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Will my conviction for a motoring offence show up on a criminal record check?

March 6, 2018 by in category News with 87 and 2
Home > News > News > Will my conviction for a motoring offence show up on a criminal record check?
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One of the primary concerns for clients facing conviction of a motoring offence is whether that conviction could have a negative impact on current or future employability. Some motoring offences such as drink driving also have a “taboo” attached to them and concerns often centre on whether potential employers could be notified of the conviction via a criminal record check. Whether a conviction will be revealed by a criminal record check depends on a number of factors such as whether an offence is recordable or non-recordable or whether you were convicted of a combination of offences at the same time.

Recordable Offences

A recordable offence is one for which the police are required to keep a record on the police national computer system (or PNC). It is these offences that will be revealed by a criminal record check. They cover a range of criminal offences and different imprisonable and non-imprisonable offences, for example the driving offence of taxi touting is a non-imprisonable offence but it will still show on the PNC. Generally, if the offence could result in imprisonment, it will be classed as a recordable offence.

A list of specific recordable offences can be found here.

Examples of recordable driving offences include driving with excess alcohol (drink driving) and failing to provide a specimen.

Non-recordable Offences

The police do not have the power to take or retain the DNA or fingerprints of an individual arrested for an offence which is non-recordable.

Examples of non-recordable driving offences include careless driving and driving without insurance. A non-recordable offence is one that doesn’t carry risk of a custodial sentence.

Note: Driving with no insurance will become recordable if you are convicted of a recordable offence alongside this offence.

What does this mean?

If you are convicted of a non-recordable offence it is unlikely to be recorded on the police national computer unless the conviction is alongside a recordable offence.

What does ‘spent’ mean?

Once a conviction has been ‘spent’ it means it no longer needs to be declared. The amount of time it takes for a conviction to be spent depends on the sentence imposed, not the offence itself. For most motoring offences, the offence will become spent after 5 years but for any sentence where custody was imposed, this will be extended to a minimum of 7 years depending on the length of the sentence.

SentenceAdult (18+) when convictedYouth (aged under 18) when convicted
Custodial over 4 yearsNever – will always be disclosedNever – will always be disclosed
Custodial more than 30 months and less than (or equal to) 4 yearsSentence (including licence period) + 7 YearsSentence (including licence period) + 42 months
Custodial more than 6 months and less than (or equal to) 30 monthsSentence (including licence period) + 4 YearsSentence (including licence period) + 2 years
Custodial less than (or equal to) 6 monthsSentence (including licence period) + 2 YearsSentence (including licence period) + 18 months
Service detentionSentence + 1 yearSentence + 6 months
Dismissal from Her Majesty’s Service1 year from conviction6 months from conviction
Community order or youth rehabilitation order1 year from the last day on which the order has effect6 months from the last day on which the order has effect
Fine1 Year from conviction6 months from conviction
Compensation orderOnce paid in fullOnce paid in full
Relevant order includes hospital order, conditional discharge order, bind overs, care order, supervision order, reception orderEnd date given by the order or if no date, 2 years from convictionEnd date given by the order or if no date, 2 years from conviction
Absolute dischargeSpent ImmediatelySpent Immediately
Driving endorsements5 years from conviction30 months from conviction
DisqualificationEnd of disqualificationEnd of disqualification
Simple caution, youth cautionSpent ImmediatelySpent Immediately
Conditional cautions, youth condition caution3 months or when caution ends3 months or when caution ends

Some occupations require all convictions to be declared whether they are spent or not. The following are examples of the activities requiring full disclosure:

  • Working with children or people in a vulnerable position;
  • Healthcare professionals;
  • Law enforcement and the legal system;
  • Firearms licences; and
  • Taxi licences.

Filtering

Some offences are eligible for “filtering” from a DBS certificate so they may no longer have to be declared.

The process of filtering applies to most driving offences which are serious enough to be shown on a DBS check. Filtering means that after a certain period, and depending on how old the person was when the conviction was received, the conviction drops off the record and there is no longer a requirement for it to be declared. This filtering process doesn’t apply to the most serious offences, for example causing death by dangerous driving.

If you were over the age of 18 at the time of the offence, a conviction will automatically be removed from a DBS certificate if 11 years have elapsed since the date of the conviction, it is your only offence and it didn’t result in a custodial sentence.

If you were under the age of 18 at the time of the offence, the same rules as above will apply. However, the elapsed time period is 5 and a half years.

If you are concerned about a criminal record, then it might be that your only option to avoid this consequence is to defend the prosecution you face. You may think you have no defence but when we strip back the facts of an arrest we are often able to identify lawful defence issues and these combined with our, often unique, defence strategies could see the case against you dismissed.

