#Employment : CRB CHECK LIKELY PROBLEM

[sam2109]

Hi ppl, i have a problem that's been making me crazy for a long-time now. basically i had used a family members freedom pass for one day and unfortunately was caught using it by the British transport police. i had my fingerprints,pic, DNA done etc and had an tape interview. I had said that i didn't know and it was a mistake. I was told that i have two options which were to accept a caution or face court. I told the officers that i wont accept any of them because it was an accident.

I was later given bail, and after a couple of weeks was told that the case is closed, and they had given me all my belonging that they had back. the thing is i never accepted the caution nor was i taken to court or was convicted. I'm applying for a volunteering job at a nursing home and was wondering what are the likely outcomes of my CRB check that i have had done.

Thanks

[dx100uk]

none

it will not show

 

dx

[sam2109]

none

it will not show

 

dx

 

so why is my crb taking 6 weeks now. BTW they told me they would caution me if i accept the crime, but i totally refused, and then gave me bail. I was called a 2 weeks later by the officer that arrested me , telling me that the case has been dropped. will the police station put the information of the case in the crb results or will they not highlight it at all. thanks v much

[RachelMD]

Is it a basic or an enhanced CRB check?

[Sidewinder]

I would imagine that this position such as this will require an Enhanced CRB, rather than a standard disclosure. This is the reason why it is taking longer to process. A standard CRB will only list events recorded on the Police National Computer, and for that, your arrest would not show, however for an ECRB, the search includes local Police databases, and if considered relevant to the position you have applied for, then it will be disclosed.

 

There is then, no way of telling at this stage whether the arrest will be reported as this will be entirely down to the Chief of Police in that area to decide. Even so, this shouldn't necessarily rule you out of the job.

[sam2109]

I would imagine that this position such as this will require an Enhanced CRB, rather than a standard disclosure. This is the reason why it is taking longer to process. A standard CRB will only list events recorded on the Police National Computer, and for that, your arrest would not show, however for an ECRB, the search includes local Police databases, and if considered relevant to the position you have applied for, then it will be disclosed.

 

There is then, no way of telling at this stage whether the arrest will be reported as this will be entirely down to the Chief of Police in that area to decide. Even so, this shouldn't necessarily rule you out of the job.

 

but what is most likely to happen in my case. if i have not been charged or cautioned would they still input info about the case. on there website it was that enhanced crb takes 6 weeks usually

[RachelMD]

Only one way to find out!

The worst that can happen is that you don't get the job.

[Sidewinder]

but what is most likely to happen in my case. if i have not been charged or cautioned would they still input info about the case. on there website it was that enhanced crb takes 6 weeks usually

 

Toss a coin. It does not matter that you were not cautioned or charged - an ECRB can disclose information regarding arrests, investigations which you never even knew were taking place (for example if your vehicle was seen acting suspiciously, hearsay and details of any investigation which was not pursued IF it is considered relevant. The rules all changed after the Soham murders, when it was discovered that Ian Huntley would never have been allowed near children if the details held by local forces about previous suspicions had been disclosed.

 

Some would tell you that the Police are inclined to cover themselves and disclose everything that they hold and leave the responsibility of whether it is relevant to the body that requires the information. Others will tell you that they have even had convictions which didn't show on a CRB, so it is impossible to say.

 

I know that this will worry you until you get the results, but if it is any comfort at all, I think that a case of suspected fare-dodging would be most unlikely to affect the job prospects even if it was disclosed. If they called it fraud then that might be a different matter, but again, it would depend on the anticipated level of involvement with vulnerable people.

[Atlas01]

Personally i wouldn;t bother, if the police thought there was any merit they would have proceeded with the case, the dangle of the caution is often used so they get their boxes ticked and stats up, they care not if your guilty or not for low level stuff of this nature.

 

From what you have written the worst is the police could by way of ecrb say they were investigating you for this and closed the case meaning the current position is they do not have sufficient evidence to take the charge forward as therefore closed it, your in the middle of not guilty and innocent but i'd be very surprised to see them bother with this type of detail at all.

 

It's down to you whether you tell any employer of this, personally i would not bother and if it came up then i'd explain that i chose not to because i didn't realise i had to tell them about resolved issues with no charges because as far as you were concerned that meant your innocence was proven. (that's not quite exact in law but your not a lawyer )

[Former Rail Cop]

More than likely the police would have bailed you to obtain a "Charging Decision" from the Crown Prosecution Service, and they advised not to charge with the offence. The arrest would be recorded on the Police National Computer, but also the outcome which appears to be "insufficient evidence to secure a conviction".

 

While this would not affect a Standard Disclosure, it would be considered in enhanced CRB checks where there is an impact on National Security or Vulnerable people.

 

Whether it will eventually affect the job, is down to the vetting officer. The answer is, wait and see!