by the police it will always be on their records it never goes away.

You can try asking on the UKpolice on line forum also.

[Davidp77]

Hi

 

Thanks for the replies.

 

I'm confused because there were no police involved but due to the fine being issued at a court I have read that it might have led to a record?

 

I will try the subject access and the UK police online forum and see what happens.

 

Thanks

 

Dave

[newmoses]

I was under the impression that if you have a criminal record and have kept out of trouble for at least 10 years then under the rehabilitation of offenders Act, these past criminal offences are spent and can't be disclosed??

[dx100uk]

I was under the impression that if you have a criminal record and have kept out of trouble for at least 10 years then under the rehabilitation of offenders Act, these past criminal offences are spent and can't be disclosed??

 

 

prob but as this was in 2007 .........

 

dx

[The Declaration]

Unless term of over 30 months custodial sentence which will never be "spent" in Scotland anyway

[mree]

I was under the impression that if you have a criminal record and have kept out of trouble for at least 10 years then under the rehabilitation of offenders Act, these past criminal offences are spent and can't be disclosed??

 

This is actualy a myth - for certain kinds of jobs, even cautions received as a child may show up on a CRB check! For example, a friend of mine recently had a job offer withdrawn because she received a caution for nicking a mascara when she was 14!

[postggj]

I Believe That Will Only Show Up On An Advanced Crb Check

THATS WORKING WITH CHILDREN ETC

The Normal Will Not

[mree]

I Believe That Will Only Show Up On An Advanced Crb Check

THATS WORKING WITH CHILDREN ETC

The Normal Will Not

 

My apologies - I forget there are different levels of CRB check, as I work in healthcare where EVERYONE has to have an advanced check, so I've never come across the standard one, although I was aware of its existence!

[2ltr16valve]

I Believe That Will Only Show Up On An Advanced Crb Check

THATS WORKING WITH CHILDREN ETC

The Normal Will Not

 

 

Thats right mate, enhanced (advanced) shows EVERYTHING spent or not.

 

I am in Nursing, they dig very deep lol

[patdavies]

I Believe That Will Only Show Up On An Advanced Crb Check

THATS WORKING WITH CHILDREN ETC

The Normal Will Not

 

There are only two types of CRB disclosure - standard and enhanced.

 

Both will show all criminal convictions, cautions, etc.

 

The enhanced disclosure additionally can include Police intelligence/suspicions

[2ltr16valve]

There are only two types of CRB disclosure - standard and enhanced.

 

Both will show all criminal convictions, cautions, etc.

 

The enhanced disclosure additionally can include Police intelligence/suspicions

 

 

 

wrong...!

 

The enhanced shows spent convictions.... if they are spent they do NOT show on a standard crb check ! as they are no longer relevant.

 

This is the reason for enhanced checks, the enhanced check also checks pova, povc, interpol, etc etc

 

I have never seen a crb check that discloses "intelligence/suspicions" ... for one, the police would not disclose their intelligence ! or it would not be useful intelligence any more.... or their suspicions either as it shows their hand... !

[postggj]

What About The Legislation That States That If An Offence Is Spent Under The Rehab Of Offenders Act, An Employee Does Not Have To Disclose It If Asked By An Employer

 

Now If The Employer Then Finds Out And Sacks The Employee For Failing To Disclose, Yet The Employee Has Done Nothing Wrong

 

That Was The Whole Idea Of The Rehab Of Offenders Act

 

So A Minor Blip Would Not Be Held Against You

[postggj]

Beat Me To It

[SteveH2508]

Also be aware that Rehab of Offenders Act does not apply for US Visa applications.

[patdavies]

wrong...!

 

The enhanced shows spent convictions.... if they are spent they do NOT show on a standard crb check ! as they are no longer relevant.

 

This is the reason for enhanced checks, the enhanced check also checks pova, povc, interpol, etc etc

 

I have never seen a crb check that discloses "intelligence/suspicions" ... for one, the police would not disclose their intelligence ! or it would not be useful intelligence any more.... or their suspicions either as it shows their hand... !

