UPDATE: DBS filtering changes From 28th November 2020
From 28th November 2020, warnings, reprimands and youth cautions will now not be automatically disclosed on a DBS certificate. The multiple conviction rule has also been removed. Before 28th November 2020, filtering applied to single convictions for non-violent and non-sexual offences that were not subject to a custodial sentence. For adults, after 11 years, these offences would be filtered. For youths (under 18 at time of offence) these convictions would be filtered after five and a half years. Previously, individuals with more than one relevant conviction would not be subject to filtering and the convictions would automatically be disclosed on DBS checks.
This table includes the up-to-date changes. ‘Specified offences’ usually are serious or sexual in nature, or relevant for safeguarding children and vulnerable adults.
| Conviction/Caution | Age of applicant when convicted/caution issued | Time elapsed since conviction/caution issued | Conditions for filtering |
|---|---|---|---|
| Conviction | 18 or above | 11 years | Filtered unless imposed for a ‘specified offence’ or a custodial sentence was imposed |
| Conviction | Below 18 | 5.5 years | Filtered unless imposed for a ‘specified offence’ or a custodial sentence was imposed |
| Caution | 18 or above | 6 years | Filtered unless issued for a ‘specified offence’ |
| Caution | Below 18 | N/A – always filtered | N/A – always filtered |
How this may impact you
If an individual has more than one conviction, each will now be considered individually, rather than being automatically disclosed. This is regardless of the offence or time that has passed since the conviction. For example, a drink drive conviction will still filter after 11 years, even if the individual has another recordable conviction such as a second drink drive conviction.
Employers can still ask about spent criminal convictions but the filtering amendments provide that when applying for certain jobs and activities, certain convictions and cautions are considered ‘protected’. This means that they do not need to be disclosed to employers, and if they are disclosed, employers cannot take them into account. Where a Standard or Enhanced DBS check can legally be requested, an employer can only ask an individual about convictions and cautions that are not protected i.e. should be disclosed to employers.
PNC records relating to protected cautions and convictions will not automatically appear on the certificate. For Enhanced DBS checks only, the local police force may consider that a caution or conviction is relevant to the role the individual is performing, even if filtered.
Driving offences that will never be filtered from a DBS even under new rules:
- Causing death by reckless or dangerous driving
- Causing death by reckless or dangerous driving
- Causing death by dangerous driving
- Causing serious bodily harm by dangerous driving
- Causing death by careless or inconsiderate driving
- Causing serious bodily harm by careless or inconsiderate driving
- Causing death by careless driving when under the influence of drink or drugs
- Causing death by driving whilst unlicensed, disqualified or uninsured (Road Traffic Act 1985, s3(b))
- Causing death by dangerous driving
- Causing death by careless driving when under the influence of drink or drugs
- Causing death by driving whilst unlicensed, disqualified or uninsured (Road Traffic Act 1988, s3ZB)
- Causing bodily harm by furious driving
- Injuring persons by furious driving
- Furious driving
End of UPDATE: DBS filtering changes From 28th November 2020
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.
| Sentence | Adult (18+) when convicted | Youth (aged under 18) when convicted |
|---|---|---|
| Custodial over 4 years | Never – will always be disclosed | Never – will always be disclosed |
| Custodial more than 30 months and less than (or equal to) 4 years | Sentence (including licence period) + 7 Years | Sentence (including licence period) + 42 months |
| Custodial more than 6 months and less than (or equal to) 30 months | Sentence (including licence period) + 4 Years | Sentence (including licence period) + 2 years |
| Custodial less than (or equal to) 6 months | Sentence (including licence period) + 2 Years | Sentence (including licence period) + 18 months |
| Service detention | Sentence + 1 year | Sentence + 6 months |
| Dismissal from Her Majesty’s Service | 1 year from conviction | 6 months from conviction |
| Community order or youth rehabilitation order | 1 year from the last day on which the order has effect | 6 months from the last day on which the order has effect |
| Fine | 1 Year from conviction | 6 months from conviction |
| Compensation order | Once paid in full | Once paid in full |
| Relevant order includes hospital order, conditional discharge order, bind overs, care order, supervision order, reception order | End date given by the order or if no date, 2 years from conviction | End date given by the order or if no date, 2 years from conviction |
| Absolute discharge | Spent Immediately | Spent Immediately |
| Driving endorsements | 5 years from conviction | 30 months from conviction |
| Disqualification | End of disqualification | End of disqualification |
| Simple caution, youth caution | Spent Immediately | Spent Immediately |
| Conditional cautions, youth condition caution | 3 months or when caution ends | 3 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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407 Comments
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Daniel McTier
on January 25, 2020Convicted of drink driving 15 years ago and 5 years ago would these convictions show up on a DBS check? Please advise
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Jeanette Miller
on January 27, 2020Dear 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, 2020Hi will a 30 year old drink driving offence come up on a dbs check?
Thanks -
Jeanette Miller
on July 10, 2020Dear 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
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Paul Fletcher
on January 31, 2020Dear 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, 2020Hi 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, 2020Hello .
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, 2020Hi Aleksandra,
Unfortunately this offence will show on a criminal record check.
The Geoffrey Miller Team
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Iris Harrison-Price
on February 6, 2020Hi.
I have 3 points on my driving licence for travelling at 36mph in a 30mph area. Please would you tell me if I need to declare this as a conviction on my dbs form?
Thank you.
Aris Harrison-Price -
Jeanette Miller
on July 13, 2020Dear Aris,
Thank you for your enquiry.
As speeding is not a recordable offence, it will not appear on a DBS check. However, if you are asked if you have any criminal convictions, you must declare it, if it is unspent. As it is not clear from your question when the points were endorsed, please bear in mind that licence endorsements are considered spent after 5 years.
Kind regards
Geoffrey Miller Solicitors
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Simon
on February 11, 2020Hi
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
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Jeanette Miller
on February 11, 2020Yes, this will show up on a standard check for a period of 5 years.
The Geoffrey Miller Team
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Charlie
on February 11, 2020Hi.
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, 2020Dear 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
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Mark
on February 15, 2020Hello 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
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Jeanette Miller
on February 19, 2020If 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
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Frosty
on February 17, 2020Hello, 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
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Jeanette Miller
on February 19, 2020It 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
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Sarah
on February 21, 2020Hi
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, 2020Dear 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
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Raja
on February 27, 2020Hi,
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, 2020Hi 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
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Ro
on February 28, 2020I 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?
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Jeanette Miller
on March 5, 2020Hi,
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
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David
on February 28, 2020Hi
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, 2020As 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
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Sarah
on March 2, 2020Hi, 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?
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Jeanette Miller
on July 10, 2020Hi 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
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Sarah
on March 4, 2020Good 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
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Jeanette Miller
on March 5, 2020Speeding 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
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Anonymous
on March 5, 2020Hi, 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’?
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Jeanette Miller
on March 6, 2020Hi,
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
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Adam
on March 10, 2020Hello, 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)
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Jeanette Miller
on July 8, 2020Hi,
Thank you Adam. Our website now reflects the current rehabilitation periods.
The Geoffrey Miller Team
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DAN
on March 15, 2020Hi, 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?
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Jeanette Miller
on July 10, 2020Dear 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
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Helen
on March 26, 2020I was convicted of driving without insurance will that show up on either a basic or enhanced disclosure?
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Jeanette Miller
on July 1, 2020Hi,
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, 2020Hey I was wondering if my conviction would show up on DBS check for driving without due care i received a fine
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Jeanette Miller
on April 14, 2020Hello,
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.
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Khan
on April 14, 2020Hello 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
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Jeanette Miller
on April 14, 2020Hello,
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
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Matthew
on April 16, 2020There 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
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Jeanette Miller
on April 21, 2020Hello,
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
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B B
on April 18, 2020I 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.
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Jeanette Miller
on July 1, 2020Hi,
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
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Hayley
on April 18, 2020Hello,
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, 2020Hi 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
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James Lynch
on May 13, 2020Hi
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,
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Jeanette Miller
on June 17, 2020Dear 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
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BLAKE
on May 15, 2020Hello
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
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Jeanette Miller
on July 2, 2020Hi 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
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Jawad
on May 17, 2020Firstly 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, 2020We suggest you contact immigration specialists for advice on this question.