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87 Comments

  • Daniel McTier
    on January 25, 2020 Reply

    Convicted of drink driving 15 years ago and 5 years ago would these convictions show up on a DBS check? Please advise

    • Jeanette Miller
      on January 27, 2020 Reply

      Dear Daniel,

      Whether or not a conviction will appear on your criminal check is dependent on whether you apply for a basic disclosure check, or an enhanced check.

      Standard DBS check

      A conviction for a drink driving offence will appear on your record. However, it becomes ‘spent’ after 5 years from the date of your conviction. Your first offence became ‘spent’ 5 years from the date of your conviction (about 10 years ago). If you were convicted of your second drink drive offence 5 years ago, depending on the exact date of your conviction, it is either now considered spent, or will soon become spent.

      Therefore, your first conviction will not be shown on a basic DBS check and the second conviction is dependent on the exact date of your conviction. When all of your convictions are ‘spent’, the disclosure will come back blank and show no record of your drink drive convictions.

      Enhanced Criminal Check

      Both of your convictions, would appear on the Enhanced Criminal check and their details would be disclosed on the certificate.

      Thanks
      Jeanette Miller

  • Dean
    on January 30, 2020 Reply

    Hi will a 30 year old drink driving offence come up on a dbs check?
    Thanks

    • Jeanette Miller
      on July 10, 2020 Reply

      Dear Dean,

      Thank you for your enquiry.

      As the drink driving conviction (DR10) is over 30 years old it will be considered spent. A spent conviction will not show up on a basic DBS check but it should still appear on a standard or enhanced DBS check. However, given the age of the conviction, it may have been filtered. Generally, if you were over the age of 18 at the time of the offence, a conviction will automatically be removed from a DBS certificate if it is your only offence, it didn’t result in a custodial sentence and 11 years have elapsed since the date of the conviction.

      Depending on the type of work you may be applying for, you may or may not have to disclose any spent or unspent convictions in any event.

      The Geoffrey Miller Team

  • Paul Fletcher
    on January 31, 2020 Reply

    Dear Sir or Madam ,
    Hi I’m Paul , upon reading your article this evening I was wondering if you could advise me please , I have 2 drink drive convictions 1st 1998 ,(22 years ago ) for which I received a 2 year ban and a fine . 2nd 2002 (18 years ago ) 3 year ban and a fine . I thought they would be spent by now , but upon applying for a Painting and Decorating position at the NHS and getting my standard DBS certificate in the mail today , they have both shown up on my certificate . Needless to say I am shocked and had to go into a meeting with the recruiting manager to explain why I’d filled in the form stating that I didn’t have any convictions etc . I would be ever so grateful for any advice you could give as I’m very upset and worried that I will lose this particular job as I honestly didn’t think for a moment that this would show on a DBS report .
    Kindest Regards
    Paul Fletcher

    • Jeanette Miller
      on February 3, 2020 Reply

      Hi Paul,

      Convictions that are more than 5 years old should not show on a standard check as these are spent convictions. For some professions such as in the medical and teaching profession, enhanced DBS checks will be conducted and your convictions, even when spent, will be revealed on this.

      When you meet with the recruiting manager they should understand the difference between spent and unspent convictions.

      We hope this helps.

      Thanks
      Jeanette Miller

  • Aleksandra
    on February 6, 2020 Reply

    Hello .
    I’ve been convinced of fail to stop after a road accident.
    I went to court and had to pay fine and got penalties points .
    I’m want apply to work in prison .
    Is this going to show on my records?

    • Jeanette Miller
      on February 6, 2020 Reply

      Hi Aleksandra,

      Unfortunately this offence will show on a criminal record check.

      The Geoffrey Miller Team

  • Simon
    on February 11, 2020 Reply

    Hi

    I have recently received a d10 ban for 12 months and was wondering would this show up on a basic DBS check? I have had no other convictions before and am in my 40’s,

    Thanks

    • Jeanette Miller
      on February 11, 2020 Reply

      Yes, this will show up on a standard check for a period of 5 years.

      The Geoffrey Miller Team

  • Charlie
    on February 11, 2020 Reply

    Hi.
    After reading this article I was wondering if driving with no insurance will show up on an enhanced DBS check?

    • Jeanette Miller
      on February 20, 2020 Reply

      Dear Charlie,

      Thank you for your enquiry.

      An enhanced DBS check shows the same information as a standard check but with additional information held by local police that is considered relevant to the role. An enhanced DBS check will also show arrest details for non-recordable offences and, matters where the police issue No Further Action or acquittals. The standard check will show any spent and unspent convictions, cautions, reprimands and final warnings.

      Recordable offences are offences that can carry a custodial sentence. Non-recordable offences do not carry custodial sentences. Usually non-recordable offences will not appear on DBS checks, however there are exceptions to this rule.