 

Sorry, it is you that is mistaken. From the CRB website

 

Why are there two levels of CRB Checks?

The different levels of Disclosure reflect the amount of contact with children or vulnerable people or the amount of responsibility taken by the post holder, for those children or vulnerable adults.

 

Standard CRB check

This is primarily available to those working in controlled activities, as well as certain other occupations and entry into professions as specified in the Exceptions Order to the Rehabilitation of Offenders Act (ROA) 1974. Standard CRB checks show current and spent convictions, cautions, reprimands and warnings held on the Police National Computer.

 

Enhanced CRB Check

This is the highest level of check available to anyone working in regulated activity with children or vulnerable adults. It is also available in certain licensing purposes and judicial appointments. Enhanced CRB checks contain the same information as the Standard Disclosure but with the addition of;

 

any relevant and proportionate information held by the local police forces.

a check of the new Children and or Vulnerable Adults barred lists where requested.

The CRB recognises that the Standard and Enhanced Disclosure information can be extremely sensitive and personal, therefore it has published a Code of Practice and employers’ guidance for recipients of Disclosures to ensure they are handled fairly and used properly.

 

A copy of the Standard or Enhanced Disclosure will be sent out to the applicant as well as the Registered Body.

 

My bold for emphasis

[postggj]

So Does The Rehab Of Offenders Act Still Exsist Or Has Her Brown Got Rid Of That By Stealth Also

[2ltr16valve]

Sorry, it is you that is mistaken. From the CRB website

 

 

 

My bold for emphasis

 

 

So they breach the Rehab act then by disclosing a conviction that the prospective employee has no lawful requirement to disclose ?

 

Makes the act rather pointless do you not think ?

 

 

Only time I have seen that you have to disclose convictions is when you are working in a trusted position or of authority ! Then you have an enhanced check that shows all this anyway !

 

The difference between the checks is not that the latter includes what the police may/may not know on you !!

 

The relevant information would likely include such things as, "repeated called 999 when warned not to" "wasting police time" .... as these could indicate a mental health issue.... or just a rubbish police force but hey ho lol

 

 

So Does The Rehab Of Offenders Act Still Exsist Or Has Her Brown Got Rid Of That By Stealth Also

 

 

 

my thoughts exactly, would breach the right the rehab'd offender has in not disclosing the conviction !

[postggj]

JUST DUG THIS OUT ON THE HOME OFFICE WEB SITE

 

Standard CRB check

 

Standard CRB checks are for people entering certain professions, such as members of the legal and accountancy professions. Standard checks contain the following:

 

• Convictions, Cautions, Reprimands and Warnings held in England and Wales on the Police National Computer, the most of the relevant convictions in Scotland and Northern Ireland may also be included;
  
• Standard checks no longer include a check of the old or new barred lists from 12 October 2009, therefore if you are working or volunteering with children or vulnerable adults, you may now be entitled to an Enhanced CRB check
  

[postggj]

The Point Ime Asking Is For Joe Bloggs Employment That Needs A Crb

 

How Long Will It Be Before We All Have To Go Through This And Be Recorded On The Pnc As Having A Check Done

 

Dont The Goverment Have Enough Info On Us As It Is

 

 

Take For Instance

 

A Milkman

 

Taxi Driver

[ErikaPNP]

There is a requirement to disclose, in some circumstances "spent" convictions. There are many exceptions to the right of protection in respect of spent convictions under the Rehabilitation of Offenders Act. If you fall within any of the below exceptions, you will be required to disclose all convictions, spent or unspent.