The Geoffrey Miller Team
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Harold
on May 17, 2020Hello, 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?
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Jeanette Miller
on July 10, 2020Dear 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
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Arshad Mahmood
on May 22, 2020Hello 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, 2020Dear 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
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Anonymous
on May 28, 2020If 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?
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Jeanette Miller
on July 1, 2020Hi,
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
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Charlie
on May 28, 2020Hi 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
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Jeanette Miller
on July 1, 2020Hi,
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
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John L
on May 29, 2020I 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, 2020Hi,
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
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Marta
on June 1, 2020Hi, 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.
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Jeanette Miller
on June 18, 2020Hi,
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
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Lamine
on June 4, 2020Hi, 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?
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Jeanette Miller
on July 10, 2020Dear 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
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AMRAS
on June 10, 2020Hello, 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.
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Jeanette Miller
on June 16, 2020Hi,
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
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simon richard
on June 10, 2020Hi,
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 checkThank you
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Jeanette Miller
on June 16, 2020Hi,
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
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Daniel
on June 16, 2020I had a D10 in 2012 will this be filtered out under current guidelines
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Jeanette Miller
on June 16, 2020Hi,
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
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Daniel
on June 16, 2020Yes 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 saysDo 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, 2020So 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
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Liam
on June 17, 2020Hello.
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).
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Jeanette Miller
on June 18, 2020Hi,
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
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Simon Richard
on June 18, 2020Hello,
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, 2020Hi 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
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Z cahill
on June 18, 2020My 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, 2020Hi,
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
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Charles
on June 24, 2020Hi, 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.
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Jeanette Miller
on July 10, 2020Dear Greg,
Unfortunately, we are unable to offer advice on matters outside of England and Wales.
Kind regards,
Geoffrey Miller Solicitors
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Charles
on June 24, 2020P.S. I live in Scotland, don’t know if that makes a difference
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Linda
on June 29, 2020Hi,
I received a Tt99 in November 2015.
Is it correct this would show on an enhanced DBS?
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Jeanette Miller
on July 10, 2020Hi 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
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Jay
on June 30, 2020Hi, 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, 2020Dear 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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Gemma
on July 8, 2020Hi there I having a driving over the. Prescribed alcohol limit conviction form 2009. I was over 18 and it is my only offence so as it is 11years ago now would it be filtered off an enhanced dbs? all the work I do requires them as I work in schools. Thanks Gemma
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motoroffence
on September 7, 2020Hi Gemma,
Your offence will automatically be filtered from your criminal record once 11 years has passed since the date of conviction. Once it has been exactly 11 years your conviction will no longer show on any enhanced DBS checks.
Kind regards,
Geoffrey Miller Solicitors -
Deborah Kay
on July 9, 2020I had 2 convictions from 2007 which are “driving alone on provisional licence- fined £50” and “driving without care and attention- Fined £150 and 4 penalty points”.
They no longer appear on enhanced check. Do I still need to declare them? -
motoroffence
on September 7, 2020Dear Deborah,
As your convictions are non-recordable and the sentence period has spent, you are not required to declare your offences.
We hope this helps.
Kind regards,
Geoffrey Miller Solicitors -
Natalie
on July 10, 2020Hi,
I’v been Charged with driving with no insurance and a license not in accordance with the law. .I am applying for a role to work with children. Will this show up on my enhanced dbs ? -
Jeanette Miller
on July 22, 2020Good afternoon,
Thank you for your query, we can confirm that a conviction for driving otherwise than in accordance with a licence and driving without insurance are non-recordable offences. As such, they do not appear on a DBS check or create a criminal record.
We hope the above assists.
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Winter
on July 11, 2020Hi I got caught driving without insurance in 2018. In10 and nothing else, no drink nothing or nothing. The officers at the time didn’t issue me a fine or nothing but took the car and told me to appeal the decision if I wanted. Me being me I left it and a few weeks later I received a letter from court that I got 8 points and a fine which I paid off straight away. Would this incident restrict me from joining the police force as a police staff as I know they have a strict vetting procedure?
Thanks -
Jeanette Miller
on July 13, 2020Thank you for your question.
A conviction for driving without insurance is a non-recordable offence. In essence this means that although you have a criminal conviction it is not recorded in the national police records and the conviction will become spent after 5 years. However, you would still have to declare it to the police when applying for a job, whether it is spent or not. The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 provides that the Act shall not apply to the police service. Police forces are therefore entitled to ask prospective applicants to reveal spent convictions (including driving offences) during the recruitment or vetting process. You can find more information on the Gov.uk website here.
The police will usually take into account factors such as your age at the time of the offence, the time that has passed since the offence took place and the circumstances of the offence.
We hope the above information assists you.
The Geoffrey Miller Team
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Mandy
on July 17, 2020My son got pulled over and issued a caution for possessing cannabis. He didn’t receive any paperwork for it Will this show up on a enhanced dbs ?
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Jeanette Miller
on July 22, 2020Dear Mandy,
Standard and enhanced DBS checks contain details of all spent and unspent convictions and cautions.
The only exception to this is when the caution has been filtered (i.e. automatically removed from the DBS after a specific period of time)
A caution will be filtered, and therefore will not appear on an enhanced DBS, if:
The person was under 18 at the time they received the caution and two years have passed since the date of the caution
The person was over 18 at the time they received the caution and 6 years have passed since the date of the caution.Therefore, it all depends on when your son received the caution, how old he was and how much time has lapsed since. Please also note that enhanced DBS checks can also contain information held at your local police station, which the police may disclose if they see it to be relevant.
We hope this helps.
Geoffrey Miller Solicitors.
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Usman
on July 18, 2020Hello,
I was caught by police while driving without insurance, L plates and full licence 3 months ago. I have provisional license. Police send me single justice procedure notice and I plea guilty. I am waiting for decision from the court. My question is will my conviction appear on criminal record? Is it a recordable offence?
Thank you -
Jeanette Miller
on July 22, 2020Dear Usman
Driving without insurance and not in accordance with a licence, are non-recordable offences. This means they will not appear on any DBS check. The only exception to this is an enhanced DBS check may contain information stored at your local police station. However, the Police can only disclose this if they feel it is relevant.
We hope this helps,
Geoffrey Miller Solicitors.
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Usman
on July 18, 2020Hello,
I would like to know is the driving without full licence and insurance is a recordable offence? Means will it appear on criminal record if deal through single justice procedure notice in magistrate Court. -
Jeanette Miller
on July 22, 2020Hi Usman,
Thank you for your enquiry.
Driving otherwise than in accordance with a licence and driving without insurance are criminal offences, but they are not recordable offences, and therefore would not appear on a criminal record check.
Kind Regards
Geoffrey Miller Solicitors
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Usman
on July 22, 2020Hi,
Thank you so much for reply.
Much Appreciated. Just need to know one more thing if I am disqualified based on receiving 6 or more penalty points on my provisional licence at Magistrate court. Will it appear on my criminal record or police record? As I am looking for my Tier 2 visa extension next year.
Kind regards -
Jeanette Miller
on July 22, 2020Dear Usman
The offences will result in a criminal conviction and so if you are asked if you have any criminal convictions you will have to declare them. However, they should not create a criminal/police record.
Kind regards
Geoffrey Miller Solicitors
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Sanjeev Chopra
on July 23, 2020Hi.
On 22 July 2020. I have fixed penanlty £100 fine and 3 points on my driving licence for travelling at 49mph in a 30mph area. Please would you tell me if I need to declare this as a conviction on my dbs form? Or it will show in my DBS. Also i got already 01 conviction with 02 counts showing in my DBS , after 11 years. Thank you.
Thank you.
Aris Harrison-Price -
motoroffence
on September 7, 2020Dear Sanjeev,
Your speeding offence will not appear on your DBS check as it is not a recordable offence.
Kind regards,
The Geoffrey Miller Team -
Lalalaa
on August 1, 2020Hi, I’ve received a charge for not paying on the tram and failing to pay a standard fare. Will this show on an Enhanced DBS? Thanks 😊
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Jeanette Miller
on August 3, 2020Thank you for your enquiry.
Failure to pay for a tram ticket will not show up on either a basic or enhanced DBS as it is not a recordable offence.
