Hi, I'm new on here, but would greatly appreciate your help.

On 17/01/2011 I was given a conditional discharge for 2 years and disqualification relating to animals. I was advised at the time that I could apply after 3 years if I wished to keep any animals. I have recently had a basic disclosure check for a new job and the conditional discharge is still showing on there, along with the disqualification relating to animals.

My question is this, should the conditional discharge still show on a basic disclosure, 14 months after it had been spent?

I have been working at my new job for a month and I am very concerned that this blemish still showing on my record will affect my chances of keeping my job.

Hello and welcome to CAG.

I hope the employment guys will be along later with answers for you. As it's the weekend, things will be quieter, but please bear with us until they're able to get here.

My best, HB

Hi and welcome

Unfortunately a DBS (formerly CRB) check will always disclose both spent and unspent convictions together with any formal cautions. This is the same for both standard and enhanced disclosures.

The fact that a conviction is 'spent' would only mean that (if asked on an application form whether you had any convictions) you could answer 'No' - unless the question was framed as 'have you EVER had any convictions whether spent or not'. If a DBS is required of any sort, then your conviction WILL be disclosed.

Hi, thank you both for your responses.

I've taken another look at the basic disclosure certificate that was sent to me and the first paragraph reads as follows:

"All basic disclosure certificates are issued under section 112 of the Police Act 1997. A certificate either contains information about every conviction of an applicant, or states that there is no such conviction. Conviction takes its meaning from the Rehabilitation of Offenders Act 1974, but it does not include any spent conviction. The Rehabilitation of Offenders Act 1974 sets out rehabilitation periods after which convictions may become spent; different rehabilitation periods apply in England Wales and Scotland."

What I find confusing is that it states that the listing does not include any spent convictions, but it does list a conditional discharge for 2 years and disqualification relating to animals for 5 years. The convition date was 17/01/2011 and therefore the conditional discharge must therefore be spent?

I assume this was a Basic Disclosure that you requested yourself?

The wording is a little misleading. The disclosure will automatically include ALL conviction details held on the PNC whether spent or unspent. The disclaimer above advises that the word 'conviction' is defined in accordance with RoOA 1974 and that depending whether in England Scotland or Wales, different rehabilitation periods may apply. An employer cannot refuse employment due to a spent conviction.

As a Basic Disclosure is provided by Disclosure Scotland (even if the applicant lives elsewhere in the UK) the disclaimer is there to advise that although a spent conviction may be listed its relevance to an employer may be different depending on the jurisdiction and the relevant rehabilitation period for that country.

What does not change is that all convictions whether spent or unspent will always appear on a Basic disclosure, Standard or Enhanced.

From Disclosure Scotland:-

You can apply for a basic disclosure for any purpose. However the contents of a basic disclosure certificate may differ depending on whether the application for the certificate is processed under the legislation that applies in England and Wales or under the legislation that applies in Scotland. A basic disclosure certificate either contains information about every conviction of an applicant or states that there is no such conviction. Conviction takes its meaning from the Rehabilitation of Offenders Act 1974, but it does not include any spent conviction. The Rehabilitation of Offenders Act 1974 sets out rehabilitation periods after which convictions may become spent; different rehabilitation periods apply in England and Wales and in Scotland.

Rehabilitation periods should be determined with reference to the law of the jurisdiction to which the inquiry relates. For example if you are applying for a basic disclosure in connection with an application to work in England or Wales then the question is probably being asked under the laws of England & Wales. It is for you and your prospective employer (in cases where the question is being asked for employment purposes) to identify the applicable governing law. Disclosure Scotland expects that the applicable governing law will normally be the same jurisdiction in which the applicant lives. If this is not the case then the individual should tell us otherwise.

Also have a look at https://www.gov.uk/disclosure-barring-service-check/overview

What I find confusing is that it states that the listing does not include any spent convictions, but it does list a conditional discharge for 2 years and disqualification relating to animals for 5 years. The convition date was 17/01/2011 and therefore the conditional discharge must therefore be spent?

Your conviction is NOT spent : your rehabilitation period is 5 years from 17/01/2011, (due to the disqualification), and runs until Jan 2016.

From:

http://www.nacro.org.uk/data/files/nacro-2007021302-65.pdf

"Disqualifications

The rehabilitation period for a disqualification is the length of the disqualification. If a person is disqualified at the same time as receiving another penalty, such as a fine, the longer rehabilitation period applies.

For example

If a motorist is banned from driving for seven years and fined – which takes five years to become spent – the rehabilitation period would be seven years, not five years"