      If you have been convicted of a recordable offence (an offence that carries the possibility of imprisonment) at the same time as the conviction for driving without insurance, then this will be revealed in an enhanced check. If you were only convicted for driving without insurance, then this will be classed as a non-recordable offence and will not show on the Police National Database.

      We hope this helps.

      Geoffrey Miller Solicitors

  • Mark
    on February 15, 2020 Reply

    Hello I had a DR10 in 2003 I got a ban of 18months and fined £300, I’m hoping to apply to work as a bus driver, will my conviction still show on as dbs. It’s my one and only conviction.

    Thanks Mark

    • Jeanette Miller
      on February 19, 2020 Reply

      If you were over the age of 18 at the time of the offence, a conviction will automatically be removed from a DBS certificate if 11 years have elapsed since the date of the conviction, it is your only offence and it didn’t result in a custodial sentence.

      Geoffrey Miller Solicitors

  • Frosty
    on February 17, 2020 Reply

    Hello, my brother was recently stopped while driving a 50cc motorbike, he had no valid licence (he was 15), no insurance and no tax. When prosecuted, will these offences show up on an enhanced DBS check?

    Many thanks

    • Jeanette Miller
      on February 19, 2020 Reply

      It is difficult to answer your query as your brother is yet to be sentenced. However, as he was under the age of 18 at the time of the offence, a conviction will automatically be removed from a DBS certificate if 5 and a half years have elapsed since the date of the conviction, it is your only offence and it didn’t result in a custodial sentence. (Your brother is not at risk of custody based on the offences he was stopped for)

      Geoffrey Miller Solicitors

  • Sarah
    on February 21, 2020 Reply

    Hi
    My partner had a speeding ticket about 45 in a 40, got a fine we paid promptly and accepted 3 points. However due to an oversight forgot to send of the license. Will now have to go to court and very likely get a conviction. Will this show up on DBS?

    • Jeanette Miller
      on February 27, 2020 Reply

      Dear Sarah,

      Thank you for your enquiry. Speeding fixed penalties do not show up on a DBS check. However, if your partner is convicted at court then this will be shown on a DBS check.

      After 5 years his offence will become spent and will not show on a Basic DBS Check but will on an Enhanced DBS Check.

      We hope this helps.

      Thanks

      Geoffrey Miller Solicitors

  • Raja
    on February 27, 2020 Reply

    Hi,
    I was given a fine of £230 and 4 points for failing to provide a specimen at roadside around the end of October 2018. Could you please confirm after how long will the conviction become spent? Thank you

    • Jeanette Miller
      on March 6, 2020 Reply

      Hi Raja

      The rehabilitation period is the length of time before a caution or conviction becomes spent. This is determined by the type and length of sentence imposed by the Court. Where the Court imposes more than one sentence or penalty for the offence, the longest rehabilitation period determines when the conviction may become spent.

      So, if the Court imposes a fine (rehabilitation period 1 year) and penalty points which is an endorsement on your licence (rehabilitation period 5 years); the rehabilitation period for this conviction will be 5 years because the endorsement carries the longest rehabilitation period.

      Thanks

      Geoffrey Miller Solicitors

  • Ro
    on February 28, 2020 Reply

    I lost my license in February 2007 for dangerous driving, did unpaid work and was banned for 1 year. I want to be a School Governor. It looks like this will not appear on an enhanced DBS check – am I correct?

    • Jeanette Miller
      on March 5, 2020 Reply

      Hi,
      You are correct. If you were over the age of 18 at the time of your offence, the conviction will be automatically removed from a DBS certificate if 11 years have passed since the date of conviction. As you were given a community sentence and 13 years have passed, this applies to you.
      Your conviction should not appear on an enhanced DBS provided that you have had no other convictions.

      A Chief Police Officer may include details relating to an otherwise filtered conviction, caution, warning or reprimand on an enhanced disclosure if they consider, having regard to all the circumstances, that the filtered disposal is relevant and that it ought to be disclosed. A filtered disposal may also continue to be considered by the DBS for the purposes of making a barring decision.

      Kind regards,

      Geoffrey Miller Solicitors

  • David
    on February 28, 2020 Reply

    Hi
    I received a DR10 drink driving conviction in 1986. 12 month ban and fine. No custodial sentence. This is my only criminal offence. I was 23 at the time.
    Would this show on an Enhanced DBS for a position exempt under Rehabilitation of Offenders Act 34 years later ?
    Thanks

    • Jeanette Miller
      on March 5, 2020 Reply

      As the offence was more than 11 years ago it is eligible for filtering and will not show on an Enhanced DBS.