Kind Regards
Geoffrey Miller Solicitors
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Bryan linch
on August 4, 2020Hi. I was convicted of DR10 in 2005 aged 18. I got 12 month ban and fine. Can i ask if this will show up on a enhanced DBS check. Only conviction.
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Jeanette Miller
on August 5, 2020Dear Bryan,
As 15 years have passed since your conviction, you did not receive a custodial sentence and you have not committed any other offences, this offence will not show up on an enhanced DBS check.
This is because your offence was eligible for filtering in 2016 and will have been removed automatically from your criminal record.
The only way a filtered offence can show up on an enhanced DBS check is if a Chief Police Officer decides it to be relevant to the position being applied for.
We hope this helps,
The Geoffrey Miller Team
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ADAM
on August 6, 2020Hi,
I received SJP notice for driving without licence and insurance. Will I receive disqualification from Court and will it appear on criminal record?
Thanks -
Jeanette Miller
on August 7, 2020Hi Adam,
The offence of driving without a licence carries 3-6 penalty points depending on the nature of the offence, and driving without insurance carries 6-8 penalty points. If committed at the same time, you will likely receive between 6-8 points for them both. However, the court may consider a disqualification for the offences depending on any aggravating factors. You can also receive a fine (means tested) of up to £1000, rising to up to an unlimited fine if you are also convicted of having no insurance.
As both of the offences are non-recordable offences, they will not appear on a DBS check, unless they have not been committed alongside a recordable offence (e.g. drink driving). Nevertheless, if you are asked if you have any criminal convictions, you must declare them, if they are unspent. Licence endorsements are considered spent after 5 years.
Although these offences would not appear on a criminal background check, it would still be considered a criminal conviction.
We hope this helps.
The Geoffrey Miller Team
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Ola
on August 11, 2020Hi, am planning to relocate to Australia as nurse, I will need police clearance certificate but my question are 1, am facing a driving ban for speeding doing 84 on a 40mph ristricted road. The road used to be 70mph. I have six points on my license already and 2 I failed a road a breath test and taken to custody but pass the breath test and release as I was within legal limits of alchohol.
My questions are will the Impending driving ban and been taking to custody for breath test which I was within legal limits show on my police clearance certificate? -
Jeanette Miller
on August 12, 2020Hi Ola
The Court can impose a discretionary ban for the speed recorded, usually between 7-56 days or 6 penalty points.
As you passed the breath test and your reading was below the legal drink drive limit, you did not commit any offence or crime. Therefore, this should not be disclosed on any police clearance certificate.
Both of these incidents should not appear on your police clearance certificate.
We wish you luck with your move to Australia. If you require any assistance with the speeding matter and avoiding a disqualification from driving, please contact our office on 0161 274 5580.
Kind Regards,
The Geoffrey Miller Team
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Stewart watt
on August 18, 2020Hi does driving without tax and mot appear on enhanced dbs?
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Jeanette Miller
on August 19, 2020Dear Stewart,
Driving without tax and MOT is not a recordable offence and therefore details of the offence will not show on the Police National Computer.
For that reason, your offences will not appear on any DBS check, standard or enhanced.
We hope this helps,
The Geoffrey Miller Team. -
Gary Cooper
on August 25, 2020I received a driving ban in 2005. I was ordered to take an extended retest. I don’t want to drive a car again. I now have a motorbike. I’ve recently applied for job that requires a Basic Check. As I’ve not taken/past the extended retest, the conviction is showing as unspent. This means I won’t get the job. But the conviction, according to DBS, will never be spent, until I take the retest (which I won’t as I don’t want to drive a car again)). This seems at odds with the 1974 Act as I’m being penalised forever. Is this correct?
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Jeanette Miller
on August 28, 2020Dear Gary,
Thank you for your enquiry.
Having considered the Rehabilitation of Offenders’ Act 1974 and the Road Traffic Offenders’ Act 1988, both indicate that until you have completed the extended driving test, the disqualification will remain in place. The disqualification will cease to have effect once the extended driving test has been passed, as ordered by the court.
Following the disqualification and upon obtaining your provisional licence for the motorcycle, dependant on the date and method, the DVLA should have been notified using the D1 form that you were applying for the provisional licence for a motorcycle following a period of disqualification. If you have not obtained a full motorcycle licence, you are able to take the extended driving test with a motorcycle, and when completed and passed, the disqualification will then cease to have effect.
Unfortunately, it appears the conviction will not be considered spent until the disqualification period has ceased.
We hope this helps,
The Geoffrey Miller Team -
Ronald Speakmans
on September 1, 2020Hi,
I received a recent conviction for drink driving Aug 2020 and was wondering if this shows up on a Basic Disclosure check. My only other offence was unrelated to driving and was in July 2015 and I already know this wasn’t recorded on basic check as I requested it
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motoroffence
on September 1, 2020Dear Ronald,
Your recent drink driving conviction will show on a Basic Disclosure Check. This is because a Basic DBS check shows all unspent convictions.
Your offence will be spent after a period of 5 years and will not then appear on a Basic DBS check. However, it will still show on a standard and enhanced DBS check for a period of at least 11 years.
Kind regards,
The Geoffrey Miller Team -
Terry
on September 3, 2020in 2003 I convicted of IN10 UT50 LC20.
Will these still show on either basic or advanced dbs checks.Thanks
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motoroffence
on September 7, 2020Dear Terry,
Thank you for your question.
Firstly, our answer would depend on whether these offences were committed all at the same time or not.
If all 3 offences are entirely separate and occurred on separate occasions, then the offence of driving uninsured (IN10) and otherwise in accordance with a licence (LC20) will not show on a basic, standard or enhanced DBS check. This is because the offences are non-recordable.
The offence of aggravated taking of a vehicle (UT50) is a recordable offence and therefore would appear on all three DBS checks to begin with. It would then be spent after a period of 5 years and would be eligible for filtering after a period of 11 years if it was your only offence.
However, if all 3 offences were committed during the same incident then all three offences would be recorded on your criminal record. This is because when a non-recordable offence is committed at the same time as a recordable offence, that offence too becomes recordable.
Both standard and enhanced DBS checks include spent convictions, and therefore your offences would show on your DBS check.
As the filtering process only applies if you have only committed one single offence and presuming all three offences (N10, LC20 and UT50) were committed together, your offences are not eligible for filtering and will show up on any standard or enhanced DBS checks.
Thank you,
The Geoffrey Miller Team -
Mark
on September 7, 2020I have two DR10 convictions. Court dates were Aug 2009 And March 2013 just fines and bans received. Will the first conviction be removed because 11 yrs have passed? I am now 42 yrs old. I’m a bit confused regards your statement in other messages about it been only single one-time offence are removed after 11yrs?
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motoroffence
on September 7, 2020Hi Mark,
For your offence to be eligible to be filtered after 11 years it needs to be the only offence on your record. Unfortunately, as you have received two drink driving convictions your offences will not be eligible for filtering and will remain on any enhanced DBS checks indefinitely.
As your offences are over 5 years old they are now spent and so will not appear on a basic DBS check.
Please note there are planned changes to this system which will allow for multiple offences to be filtered after a specified time, the government have recognised there are flaws in the current system. However, these changes have not yet come into force and so for now your offences will appear on any standard or enhanced DBS checks.
Kind regards,
The Geoffrey Miller Team -
Lorraine porter
on September 12, 2020Hi my son is 32 he was given a 1 year ban and on his paper work is said DG10 & CD 10
He has served his ban , paid his court fine & now back on the road , he has applied to do P.G.C.E at the university to qualify as a Teacher, will it show on his DBS , he was on antidepressants at the time & took to many , I can ask the GP to confirm this via a letter , so u think this will help if it should show on his DBS as I’m worried he may not be able to continue on the 9 month course .
Thank u so much . -
Jeanette Miller
on September 15, 2020Dear Lorraine,
Thank you for your question.
Unfortunately, a driving or attempting to drive with a drug level above the specified limit (DG10) charge is a recordable offence. This means it will appear on your son’s DBS checks.
Your son’s offence would become spent after a period of 5 years and would then not show on a basic DBS check. However, due to the position your son would be applying for, they are likely to complete enhanced DBS checks which show both spent and unspent convictions.
As your son’s charge of driving without due care and attention (non-recordable offence) was committed at the same time as the DG10 offence (recordable offence), it is recordable and this will also show on his record.