 

Accountants

 

Actuaries

 

Chartered psychologists

 

Court officers, justices' clerks and their assistants

 

Dealers in securities

 

Dentists, dental hygienists and dental therapists

 

Directors, controllers or managers of insurance companies

 

Firearms dealers

 

Home inspectors

 

Judicial appointments

 

Lawyers and legal executives

 

Managers or trustees under a unit trust scheme

 

Medical practitioners

 

Members of boards of prison visitors

 

Nurses and Midwives

 

Occupations regulated by the Gaming Board for Great Britain

 

Officers and employees of:

 

 

• Prisons
  
• remand centres
  
• removal centres
  
• short-term holding facilities
  
• young-offender institutions
  

Officers and Employees of:

 

 

• the Crown Prosecution Service
  
• the Serious Fraud Office
  
• the Serious Organized Crime Agency
  
• Her Majesty’s Customs and Revenue
  

Optometrists and dispensing opticians

 

Pharmaceutical chemists and registered pharmacists and pharmacy technicians

 

Police constables, cadets and police force employees and assistants

 

Registered chiropractors

 

Registered osteopaths

 

Registered, dieticians, paramedics, occupational therapists, physiotherapists, radiographers, speech and language therapists and clinical scientists

 

The employees of certain children’s charities

 

Traffic Officers

 

Traffic wardens

 

Veterinary surgeons

 

Other occupations are exempted from the protections under the Rehabilitation of Offenders Act because of what the work entails. In these circumstances, you are (normally) required to disclose even your spent convictions. These exempted categories of work include:

 

 

• Employees of the RSPCA whose duties extend to the humane killing of animals
  
• Any employment or other work normally carried out in bail hostels or probation hostels
  
• Any office or employment concerned with providing care services to vulnerable adults which would normally enable access to such vulnerable adults
  
• Any position whose normal duties include work in a school, children’s home or children’s hospital.
  
• Certain officials and employees from government and public authorities with access to sensitive or personal information or official databases about children or vulnerable adults
  
• Any office or employment concerned with providing health services which would normally enable access to recipients of those health services.
  
• Any occupation concerned with the management of abortion clinics
  
• Any occupation concerned with the management of registered nursing homes
  
• Officers and other persons who execute various court orders
  
• Anyone who as part of their occupation occupies premises where explosives are kept under a police certificate
  
• Contractors who carry out various kinds of work in tribunal and court buildings
  

As well as excluding particular professions, and occupations involving certain kinds of work, the Rehabilitation of Offenders Act exceptions also state that you can be required to disclose your spent convictions when questions are asked for particular purposes. Examples include any questions asked:

 

 

• to assess a person’s suitability to work with children.
  
• to assess a person’s suitability to adopt children, or a particular child, or a question about anyone over the age of 18 living with such a person
  
• for the purpose of safeguarding national security, if you wish to be employed by certain bodies such as the UK Atomic Energy Authority, the Civil Aviation Authority, the Financial Services Authority or as an officer of the Crown.
  
• by or on behalf the Football Association, Football League or Premier League to assess someone’s suitability to work as, or supervise or manage, a steward at football matches.
  
• by the Financial Services Authority and certain other bodies involved in finance, when asked to assess the suitability of a person to hold a particular status in the financial and monetary sectors.
  

Where you are asked an exempt question, you should be told that the question is exempt and you are required to disclose spent and unspent convictions.

 

Applications for certain certificates or licences require that your spent convictions must be disclosed, and the licensing authority may take them into consideration. These include licences or certificates for driving taxis, for firearms, where you have responsibility for someone under the age of 18 earning money abroad by entertaining, playing sport, or working as a model. In these cases, failure to disclose a spent conviction could lead to the refusal or loss of your certificate or licence, and in some cases, can lead to prosecution.

[Davidp77]

Hi

 

Just wanted to give you an update as I sent off my subject access form a few weeks back and have just received a letter stating that the PNC holds no information on me. I thought this might be the case as there was no police involved in my situation.

 

I believed that the courts etc reported things like this so the PNC had a record of convictions etc. Does this mean that perhaps my fine has not lead to a criminal record or do I still need to check elsewhere?

 

Thanks

 

David

[postggj]

Not On Pnc

Happened In 2007

 

Your Laughing

 

No Trace

No Criminal Record