      Thanks

      Geoffrey Miller Solicitors

  • Sarah
    on March 2, 2020 Reply

    Hi, I’m in my 40s no previous convictions. I had two speeding fines which I stupidly didn’t pay and ended up with a 6 month ban. Would this show on an enhanced dbs please?

    • Jeanette Miller
      on July 10, 2020 Reply

      Hi Sarah,

      Speeding is a non-recordable offence and as long as this is the only offence you were charged with, it will not show on a DBS, standard or enhanced.

      Thanks,

      The Geoffrey Miller Team

  • Sarah
    on March 4, 2020 Reply

    Good morning, could you assist me at all? I had two speeding tickets on the same day (not significantly over the limit) for which I recieved fines. Stupidly, due to circumstances at the time, I didnt/couldn’t pay them and ended up with a 6 month ban. I have no other offences. Is this likely to show on a DBS please. Thank you in advance for any advice you can offer, the online information is so confusing. Thank you. Sarah

    • Jeanette Miller
      on March 5, 2020 Reply

      Speeding is not a recordable offence and so this will not show on a DBS unless the conviction is alongside a recordable offence.

      Thanks

      Geoffrey Miller Solicitors

  • Anonymous
    on March 5, 2020 Reply

    Hi, I was convicted for failure to identify the driver of my vehicle. I was given 6 points and a fine. I understand that this is a non-recordable offense according to your article however would this appear on my DBS record – (Basic or enhanced). Also, would this be held in the Police National Database and when will the conviction considered ‘spent’?

    • Jeanette Miller
      on March 6, 2020 Reply

      Hi,

      A failure to provide driver details offence is a non-recordable offence and therefore will not show on a DBS check, standard or enhanced.

      As your conviction is a non-recordable offence it will not be stored on the Police National Database. However, the information may still be stored at your local police station. If the police believe the information of a conviction to be relevant, they may disclose the information on an enhanced DBS.

      Your points will remain on your driver’s licence 4 years from the date of offence. Points imposed by a court for a road traffic offence are treated as a sentence under the Rehabilitation of Offenders Act and become spent after 5 years (or two and half years where you are under 18 at the time of the conviction). Every endorsement has a minimum 5 year rehabilitation period. This is even the case for endorsements that only remain on your driving licence for 4 years. (This is why insurers ask about the 5 year period. )The length of the endorsement is irrelevant.

      Thanks

      Geoffrey Miller Solicitors

  • Adam
    on March 10, 2020 Reply

    Hello, are you sure the rehabilitation periods stated in this page are correct as they appear to differ from the ones stated on https://www.gov.uk/guidance/rehabilitation-periods

    (for example the fine on this page says 5 years, gov.uk says 1)

    • Jeanette Miller
      on July 8, 2020 Reply

      Hi,

      Thank you Adam. Our website now reflects the current rehabilitation periods.

      The Geoffrey Miller Team

  • DAN
    on March 15, 2020 Reply

    Hi, I was given a fine and points for IN10 and LC10 in 2007. This was my only ever offence and i was 22 at the time. Will these be shown on a DBS check?

    • Jeanette Miller
      on July 10, 2020 Reply

      Dear Dan,

      Both of the above offences are non-recordable. This means they will not show on a DBS check unless you also committed a recordable offence (e.g. Drink Driving) at the same time.

      Assuming these were your only offences, they will not be shown on a DBS check.

      Regards,

      The Geoffrey Miller Team

  • Helen
    on March 26, 2020 Reply

    I was convicted of driving without insurance will that show up on either a basic or enhanced disclosure?

    • Jeanette Miller
      on July 1, 2020 Reply

      Hi,

      As driving without insurance is not a recordable offence it is unlikely that it will show up on a DBS check.

      However, there are exceptions to this. If you have been convicted of a recordable offence at the same time as the conviction for driving without insurance, then this will be revealed in an enhanced check. If you were only convicted for driving without insurance, then this will be classed as a non-recordable offence and will not show on the Police National Database.

      Thanks,
      Geoffrey Miller Solicitors.

  • M Ali
    on April 10, 2020 Reply

    Hey I was wondering if my conviction would show up on DBS check for driving without due care i received a fine

    • Jeanette Miller
      on April 14, 2020 Reply

      Hello,



      Driving without due care and attention is a non-recordable offence. This means that as long as you did not commit this offence alongside any other recordable offence (e.g. drink driving) then it will not show on a DBS check. 


      We hope this helps,


      Geoffrey Miller Solicitors. 


  • Khan
    on April 14, 2020 Reply

    Hello I’ve been stopped by police driving without insurance they issued me a ticket had to pay £300 and 6 points on my license I wasn’t taken to the police station I want to join sia security would this affect my DBS they do on my application also I wasn’t taken to court as I took the 6 points and paid the fine pls let me know thank you very much

    • Jeanette Miller
      on April 14, 2020 Reply

      Hello,

      Driving without insurance is a non-recordable offence and since you paid your fine and did not have to go to court it is very unlikely your offence will be held on the police national data system.