The current law states that offences can be filtered after 11 years if it is the only offence a person has and is not on an excluded list. Your son’s DG10 offence would be eligible for filtering, however he is classed as having two convictions due to the CD10 offence. This means the current law does not apply to your son and his offence will continue to show on his DBS check even after 11 years.
However, you should note that the law is currently going through the process of being changed. If passed, the law will allow for multiple offences to be filtered off a person’s record and not just the one.
We would recommend your son speak to his support team at University to see what he should do about his course.
Kind regards,
Geoffrey Miller Solicitors -
Darek
on September 16, 2020Hi,
In 2012 have accident, failed to stop, I was without insurance, failed to report accident.
I got fine.
I know this is on my dbs but just wondering is this ever disappear from it????
Thanks
Darek -
Jeanette Miller
on September 17, 2020Dear Darek,
Your offences, failure to stop and failure to report an accident are both recordable due to both offences having been committed at the same time. As your offence of driving without insurance was committed at the same time as other recordable offences, this offence is also recordable. This means you have 3 convictions on your record but these are now spent, meaning you no longer need to declare these.
The three offences are not automatically disclosed under the new rules and they will be filtered after 11 years. This means that the offences will not appear on your record in 2023, after 11 years have passed since the date of these offences, and therefore will not appear on any DBS check after this time.
I hope this assists,
The Geoffrey Miller Team -
Adam
on September 21, 2020Hi, I was arrested for drink driving as I failed the roadside breath test. I then took a blood test at the police station and my blood alcohol level came back at below the limit and no charges were brought. 1. Would this be documented on the PNC.? 2. Would this appear on any DBS certificate? Thanks.
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Jeanette Miller
on September 23, 2020Dear Adam,
As you were not charged or convicted of this offence, it would not be recorded on the Police National Computer and therefore would not show on any DBS check.
We hope this helps.
Kind regards,
Geoffrey Miller Solicitors -
Mohammed Ahmed
on September 27, 2020Hi
I received an in10 conviction for an offence that was committed when I was under 18 with no other offence with committed alongside this. When will this be cleared from my enhanced DBS?
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Jeanette Miller
on September 28, 2020Hi Mohammed,
The offence of driving with no insurance, in your circumstances, will be classed as a non-recordable offence as it was not committed alongside a recordable offence. It is unlikely that this will appear on the Police National Database.
If you are subject to an enhanced DBS check, it could appear under the section of “other relevant information disclosed at the Chief Police Officer’s discretion”, should the Chief Police Officer deem it relevant if applying for a particular role.
We hope this assists.
Kind Regards,
Geoffrey Miller Solicitors -
Jen
on October 1, 2020Hi Jeanette
I would be extremely grateful for your help please. My partner was convicted of DD80 over 15 years ago, sentenced to 2 years in prison, served 12 months and banned from driving for approximately 3 years. He was a lorry driver at the time. On release he applied to be able to retake his car driving test prior to the ban ending and this was agreed by the traffic commissioner so long as he passed the retake first time, which he did. When he was able to, he re-took his hgv class 2 and 1 tests and passed. He has been working as a lorry driver again ever since. He wishes to join an agency for work and has to complete a form for a basic check to be carried out. As you can imagine he is very worried the conviction will show up. This was such a long time ago and was truly truly horrendous for all involved. It always haunts us one way or another and always there in the background. From what I have researched, the conviction is spent but because he went to prison it may show up on a dbs check. Please could you advise as it’s all very confusing. Thank you.
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Jeanette Miller
on October 5, 2020Hi Jen,
Given the time that has passed, this offence should not appear on a basic DBS check as it is considered spent. However, this offence will always appear on both a standard and enhanced DBS check, so must be declared, as it cannot be filtered due to the seriousness of the offence.
If your partner wishes to check his record, he is able to apply for a DBS check at https://www.gov.uk/request-copy-criminal-record
We hope this assists.
Kind Regards
The Geoffrey Miller Team -
Oliver Mitchell
on October 7, 2020Hi,
Some one I know lost their license for drink driving for 1 year which has now passed and they have regained the license . Will they still need to declare this on a DBS?Thank You
Olly
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Jeanette Miller
on October 7, 2020Hi Oliver,
A drink driving offence is considered a recordable offence, which is recorded on the police national computer (PNC) and therefore will appear on a DBS check..
When a conviction is considered “spent”, it no longer needs to be declared. The amount of time it takes for a drink drive offence to become “spent” is five years from the date of conviction, and it will need to be declared until it is considered “spent”.
Once considered “spent”, the offence will not show on a basic DBS check. It will continue to appear on a standard and enhanced DBS check. Generally, if the offender was over the age of 18 at the time of the offence, a conviction will automatically be removed from a DBS certificate by filtering if it is the only offence, it didn’t result in a custodial sentence and 11 years have elapsed since the date of the conviction.
However, depending on the type of work that your friend may be applying for, they may or may not have to disclose any spent or unspent convictions in any event.
Kind Regards
The Geoffrey Miller Team -
THOMAZ
on October 13, 2020Hello.
I was involved in a car accident last week. Another driver took a turn to short and drifted into me. We both got out and had damage (paintwork only) to our cars. We exchanged name, phone and registrations. I contacted my insurer and reported the incident and gave them all the drivers details etc. The other driver messaged me and ask for my plate number. Am I legally required to give it to him again? I’d like to block them and have my insurer handle it. We exchanged details at the scene surely legally I am not required to keep responding?
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Jeanette Miller
on October 14, 2020Dear Thomaz,
Thank you for your email enquiry. In terms of your legal responsibilities following the accident, you appear to have fulfilled them. You stopped at the scene and exchanged details with the driver of the other vehicle, equally you have also notified your insurance company of the accident.
In terms of resupplying the information requested, you are not legally obliged to do so, however in the interest of full cooperation it may be advisable that you provide this to the other party. This would avoid any confusion and hopefully resolve the issue.
I hope the above answers your question, should you require any further help please do make contact with us.
Kind regards,
The Geoffrey Miller Team -
Lena
on October 14, 2020Hello
I received a £60 fine for holding a mobile phone whilst driving and a 3 penalty point notice. How long do the points stay on my licence, and is this deemed a criminal offence which could be found by potential employers when carrying out a DBS check?
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Jeanette Miller
on October 15, 2020Hi Lena,
I note from your sentence that this would indicate that the incident occurred pre March 2017. Penalty points are considered active on your licence for a three year period. You can check your driving licence history by visiting: https://www.gov.uk/view-driving-licence and entering your national insurance number, driving licence number and postcode. This will provide you information relating to any penalty points currently endorsed on your licence and any past endorsements on your driving licence history.
As this offence is not a recordable offence, it will not appear on a DBS check. However, this is classed as a criminal offence and if you are asked if you have any criminal convictions, you must declare it, if it is unspent. As it is not clear from your question when the points were endorsed, please bear in mind that licence endorsements are considered spent after 5 years.
We hope this helps.
The Geoffrey Miller Team
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Mohammed Ahmed
on October 16, 2020Reply: My further question is if I ever receive a speeding offence after this, will all of my convictions be on any of my DBS?
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MOHAMMED AHMED on September 27, 2020 Reply
HiI received an in10 conviction for an offence that was committed when I was under 18 with no other offence with committed alongside this. When will this be cleared from my enhanced DBS?
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Jeanette Miller
on October 16, 2020Hi Mohammed,
Further to your additional question, as the offence of no insurance was not recordable it will not appear on any DBS check, unless disclosed by the Chief Police Officer who deems it relevant on an enhanced DBS check. This is very unlikely to happen.
A speeding offence by itself is a non-recordable offence and will not appear on a DBS check unless committed alongside a recordable offence (generally an offence which carries a custodial sentence).
We hope this clarifies your queries.
The Geoffrey Miller Team
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james hart
on October 17, 2020Hi so i was caught driving with no insurance the officer on the yellow receipt wrote the offence code RT88191 will this show up on an enhanced DBS check i am a medical doctor ?
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Jeanette Miller
on October 19, 2020Hi James,
The offence of driving with no insurance, in your circumstances, will be classed as a non-recordable offence as it was not committed alongside a recordable offence. It is unlikely that this will appear on the Police National Database or an Enhanced DBS check unless disclosed by the Chief Police Officer who deems it relevant to disclose. This is very unlikely to happen.
