Spent or Unspent Convictions on CRB

Skilachi made this Freedom of Information request to Criminal Records Bureau

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From: Skilachi

6 September 2012

Dear Criminal Records Bureau,

Can you please provide more information in regards to when a spent
or unspent conviction will show up or be cleared on a CRB check.

FOI Questions.

1. Fine received in court 10th Aug 2012. Do note that current
Rehabilitation Offenders Acts 1974 states fines are spent after
5years but with the new amendments coming into force April 2013,
which will now be reduced to 1 year....Can you please state when
exactly this will show up as spent when a CRB is carry out? e.g
Using the new rules of 1 year, will this come up when a basic or
enhanced CRB is made after 10 Aug 2013...say 11th Aug 2013?

2. Driving disqualification ban got in 10th Aug 2012 for 20months
but got offered rehab course 25% off (5months) so ban will be
reduced to 15months from Aug 2012 and expected end date will be Nov
2013.

Basically all i'm asking is who long do one has to wait for unspent
convictions to show up as spent when a basic/enhanced CRB is
carried out?

i.e same day the conviction date ends, the next day, few days, few
weeks or few months after the exact end date of conviction?

Yours faithfully,

Skilachi

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From: CRB Freedom Of Information
Criminal Records Bureau

7 September 2012

Dear Skilachi

Thank you for your email.

The CRB does not hold this information. The Criminal Records Bureau remit is to assist UK employers in the recruitment process of individuals who will be working with children and vulnerable adults by issuing "Certificates".

The CRB does not hold a copy of the Police National Computer (PNC) record of convictions. The system held by the CRB is known as a PNC Extract. The extract contains basic identifying details such as name and date of birth of persons included on the PNC. The extract does not contain any conviction information. The police force both own and maintain all information contained on the PNC.

The CRB issues Higher Level Certificates for employment and licensing purposes, as provided for in part V of the Police Act 1997. Higher Level CRB checks (Standard and Enhanced) can only be asked for in relation to positions that are included in the Rehabilitation of Offenders Act 1974 (ROA) (Exceptions) Order 1975. These are positions/licensing requirements for which an employer/regulatory authority may ask to see spent as well as unspent conviction information, cautions, reprimands and warnings held on the Police National Computer (PNC).

I have provided below the difference between the Standard and Enhanced CRB checks, which provides an indication of what information may be revealed:

Standard CRB Check

Standard check can be applied for by those entering certain professions, such as members of the legal and accountancy professions and applying for specified licences. A Standard check contains:

Details of all convictions, cautions, reprimands and warnings held on the Police National Computer (PNC). Standard CRB checks are no longer available for posts working with children and vulnerable adults. A Standard check cannot reveal if a person is ISA barred from working with children or vulnerable adults.

The CRB are unable to confirm when information will appear on Standard and Enhanced checks, it entirely depends on whether the information is held on the police systems at the time of the check.

Enhanced CRB Check

An Enhanced check is the highest level of check available to anyone involved in regulated activity for a regulated activity provider working with children or vulnerable adults. It is also available in certain licensing purposes and judicial appointments. Enhanced checks contain the same information as the Standard check but also include a check of the barred lists and any relevant and proportionate information held by the local police forces.

The barred lists are held by the Independent Safeguarding Authority (ISA) and are detailed below:

• A list of people barred from working with children (replacing List 99, the Protection of Childrens Act ( POCA) list and disqualification orders)

• A list of people barred from working with vulnerable adults (replacing the Protection of Vulnerable Adults (POVA) List)

The CRB do not currently provide the Basic level of check. Whilst the CRB issues Standard and Enhanced certificates, Disclosure Scotland issues Basic disclosures, which are available to all individuals and contain details of unspent offences only. These are sometimes requested by employers recruiting for positions which are not eligible for a CRB check. If an individuals conviction is now spent it would not be revealed on a Basic disclosure.

As you will see from the information provided above, the information released on a CRB check is dependent on the information that is held on the PNC and other data sources at the time of the check. All criminal record information is owned and maintained by the police. The CRB are unable to confirm when information will appear on Standard and Enhanced checks, it entirely depends on whether the information is held on the police systems at the time of the check.

If you require more information regarding the PNC you will need to direct your request to the police.

I hope this information is of assistance.

A. Clayton
CRB Freedom of Information Officer

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