      Driving without insurance only becomes a recordable offence when committed alongside another recordable offence (e.g. driving with excess alcohol). As long as your only offence was driving without insurance, it will not show on any DBS check.

      Thanks

      Geoffrey Miller Solicitors

  • Matthew
    on April 16, 2020 Reply

    There are 2 issues i am up against, wondering if you could help please. I received a notice to attend court because I failed to give information on who the driver of the car was.Well, I was the driver on the day in question but I forgot to send back the form partly because I was self isolating . All I managed to do was to pay the fine online.

    Second one is ,exceeding the speed limit .

    My question is will these show on my Enhanced Dbs in the future and am I to declare them as previous offences.

    Thanks

    • Jeanette Miller
      on April 21, 2020 Reply

      Hello,
       
      First of all, if the speeding allegation relates to the same incident with which they are alleging that you failed to provide driver details for. It is wrong in law to convict you for both unless you have since provided details that you were the driver. They cannot punish you for failing to tell them who was driving at the time of the speeding offence and also pursue you for the speeding offence itself. We therefore recommend that you speak to a member of our team for further advice on how to deal with the court paperwork. 
       
      Secondly, failure to provide driver details is not a recordable offence. This means it will not show on a DBS check, standard or enhanced.
       
      However, the incident may still be recorded at your local police station and if they see relevant they may disclose this offence on an enhanced DBS. The Police would have to consider whether the information of the conviction is relevant before doing so.
       
      We hope this helps.

      The Geoffrey Miller Team

  • B B
    on April 18, 2020 Reply

    I was arrested for drink driving and given 1 year disqualification and reduced to 9 months after rehabilitation. No other offences committed. Would this appear on my enhanced dbs after disqualification served new driving licence applied for? I work in social care.

    • Jeanette Miller
      on July 1, 2020 Reply

      Hi,

      Drink driving is a recordable offence, this means it will show on the police national computer and it is these offences which show on a DBS.

      However, when a conviction is spent it no longer needs to be declared. The amount of time it takes for an offence to be ‘spent’ depends on the possible sentence not the offence itself and in the case of drink driving this will be 5 years from date of conviction.

      Although, some occupations require for all offences to be declared whether they are spent or not. Therefore, an enhanced DBS would show your offence.

      The Geoffrey Miller Team

  • Hayley
    on April 18, 2020 Reply

    Hello,
    I was hoping you could help as unclear. I lost my licence in 2010 due to drink driving which resulted in a year ban and fine.
    As I was 18+ and haven’t elapsed since will it no longer so up on an enhanced DBS after 11 years? (so next year)
    Thanks x

    • Jeanette Miller
      on July 2, 2020 Reply

      Hi Hayley,

      Thank you for your enquiry.

      As you were over 18 at the time of the offence, a drink driving conviction will automatically be removed from a DBS certificate 11 years after the date of conviction, including from an enhanced search so long as this is your only previous criminal conviction.

      The Geoffrey Miller Team

  • James Lynch
    on May 13, 2020 Reply

    Hi

    Is there a way to get the drink driving details removed from your DBS if you were acquitted by a court? Is there a law firm that specialises in this?

    Thanks,

    • Jeanette Miller
      on June 17, 2020 Reply

      Dear James,

      It is difficult to offer accurate advice about your query and you would need to contact a solicitor who specialises in this area.

      On an Enhanced DBS check the Police can include any additional information held on local police records that is reasonably considered relevant to the job in question. If you wish to dispute any information on your DBS certificate, you can ask the Disclosure and Barring Service to carry out a review of your certificate. This will be passed to the relevant police force to reconsider. You can find out more information about this on the gov.uk website.

      Geoffrey Miller Solicitors

  • BLAKE
    on May 15, 2020 Reply

    Hello

    I really hope you can help me.

    My wife was just pulled over for doing 53mph in a 30 zone. The police officer informed her that she may receive a court summons.

    Assuming that she does receive the court summons, and assuming that she pleads guilty, would the subsequent conviction show up on any sort of DBS check (whether basic, standard or enhanced)?

    Furthermore, my wife is a solicitor. Is there any obligation to inform the SRA, or her current employer? The online guidance on this point is quite unclear.

    Many thanks for your help.

    Kind regards

    Blake

    • Jeanette Miller
      on July 2, 2020 Reply

      Hi Blake,

      Thank you for your enquiry.

      A speeding conviction following an appearance at court will not show up on any form of DBS check unless there is a conviction alongside a recordable offence (generally an offence which carries a prison sentence).