We hopes this helps.
The Geoffrey Miller Team.
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Ani
on October 19, 2020Hi,
If you have a CD10 endorsement on your license and £1200 fine and 5 points, given at court in Dec 2019. (offence happened in Dec 2018).
Does this show up on a standard or enhanced dbs check?
Does this show as a criminal conviction? Therefore it is reportable for applying to certain jobs or when travelling to certain countries?
When does this become spent? Or will it forever be on record? Is it kept on any database?
Thanks for your help.
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Jeanette Miller
on October 20, 2020Hi Ani,
The offence of driving without due care and attention is a non-recordable offence and as such, it will not appear on a standard DBS check. It may be disclosed by the Chief Police Officer who deems it relevant information on an enhanced DBS check as this information may be held by your local police station. This is however, unlikely to happen.
This is classed as a criminal offence and if you are asked if you have any criminal convictions, you must declare it, if it is unspent. Licence endorsements are considered spent after 5 years.
We hope this helps.
The Geoffrey Miller Team
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Ani
on October 20, 2020Thank you so much.
An additional question. Wonder if you can help with.
When the conviction becomes spent in 5 years time. Are you required to answer yes to the question. ( have you ever had a criminal conviction? ) As asked on some North American travel forms. Even though the 5 years has now finished and the conviction is spent?
Thanks again.
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Jeanette Miller
on October 21, 2020Hi Ani,
As the wording of the conviction states ‘have you ever had a conviction’ it appears irrelevant whether your conviction is spent or not. Should you choose to withhold this information when requested, it may appear once the application is investigated and cause further issues down the line.
We would recommend that you contact an immigration solicitor who specialises in this area.
The Geoffrey Miller Team
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Simon Massetti
on November 5, 2020Hi I’m about to have an enhanced DBS check. I have was convicted of a DR10 driving offence in 2006 and got a 16 month ban and a caution for public order in 2006. Will they show up in a standard or enhanced DBS check.
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Jeanette Miller
on November 5, 2020Dear Mr Massetti,
Thank you for your question, we can confirm that an offence of driving a motor vehicle with excess alcohol and a public order offence are recordable offences and would therefore appear on a standard DBS check. However these convictions become spent after 5 years, therefore the convictions you have from 2006 would not appear on a standard DBS check.
In terms of an enhanced DBS check these carry far more detail than the standard DBS check which consist of any information held in relation to a criminal record including spent convictions. As such your convictions from 2006 will appear on an enhanced DBS check.
We hope the above is helpful
The Geoffrey Miller Team
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David Smith
on November 7, 2020Careless driving from dec 18 convicted nov 19
Should this show up on a basic check?Thanks
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Jeanette Miller
on November 9, 2020Hi David,
Thank you for your enquiry.
Driving without due care and attention is a non-recordable offence, which means it will not appear on a basic DBS check.
This is classed as a criminal offence, so if you are asked if you have any criminal convictions, you must declare it if it is unspent. Licence endorsements are considered spent after 5 years.
Kind Regards
Geoffrey Miller Solicitors -
MOHAMMED AHMED
on November 10, 2020I received an in10 conviction for an offence that was committed when I was under 18 with no other offence with committed alongside this.
When will this be eligible for filtering?
And then if I commit a speed offence will this mean both are illegible for filtering?
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Jeanette Miller
on November 13, 2020Hi Mohammed,
Thanks for your additional questions.
As advised previously, the offence of driving without insurance is a non-recordable offence. In essence this means that although you have a criminal conviction it is not recorded on the Police National Computer (PNC). It will not appear on any DBS checks. The conviction will become spent after 30 months (as this is a driving endorsement and you were under 18 at the time).
A speeding offence is too, classed as a non-recordable offence, as long as this is not committed alongside a recordable offence such as drink driving, this will not be recorded on the PNC. However, it will still be classed as a criminal conviction. This will become spent after 5 years, assuming this was committed when you were aged 18 and over.
As your offences are both non-recordable offences and are not recorded on the Police National Computer, the filtering process is not relevant.
We hope this clarifies your queries.
The Geoffrey Miller Team
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Julie
on November 14, 2020Hi there,
I totted up 12 points on my licence for speeding (4 separate offences each resulting in 3 points). I went to court in Feb 2020 with a successful exceptional hardship plea and so I kept my licence but recieved a fine of around £1-200. Would this show up on a record check? If so, would it later be eligible for filtering? -
Jeanette Miller
on November 16, 2020Hi Julie,
Thank you for your enquiry, we can confirm that speeding offences are non-recordable offences and therefore would not be recorded on the Police National Computer. As such, your previous convictions for which you totted up to 12 penalty points, would not appear on a criminal record check.
We trust the above assists.
Kind regards,
Geoffrey Miller Solicitors -
Will
on November 14, 2020Hi there,
I got done for dangerous driving and failing to stop in 2016 and had to pay a compensation order which I haven’t paid. I want to know if I have to pay the order with all convictions to clear on my basic dbs? They should all be spent and not be on my basic dbs but I believe maybe I’m not classed as rehabilitated because I haven’t paid the compensation. Can you advise me further?
Thanks again
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Jeanette Miller
on November 16, 2020Hi Will,
Thank you for your enquiry.
A compensation order does not become spent until it is paid in full. In practice, the DBS will consider a compensation order as paid in full if it was for an amount of less than £100, or it is over six years old. Your compensation order is not yet six years old so unless it was for less than £100, you will be required to pay the order in full.
Dangerous driving and failing to stop will usually become spent after a minimum of 5 years, depending on the nature of the penalty you received, therefore you are still within this time frame to declare these convictions as unspent in any event.
Kind Regards
The Geoffrey Miller Team -
Yasei
on November 17, 2020Hi, I received a £100 fine and 3 points on Code CD20. Will it show on DBS check? Thanks
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Jeanette Miller
on November 17, 2020Hi Yasei,
Thank you for your enquiry.
If you received this penalty by way of a fixed penalty notice, then it will not appear on a basic DBS check. If this penalty was imposed by the Magistrates’ Court then it will appear on your DBS check until it becomes spent after 5 years.
Kind Regards
Geoffrey Miller Solicitors -
Kay Morgons
on November 22, 2020Hi,
My 18 year old daughter was convicted of drug driving this year. She had a trace of MDMA her system. She has now gone to university and hopes to join the armed forces after uni. This was her first conviction.Am I right in thinking that, even for a summer job in a supermarket, she will have to disclose her conviction for the next 5 years if they ask? And would it be a crime if she failed to disclose if asked?
Also, is she likely to be permanently banned from travel to USA, Australia etc.?
Thank you
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Jeanette Miller
on November 23, 2020Dear Kay,
Thank you for your enquiry.
You are correct in that if your daughter is asked about any criminal convictions within 5 years of her conviction, she much disclose it. The offence will be considered spent after 5 years and would not show on a basic DBS check. However, if your daughter is applying for a position within the Armed Forces, they would most likely complete an enhanced DBS check which will show both spent and unspent convictions.
With regards to your second query, we would recommend that you contact an immigration solicitor who specialises in this area.
Kind Regards
The Geoffrey Miller Team -
Terry
on November 23, 2020As I understand your article, a careless driving offence 23 years ago, in which I was fined and had points put on my licence will not appear on an enhanced DBS check for a position as a school volunteer. I also attended 2 speed awareness courses instead of fines/points. The most recent of these was more than 5 years ago. Can you confirm if I am correct and also advise if I need to report any of these when completing the forms. My basic DBS certificate is completely clear. Thank you for your advice.
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Jeanette Miller
on November 25, 2020Dear Terry,
You are correct in that the careless driving offence is classed as a non-recordable offence and will not show on a standard or basic DBS check.
The speeding offences are also classed as non-recordable, and will not appear on a DBS check.
As for your query about disclosing this information, this would depend on the wording within the form.
We hope this helps.
The Geoffrey Miller Team
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Rob
on November 29, 2020Hi,
I’ve been caught speeding while driving alone with provisional licence. The officer told me that this means that my insurance was void at the time of driving. He also told me that probably I’m going to be summoned to the court for a hearing and get sentenced.
Will this cause a criminal record for me?
Thanks,
Rob
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Jeanette Miller
on December 7, 2020Hi Rob,
Thank you for your enquiry.