      Although the above would not necessarily appear on a criminal background check, it would still be counted as a criminal conviction following an appearance at court. As the SRA guidance is unclear, we would advise your wife to contact the SRA Ethics support line for guidance as to updating the SRA and to review her contact of employment as to whether she would need to inform her employer.

      The Geoffrey Miller Team

  • Jawad
    on May 17, 2020 Reply

    Firstly thank you for such a detailed article.
    I need urgent advice please, was stopped in June19 for IN10, received ticket and was let go but car was impounded obviously. Didn’t paid the fine in time(being an idiot) so matter was sent to court & I pleaded guilty online for which got 6points and a fine adding court fees etc. Fine is almost ended just last installment is left to pay.
    I am about to apply for Indefinite leave to remain in UK, as mentioned above it’s a non recordable offence so do I need to declare it to home office?
    Any urgent advice would be highly appreciated.
    KR,
    Jawad

    • Jeanette Miller
      on July 1, 2020 Reply

      We suggest you contact immigration specialists for advice on this question.

      The Geoffrey Miller Team

  • Harold
    on May 17, 2020 Reply

    Hello, I really need your help.

    I have recently been offered a new job with a firm and I’m completing a DBS question pack.

    I was subject to a ‘totting up’ ban for 6 months which ended in April 2020.

    Would this be on a DBS check? And is it spent?

    • Jeanette Miller
      on July 10, 2020 Reply

      Dear Harold,

      Thank you for your query. Where a person has received 12 or more penalty points on their driving licence and subsequently totted up, this would not appear on a DBS check. However, this is contingent on the driving offences being non-recordable offences such as speeding or driving a motor vehicle without insurance.

      We hope the above assists you.

      The Geoffrey Miller Team

  • Arshad Mahmood
    on May 22, 2020 Reply

    Hello sir
    I have a obstructing an officer Vosa and driving without correct licence requirements I got a fine of 1500 pounds if I pay it off will it come off the disclosure or will it stay on This was in 2017 I was convicted in my absence

    • Jeanette Miller
      on July 1, 2020 Reply

      Dear Arshad

      We recommend that you make a subject access request by following this link https://www.acro.police.uk/Subject-access. This will allow you to see what offences appear on the Police National Computer. If the offences are recorded on there and you were only given a fine, then they will be considered spent as more than a year has passed since your conviction. This means they should not show on a basic CRB check but will show on a standard or enhanced CRB. The offences may be filtered after 11 years.

      The Geoffrey Miller Team

  • Anonymous
    on May 28, 2020 Reply

    If i have held a full driving licence since 2015 and an A2 licence since Feb 2020 and i am convicted of driving without insurance (with 6 penalty points imposed) on the A2 motorbike, do i have my full licence revoked or just the A2 part? In other words am i a subject to probation period on the A2 part of the licence?

    • Jeanette Miller
      on July 1, 2020 Reply

      Hi,

      It is only your full driver’s licence to which the 2 year probation period applies. When you pass the A2 test it becomes an addition on your driver’s licence and you are entitled to drive that category vehicle from the date shown. However, it is the date you became a fully qualified driver (passing your full licence) that matters.

      The points will go onto your licence as normal and your licence will not be revoked as you have been driving for over 2 years. This is as long as they are the only points on your licence.

      We hope this helps.

      The Geoffrey Miller Team

  • Charlie
    on May 28, 2020 Reply

    Hi I was arrested for driving Without a licence as I had a revoked licence under medical grounds and for careless driving in 2016, I had to go to court and was given points and a fine. Will this show up on an enhanced dbs check? I am over 18. Thanks

    • Jeanette Miller
      on July 1, 2020 Reply

      Hi,
      Careless driving is a non-recordable offence and therefore would not show on a standard DBS check. However, your local police station may have a record of this offence and may choose to disclose it on an enhanced DBS if they view the details of the offence to be relevant. The careless driving may also show on any DBS check if it was committed at the same time as committing another recordable offence.

      Driving whilst having your licence revoked is the offence of driving otherwise than in accordance with a valid licence. This is also not a recordable offence. Again, the police may have a record of it and may disclose it if they feel it is relevant.

      Your points will remain on your driver’s licence 4 years from the date of offence. Points and fines imposed by a court for a road traffic offence are treated as a sentence under the Rehabilitation of Offenders Act and become spent after 5 years.

      The Geoffrey Miller Team

  • John L
    on May 29, 2020 Reply

    I was stopped by the police in Sept 2016 for driving without insurance and issued with a fine and caution and 6 points on my licence which I was told would be on there for 4 years (but 5 for the sake of insurance etc.).
    Will the offence show on an enhanced DBS & do I have to declare it on a job application where it mentions the job being exempt from the provisions of the Rehabilitation of Offenders Act 1974
    Thanks

    • Jeanette Miller
      on July 1, 2020 Reply

      Hi,

      Driving without insurance is a non-recordable offence and so it will not show on your DBS check, or an enhanced DBS check. This is as long as it was the only offence pursued against you.

      Because the offence of driving without insurance is non-recordable it is unlikely to be held on the police national database. However, due to the job you are applying for, your local police station may wish to disclose details of this offence on an enhanced DBS but only if they think it is relevant.

      The Geoffrey Miller Team

  • Marta
    on June 1, 2020 Reply

    Hi, I have a drink driving conviction, driving with no licence and no insurance from February 2009 (the conviction resulted in 1 year driving ban and £180 fine). According to what I understand is that this should have been removed from my enhanced DBS as 11 passed, is this correct? I have recently applied for my first staff nurse position and received my DBS certificate today listing all my convictions from 2009, why do they still appear on my enhanced DBS? And, if they shouldn’t be there, how can I challenge this? Thank you.

    • Jeanette Miller
      on June 18, 2020 Reply

      Hi,
      Your offence will only filter after 11 years have passed if it is the only conviction you have had. As driving with no insurance and licence were committed at the same time as your drink driving conviction they are also recordable. This means you have more than one conviction on your record.

      Due to this your offence does not filter. It is spent after 5 years but this will still show on an enhanced DBS. Due to the fact that you are applying to be a healthcare professional, your offence would likely show on a regular DBS too as this comes under the types of jobs which require all convictions to be declared whether spent or not.

      The Geoffrey Miller Team

  • Lamine
    on June 4, 2020 Reply

    Hi, I am 19 years old and I was driving my own car with provisional licence and no insurance as well, is this a criminal record? What’s going to happen?

    • Jeanette Miller
      on July 10, 2020 Reply

      Dear Lamine,

      Thank you for your query. The two offences you have committed, namely driving a motor vehicle not in accordance with your licence and no insurance, are criminal offences and will be sentenced together if they were committed on the same occasion. Therefore, the Court would likely endorse your driving licence with either 6-8 penalty points or a discretionary disqualification from driving. You will also be sentenced to a fine.

      The offences are non-recordable and therefore will not be recorded on the Police National Computer. The endorsements on your licence will be considered spent after 5 years.

      We hope the above assists you.

      The Geoffrey Miller Team

  • AMRAS
    on June 10, 2020 Reply

    Hello, I was caught for driving a rental car without a valid license (international license expired 6 months ago) which i wasnt aware of, the rental company validated my documents and gave me the car, but i didn’t know it was expired.

    What will be the consequences to this? I have a provisional driving license.

    • Jeanette Miller
      on June 16, 2020 Reply

      Hi,
      Driving without a valid licence carries a penalty of between 3-6 penalty points and a fine of up to £1000. For more information, this page on our website could be helpful ‘driving licence offences‘.

      The Geoffrey Miller Team

  • simon richard
    on June 10, 2020 Reply

    Hi,

    was with a ?GF at around 10 pm in my car and got scared when I saw a police car moving driving towards my car and drove a bit fast trying to get away for 2 mins and stopped at a residential car park. Police car came chasing me and found me there and told me off. he said I could have caused an accident and he does not want to see me again in that area doing anything like that.
    No drugs, no alcohol.
    He did not make me sign anything. he did not give me any paperwork. I did not have to go to court. I did not have to pay any fine.
    Need your help in finding out if this will show on enhanced DBS check

    Thank you

    • Jeanette Miller
      on June 16, 2020 Reply

      Hi,
      From your query it does not sound as though you have been convicted of an offence. Therefore, nothing will show on an enhanced DBS check about this incident.

      The Geoffrey Miller Team

  • Daniel
    on June 16, 2020 Reply

    I had a D10 in 2012 will this be filtered out under current guidelines

    • Jeanette Miller
      on June 16, 2020 Reply

      Hi,
      Yes, assuming you were more than 18 years old at the time of the drink driving conviction, it will be filtered after 11 years.

      The Geoffrey Miller Team

  • Daniel
    on June 16, 2020 Reply

    Yes I was 18 at the time of the D10 so it will not be filtered until 2023 as the conviction was in March 2012?
    I am being asked to complete a DBS for for work and there is a section that says

    Do you have any convictions, cautions, reprimands or final warnings which would not be filtered in line with current guidance
    And I am unsure weather I need to put yes or no

    • Jeanette Miller
      on June 17, 2020 Reply

      So it seems they are asking if you have any convictions that will never be filtered. You can answer no to this.

      The Geoffrey Miller Team

  • Liam
    on June 17, 2020 Reply

    Hello.