If the matter is dealt with at the Magistrates’ Court, it will result in a criminal conviction and the convictions will have to be declared, as they are unspent for 5 years.
The offences are non-recordable, meaning that they will not be recorded on the Police National Computer, so they will not appear on a basic DBS check. They may only appear on an enhanced DBS check if the police felt they were relevant to any application.
The Geoffrey Miller Team
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Chloe
on November 30, 2020Hi,
I was banned for drink driving on 5th Jan 1998 and again on 10th Jan 2002, the first one took place in juvenile court as I was 17 when the offence took place (on 16 Aug 1997) the 2nd offence 24 Nov 2001. I have just started a paramedic science degree and been told I may not get my registration because of these offences. Bearing in mind how long ago they were and that I’ve had none since can they not be filtered? And does the fact the first one was tried in juvenile court help my case? I can’t believe that these 2 mistakes I made 2 decades ago could cost me my future career 😫 Thanks in advance. Chloe -
Jeanette Miller
on December 7, 2020Hi Chloe,
For any offence to be eligible for filtering, it needs to be the only offence on your record. Unfortunately, as you have received two drink driving convictions your offences will not be eligible for filtering and will remain on any enhanced DBS checks indefinitely.
As your last offence was committed over 5 years ago, they are now considered spent and will not appear on a basic DBS check.
However, you should note that the law is currently going through the process of being changed. If passed, the law will allow for multiple offences to be filtered off a person’s record and not just the one.
We hope this helps.
The Geoffrey Miller Team
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Nisa
on December 6, 2020Hi,
I have recently applied for an enhanced DBS check and wanted to know if AC10- Failing to stop after an accident which I received 6 points and a fine for from the court would appear on it as well as AC20- Failing to give particulars or report an accident within 24 hours which I didn’t receive ANY points or a fine but is on my licence. Both were given by the court in 2019.
Would either of these be recorded on my Enhanced DBS?
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Jeanette Miller
on December 14, 2020Dear Nisa,
Thank you for your enquiry. Unfortunately, both offences will show on an enhanced DBS check as they are recordable on the Police National Computer.
Kind regards
The Geoffrey Miller Team -
Steve
on December 10, 2020Hi,
I have received a verbal NIP by the police ordering me to court for a charge of speeding at 100mph on a 70mph dual carriageway. I intend to plead guilty and settle for a fine with points. I would like to ask if this will show up in any company background check (I.e a DBS check) and if I will have to declare a criminal conviction. Also, is this SP50 charge usually a ‘red flag’ or grounds for rescinding job offers if the nature of the job (finance) does not involve driving. I will have to undergo a FCA check as well and I would like to ask if enhanced checks will pick this up. It seems like there is conflicting information- on one hand, the DBS website states it picks up on all unspent convictions and cautions but I’ve seen some responses where you mentioned that speeding will not be flagged as it isn’t a recordable offence. Please advice! Thank you so much -
Jeanette Miller
on December 14, 2020Dear Steve,
As a speeding offence is a non-recordable offence, this will not appear on a DBS check. You must, however, declare it if you are asked if you have any criminal convictions. This will be considered spent after 5 years.
Although records of minor motoring offences will not be stored on the Police National Computer, 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.
With regards to your query about a “red flag” and any offer of employment being rescinded, we would advise you speak to an employment solicitor who specialises in this area. We would also advise you query whether the FCA guidance requests any unspent convictions to be disclosed.
We hope this clarifies your queries.
The Geoffrey Miller Team
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Shuel A
on December 11, 2020Hi , I had dr30 in Jan 2012 was given 1 year ban and dr10 in Sept 2013 was further banned but don’t remember how long. Will these show up on a standard dbs check? Or will it affect me getting my provisional bus license thanks
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motoroffence
on December 12, 2020Dear Schul
Thank you for your enquiry.
Given the length of time that has passed since these offences took place, they will have become spent and will not show on a standard DBS check. They may still however show on an enhanced DBS check if the police force feel that the information is relevant for the purpose of the enhanced check being obtained.
In relation to the provisional bus licence query, you can order the forms through the gov.uk website. As the forms are not readily accessible, I cannot specifically advise whether the previous convictions will impact your application. If you are asked to declare only unspent convictions, then you will not need to disclose your conviction history.
Kind Regards
Geoffrey Miller Solicitors
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david williams
on December 18, 2020hello I had a drink driving conviction when I was 18 2009 its been 11 years since that has happened and not been in trouble since for anything would I have a criminal record or would it have cleared by now as looking to move to canada so I hope this doesn’t affect me moving
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Jeanette Miller
on December 19, 2020Hi David,
Thank you for your enquiry.
When a conviction is considered “spent”, it no longer needs to be declared. The amount of time it takes for a drink drive offence to become “spent” is five years from the date of conviction, and it will need to be declared until it is considered “spent”.
Once considered “spent”, the offence will not show on a basic DBS check. It will continue to appear on a standard and enhanced DBS check. Generally, if the offender was over the age of 18 at the time of the offence, a conviction will automatically be removed from a DBS certificate by filtering if it is the only offence, it didn’t result in a custodial sentence and 11 years have elapsed since the date of the conviction.
However, we would recommend that you contact an immigration solicitor who specialises in Visa to discuss any impact.
I hope this assists,
The Geoffrey Miller Team -
Chel
on January 1, 2021Hi my husband recently was pulled over by the police for driving in his own car with a provisional license and as I was no in the car he was technically not insured (void insurance.) he was given a caution, penalty points and a fine. Will this show on his DBS and would he need to inform his work about this?
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Jeanette Miller
on January 2, 2021Hi Chel,
Thank you for your enquiry.
If your husband received an accepted a fixed penalty notice for driving without insurance then this will not show on a DBS check. Whilst a caution can appear on a DBS check, you cannot receive both a caution and a fixed penalty notice.
If the matter was decided by a court, whilst it is then registered as a criminal conviction, it would not appear on a DBS check as it is a non-recordable offence. Your husband should check his contract however, to see if he must disclose any convictions regardless.
Kind Regards
Geoffrey Miller Solicitors -
Einir
on January 2, 2021Hi I went to court in August for been stopped on a mobile phone in my hand . I already had six points on my Liscance for speeding so was taken to court for potential disqualification due to potentially now having 12 points although points would reduce to 9 points in two weeks of been to court . I attended advance driving lessons went to court and won an exceptional hardship Case as I need to drive my daughter and for work and live in rural area . Had six points and fine for £200 pounds . So was not discqualified and points are now back to nine and will be reducing to six points in next three months . Will this appear on my dbs check for work as they need to do a new one to work with adults for social services and should I disclose to work as a conviction . A bit worried as I don’t want to disclose as I can still drive and have had some performance issues going on in work already would really appreciate your advice early this week . Thanks
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Jeanette Miller
on January 4, 2021Hi Einir,
Thank you for your query. As the offences are not considered recordable offences, they will not appear on a DBS check. However, they are classed as criminal convictions, which you must declare when asked if the convictions are unspent. Licence endorsements are considered spent after 5 years.
We hope this helps.
The Geoffrey Miller Team.
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Ivan jones
on January 13, 2021Hi there
I have had 2 DD convictions, one in 2007 and one in 2010.
Will these ever leave me?
Will they always show on an enhanced dbs check?
Does the 11 year rule help me here at all.Many thanks for your help.
Ivan
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motoroffence
on January 14, 2021Dear Ivan
Thank you for your enquiry.
Both of these offences will be filtered (and will not appear on a basic or enhanced DBS check) after 11 years, provided that you did not receive a custodial sentence, even if this was suspended.
Kind Regards
Geoffrey Miller Solicitors
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Sam
on January 13, 2021Hey guys,
I received a DR10 drink drive conviction back in 2012. This is my only conviction which did not result in a prison sentence. I was over the age of 18 when prosecuted.
I work in the medical profession so whenever I apply for a new job I need an enhanced DBS – as I far as I understand, this conviction will be filtered from 2023, 11 years after conviction. Is that correct?Thanks,
Sam. -
Jeanette Miller
on January 14, 2021Dear Sam,
Thank you for your enquiry.
You are correct, the offence of drink driving will be filtered from basic and enhanced DBS checks 11 years after the date of conviction, and if you did not receive a prison or suspended sentence.