    I allegedly hit a car in a car park. I did stop and get out but the owner was not around so I continued on my journey. The owner came around to my house the next day and I gave the owner all my details and 3 days later informed my insurer that there was an incident (although did not make a claim). Could I be charged with failure to report an accident or anything else? Is a criminal record a possibility? There were scratches and dents to one panel of the other car and a few scratches on mine. In my opinion nothing serious. No one hurt no serious damage (anything hanging off, unsafe etc).

    • Jeanette Miller
      on June 18, 2020 Reply

      Hi,
      Based on what you describe, you have committed the offence of failing to stop and report an accident. However, unless the police have been informed by the other driver (unlikely if they tracked you down and got your insurance information) you are unlikely to be prosecuted or receive a criminal record. This page on our website outlines more information about the offence Failing To Stop or Failing To Report An Accident.

      The Geoffrey Miller Team

  • Simon Richard
    on June 18, 2020 Reply

    Hello,
    Thank you for you kind reply for my query,
    still worried about few things
    Does the fact that I sped away from police when I saw them coming towards me and drove for 2 mins especially with police in blue lights behind me before stopping not make it appear on enhanced DBS?
    (did not hit any car, neither injured anyone or myself)
    also, two officers were in the car, one of them wrote something in his notes for some time but did not give anything written to me or ask me to sign it.
    the other officer took a photo of my DL.
    he warned me although nothing written was given
    worried whether all these will appear on DBS,
    thank you

    • Jeanette Miller
      on July 1, 2020 Reply

      Hi Simon,

      Sorry for the delay in responding. It sounds as though the police will follow this up with some form of prosecution. Until we know what offence(s) they intend to pursue it is difficult to advise you further. We suggest you get in touch when you receive something by post.

      The Geoffrey Miller Team

  • Z cahill
    on June 18, 2020 Reply

    My daughter has been stopped for suspected drug driving. They took a sample and we are waiting now to see what happens. They didnt take her car or licence. Told her it’s pending.
    She then got stopped again 2 days later. Took her to station and took a sample, but then released her and took her back to her car!
    Will this show on a DBS?

    • Jeanette Miller
      on June 18, 2020 Reply

      Hi,
      We specialise in representing people facing drug driving prosecutions. Depending on the quantity and timing of drugs she consumed, your daughter will likely hear from the police with a court date within the next 6 months in relation to each matter. If she pleads guilty to both charges, these will show on a DBS. Why not take advantage of our free triage service and call a member of our legal team to discuss the options available in more detail?

      The Geoffrey Miller Team

  • Charles
    on June 24, 2020 Reply

    Hi, I was convicted of a drink-driving offence on 5th August 2009. It is my only ever criminal conviction, and didn’t result in a custodial sentence (I got £500 fine plus 18-month ban). Could you confirm that from 5th August 2020 I will not have to declare this, even on an enhanced DBS check, due to the filtering process? (I have not had to declare on basic disclosure checks since 2014.) Thanks, v useful article.

    • Jeanette Miller
      on July 10, 2020 Reply

      Dear Greg,

      Unfortunately, we are unable to offer advice on matters outside of England and Wales.

      Kind regards,

      Geoffrey Miller Solicitors

  • Charles
    on June 24, 2020 Reply

    P.S. I live in Scotland, don’t know if that makes a difference

  • Linda
    on June 29, 2020 Reply

    Hi,

    I received a Tt99 in November 2015.

    Is it correct this would show on an enhanced DBS?

    • Jeanette Miller
      on July 10, 2020 Reply

      Hi Linda,

      Providing the offences that lead to you totting up are non-recordable offences (such as speeding), they should not appear on an enhanced DBS check.

      Although records of minor motoring offences will not be stored on the national police database, they may be stored at your local police station. Enhanced DBS checks can contain this information. However, this can only be disclosed by the police if they see it to be relevant to the job you are applying for.

      Regards,

      The Geoffrey Miller Team

  • Jay
    on June 30, 2020 Reply

    Hi, I’ve been caught drink driving dr10 3 times and ended up going to prison for 4 months and a 3 year driving ban. Date of conviction was 31/01/2012. I have been clean since as we speak and have clean licence with 0 points.
    Will this show up on the standard DBS check

    • Jeanette Miller
      on July 10, 2020 Reply

      Dear Jay,

      Thank you for your enquiry. The drink driving offences are recordable and will appear on the Police National Computer. The offences will now be considered “spent” as more than 5 years has passed since your conviction. Therefore, your convictions will not show on a basic DBS check. However, both standard and enhanced DBS checks contain information regarding both spent and unspent convictions.

      Therefore, your convictions will appear on a standard DBS check.

      As your offences resulted in a custodial sentence, they will not be eligible for the filtering process and will remain on any enhanced or standard DBS checks.

      Kind regards

      Geoffrey Miller Solicitors

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