Kind Regards
Geoffrey Miller Solicitors -
Adam janing
on January 18, 2021Hi There,
I have a special reasons hearing for drink driving, i know i will get a conviction but if my special reasons hearing is accepted does that change the way it looks on my criminal record check, or will it just show a criminal record without the special hearing approval ?
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Jeanette Miller
on January 20, 2021Dear Adam,
Thank you for your query.
The drink driving conviction will still show on your DBS check and remain unspent for the allotted amount of time. This will not detail specifically that special reasons were put forward and accepted.
The police national computer will detail the sentence that had been imposed, meaning it is likely to be clear that special reasons were found and the court imposed a sentence outside the usual sentencing guidelines.
We hope this assists.
The Geoffrey Miller Team
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Ming Lei
on January 20, 2021Hi. I had a minor collision with a driver -it was REALLY minor. Paint damage only to both cars . Mine cost under £200 to fix just so you have an idea of how minor. (Could of been done myself at home). After the collision the driver said she’d call me to make it right. She then insisted I was to blame and raised a claim for damage and injury (she was not injured). She then gave a independent witness statement (no witness was around) and has had her solicitors coming after my insurer. I have just proved the witness is their friend although they declared themselves independent (their relationship goes back almost a decade). The witness was not there and did not speak to me despite saying so. Can I have the claim dropped and can I also do anything to have there attempted fraud looked into? The witness works for the GLA. Can I make a complaint there? I have pictures of there damage which they don’t know about and I am also certain this will come back different to the damage they are claiming for. I also think the driver might of been on the phone at the time but the insurer said there’s nothing they can do to look into that. What can I do?
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Jeanette Miller
on January 20, 2021Dear Ming,
Thank you for your query. Unfortunately, we are a criminal defence firm and do not specialise in civil matters. We would advise you contact a civil solicitor.
We trust this assists.
The Geoffrey Miller Team
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Asif chaudhry
on January 27, 2021Hello. On your chart it states that if I have done a Custodial more than 6 months and less than (or equal to) 30 monthsSentence (including licence period) it saysbit will come off my basic disclosure after 4 years. Does a suspended sentence have the same affect as a custodial sentence?
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Jeanette Miller
on January 28, 2021Dear Asif,
Suspended custodial sentences are treated the same as custodial sentences for the purpose of DBS checks. Therefore, if you have received a custodial sentence of over 6 months but not exceeding 30 months your suspended custodial sentence will become spent four years from the date the sentence is completed.
I refer you to the government website here which stipulates the rehabilitation periods for convictions, custodial sentences and discharges: https://www.gov.uk/guidance/telling-people-about-your-criminal-record
Kind regards,
The Geoffrey Miller Team -
Ali
on January 29, 2021Hi
I convicted section 127 got 6 weeks suspended imprisonment wholly suspended 12month 10/12/2019 when it will become spent conviction i done community service paid fine probation 12 months lose SIA licence taxi licence when can get back my licence -
Jeanette Miller
on February 3, 2021Dear Ali,
Thank you for your enquiry.
It does not appear the offence you were charged with was a driving matter so I am unable to provide any detailed advice. You are able to obtain a basic DBS check from the Disclosure and Barring Service for £23 by visiting the Gov website. This will highlight any unspent convictions.
With regards to your licence query, as you did not mention if you received a driving disqualification and for what offence, we are unable to advise. You can check your driving licence history online by visiting https://www.gov.uk/view-driving-licence. If the issue relates to a taxi licence query, we are not able to provide advice on that matter.
We trust this assists.
The Geoffrey Miller Team
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David
on February 3, 2021Hi,
This is a very interesting and informative article.
I have been convicted under RTA section 117 using a disabled perons badge whilst the holder not present. I understand this is a non recordable offence, are you able to confirm this? If so would it show on any DBS checks?
Many thanks. -
Jeanette Miller
on February 3, 2021Hi David,
Thank you for your comments and enquiry.
The offence is a non-recordable offence and will not appear on a basic DBS check. It is also unlikely that this will appear on the Police National Database.
If you are subject to an enhanced DBS check, it could appear under the section of “other relevant information disclosed at the Chief Police Officer’s discretion”, should the Chief Police Officer deem it relevant if applying for a particular role.
The offence does constitute a criminal conviction and you must declare this if you are asked. It will be considered spent after 5 years.
We hope this assists.
The Geoffrey Miller Team
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Wendy
on February 24, 2021Hi,
Looking for help, please. Applying for a nursing course where an enhanced check is required. Received a fine and points between 10/11 years ago for driving with no license and no insurance. Will this show on the enhanced check? Never been in any other trouble before or since.
Thanks. -
Jeanette Miller
on February 25, 2021Hi Wendy,
The offences of driving without a valid licence and without insurance are non-recordable offences. This means they will not show on a DBS check, standard or enhanced.
However, 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.
We trust this assists.
The Geoffrey Mille Team.
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Kate
on February 24, 2021In 1996 aged 18 I was given a caution for theft and in 1999 received a fine for shoplifting. Will these offences show up on a enhanced dbs police check.
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Jeanette Miller
on February 25, 2021Hi Kate,
The offence of shoplifting and theft are classed as recordable offences. As you received a non-custodial sentence the conviction will “step down” after a clear period of 12 years from the Police National Computer, and thereafter only to be open to inspection of the police.
If you are subject to an enhanced DBS check, it could appear under the section of “other relevant information disclosed at the Chief Police Officer’s discretion”, should the Chief Police Officer deem it relevant if applying for a particular role.
We trust this assists.
The Geoffrey Miller Team
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Stephen
on March 4, 2021Hi,
I have received a single justice procedure for speeding (100mph on a 70 dual carriageway). I have pled in my mitigating circumstances for points and a fine. In any case, regardless of receiving a fine or a disqualification, will this impact my application for a skilled worker (tier 2) visa? I’m intending to apply in a month’s time and was wondering that since you mentioned speeding will not appear on a criminal record if it will impact my application. -
Jeanette Miller
on March 5, 2021Dear Stephen,
With regards to the impact on your application, we suggest you contact immigration specialists for advice on this question.
The Geoffrey Miller Team
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Danielle Taylor
on March 6, 2021Hi , I was I was convicted of tt99 in may 2018 and received a ban for 6 months . One of the offences was driving without insurance. I have my license etc. But I am worried as I work at the airport , my pass needs renewing soon and will have to do another disclosure etc. Will this show up? I have never told my employer about my motoring convictions. Thanks Danielle
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Jeanette Miller
on March 8, 2021Hi Danielle,
Thank you for your query.
Only driving offences that are recordable will show on an DBS check , no insurance is a non-recordable offence so will not show on a basic level 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. An enhanced DBS checks could contain this information, which can only be disclosed by the police if they see it to be relevant to the job the check is being done for.
We hope the above assists you.
The Geoffrey Miller Team
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Andy Forster
on March 7, 2021I was disqualified from driving because I disclosed to my doctor that I had taken class A narcotics whilst in a different country and the doctor filled in a form saying that I had taken the drugs. I was never stopped by police, drug tested or otherwise, will this appear on an international child protection certificate?
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Jeanette Miller
on March 8, 2021Hi Andy,
We suggest you contact immigration specialists who will be more familiar with the particulars of the international child protection certificate.
The Geoffrey Miller Team
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Prasanna
on April 28, 2021Hi I was speeding doing 60mph in a 30 and was taken to court where I received a 6 week ban and fine (no penalty points). Will this appear on my DBS check?
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motoroffence
on April 29, 2021This conviction is classed as a criminal conviction as you were found or pleaded guilty to the offence at a Magistrates’ Court. Whether it will show up on a DBS check is dependent on when this happened. Penalty points and a driving disqualification imposed by the court on conviction may become spent when they cease to have effect. In the case of a disqualification, this is at the end of the period of disqualification. However, if you also received a fine then the conviction will not be spent until the end of the rehabilitation period of 1 year. The conviction will therefore show on a standard DBS for a period of 1 year.
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Michael Chahin
on May 16, 2021Hi
I recently applied for a Basic DBS Check – when the certificate arrived it included details of my conviction for careless driving. I understood that careless driving is ‘non recordable’ as that under no circumstances can you be imprisoned for this offence. So I’m wondering why it’s on the certificate and if/how I can get it removed?
Thanks
Michael -
Jeanette Miller
on May 19, 2021Hi Michael,
Assuming the careless driving offence was not committed alongside a recordable offence (one that can carry a custodial sentence) it should not appear 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.
Depending on when the conviction was, you might be eligible for the offence to be filtered. We would advise that you contact the DBS service within three months of the certificate being issued to raise a dispute.
We hope this assists.
The Geoffrey Miller Team
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James
on May 20, 2021Hi,
I was convicted at a magistrates court of both driving without insurance and careless driving. I got a fine and points. This was 2 years ago. Will these show up on a standard DBS?
Thank you in advance.
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motoroffence
on May 21, 2021This conviction is classed as a criminal conviction as you were found or pleaded guilty to the offence at a Magistrates’ Court. However, penalty points imposed by the court on conviction may become spent when they cease to have effect. Penalty points have effect for three years as set out in road traffic legislation. The conviction will therefore show on a standard DBS for a period of 3 years.
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Saika
on June 22, 2021Hi,
I most likely will be convicted for a misuse of a disabled badge. Although I have honestly stated what had happened and the confusion, most likely will be convicted. Will this show up on my dbs? -
Jeanette Miller
on June 23, 2021Dear Saika,
Thank you for your enquiry.
It would depend on what type of offence you are prosecuted for. For example, if you were convicted under Section 117 of Road Traffic Regulation Act, then this would not be considered a recordable offence, however, if you were convicted with the more serious offence under Section 115 RTRA, this would be considered a recordable offence as it can carry a custodial sentence, although it is usually dealt with by way of a financial penalty/or community order.
We hope this assists,
The Geoffrey Miller Team. -
Bob
on June 28, 2021Hi, Can I just check. I have just received some points on my license issued in a magistrates court for ‘totting up’ – when a plea for exceptional hardship was upheld. would this show up on an enhanced DBS check as am just applying for a new job. Thanks in advance.
Bob -
Jeanette Miller
on June 29, 2021Dear Bob,
Thank you for your query.
If the points are for speeding offences ( which is not clear), I can confirm that a disqualification resulting from speeding is a non-recordable offence, meaning that it will not show on a standard DBS check.
However, on an Enhanced DBS check, the Police can include any additional information as regards any offence that is held on local police records and that are reasonably considered relevant for the DBS check. Therefore if the information is stored at your local police station, this could be disclosed on an enhanced DBS check should the reviewing officer consider it relevant.
I hope this assists.
The Geoffrey Miller Team
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JR Djemil
on July 14, 2021I have been found guilty of driving with no third party is insurance only. I was not pulled over for any other offences.
Will this show up when conducting an enhanced or standard DBS search and Will it form a criminal record?
Jan
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Jeanette Miller
on July 15, 2021Dear Djemil,
Thank you for your query.
If you were convicted of driving without insurance at the Magistrates’ Court then this will mean you have a criminal conviction.
I can confirm that a disqualification or penalty points resulting from no insurance is a non-recordable offence, meaning it will not show on a standard DBS check.
However, on an Enhanced DBS check, the Police can include any additional information regarding any offence held on local police records and that is reasonably considered relevant for the DBS check. Therefore if the information is stored at your local police station, this could be disclosed on an enhanced DBS check should the reviewing officer consider it relevant.
I hope this assists.
The Geoffrey Miller Team -
J
on July 19, 2021Hi,
I was charged with a DR40 received 10 penalty points and a £120 fine on the 2nd October 2017. My employer is putting me through my personal licence and I’m wondering if this will show on a basic dbs check? When looking at my license record the points have now expired and due to be removed Feb 2022. I just don’t want to look stupid.
Thank you
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Jeanette Miller
on July 20, 2021Hi,
Being in charge of a motor vehicle when over the prescribed limit is a recordable offence. This means that despite the points having expired and being due to be removed in February 2021, because your driving licence was endorsed with 10 penalty points, the offence will still show on a DBS check 5 years from the date you were convicted of the offence.
If you were under 18 different rehabilitation periods apply and, the conviction may become spent after 2 and a half years because the endorsement would become spent after this reduced period in the case of a juvenile.
Hope this assists.
The Geoffrey Miller Team -
James
on July 20, 2021Hi I got a fine and 5 points for a failure to stop and failure to report at the same time. This was over 15 years ago would this show on standard or enhanced dbs check
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Jeanette Miller
on July 21, 2021Hi James
Due to the length of time that has passed, both offences have become ‘spent’ and so will not be shown on a basic DBS check.
Unfortunately, both the failure to stop and failure to report offences will show on an enhanced DBS check as they are recordable on the Police National Computer.
I hope this assists,
The Geoffrey Miller Team -
AM
on July 25, 2021Hi
I have just graduated from university and will be entering into a healthcare profession. I was pulled over for driving without insurance (IN10) in late 2019 and was given 6 points and £300 fine, I kept my license as I had been passed for over 2 years. The job will be performing a DBS check. My question is: will this motoring offence show up on my DBS check? Do I need to declare this on the DBS check?
Many thanks.
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Jeanette Miller
on November 10, 2021Dear AM,
Provided you were not convicted of a recordable offence (one that carries the possibility of imprisonment) at the same time you were convicted for driving without insurance, driving without insurance is a non-recordable offence and will not be shown on the Police National Database. This means that the offence will not be shown on a DBS check and therefore you will also not have to declare this.
If you are applying for a healthcare role, you may be subject to an enhanced DBS check. An enhanced DBS check is unlikely to show the no insurance offence if the information is not held on the Police National Database. An enhanced DBS check may also contain non-conviction information supplied by relevant police forces if it is deemed relevant to be contained in the certificate.
I hope this assists,
The Geoffrey Miller Team -
Joe
on August 3, 2021I was convicted of failure to stop abd driving without insurance over 10 years ago.
I was given 5 points on my licence and a fine.
Would this show up on a standard or enganced dbs.
Is it a spent conviction?
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Jeanette Miller
on August 3, 2021Dear Joe,
Driving without insurance is in most cases a non-recordable offence. However, because you were also convicted of failure to stop alongside this offence, which is recordable, the driving without insurance offence will also become recordable. Therefore, both offences will show on the police national database and on a DRB check.
Hope this assists.
The Geoffrey Miller Team -
Gemma
on August 18, 2021Hi, 2 years ago I didn’t realise that my MOT had expired until I was stopped by the police. I didn’t have enough money so was late paying the fine. I now have to apply for an enhanced DBS check. Will this show up on my record?
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Jeanette Miller
on August 20, 2021Dear Gemma,
Thank you for your query.
I can confirm that driving without an MOT is not considered a criminal offence, and therefore will not show up on a standard or an enhanced DBS check.
If you were late in paying the fine, it may show on your credit check but would not constitute a criminal conviction.
I hope this assists.
The Geoffrey Miller Team -
Jef
on August 24, 2021Hi
I have a couple of questions hoping you could answer them please.I had a 6 month discretionary ban (driving license endorsed in july 2018 for driving without insurance. Its still showing up on a standard dbs check i did a few weeks ago. Do you know when it will be removed from the standard/basic dbs check?
I have been convicted of possession of cannabis in june 2021. I got a £80 fine for it. Do you know how long it will be before it is removed from a basic/standard dbs?
Much appreciated -
Jeanette Miller
on August 25, 2021Dear Jef,
Thank you for your query.
I can confirm that driving without insurance is a non-recordable offence. Therefore it is not considered a criminal offence and should not show up on a standard or an enhanced DBS check unless the conviction is alongside a recordable offence.
If you are over 18 years old, any convictions for possession of a controlled drug will become spent after five years and will then not come up on a DBS check after this time. It takes 11 years for convictions for drug possession to be filtered. However, they will stay on the police national computer (PNC).
I hope this assists.
The Geoffrey Miller Team -
Adam
on August 25, 2021I received a ban for speeding in 2004.
This has never shown up on DBS, not even enhanced. However I have been asked by a prospective employer for a Police Check. Will this show up? -
motoroffence
on August 26, 2021Hi,
Thank you for your enquiry.
Speeding is a non-recordable offence so this would generally not appear on a DBS check. Even after 11 years, offences become filtered and would not be disclosed anyway so whilst it remains on the Police National Database, it should not be disclosed, nor should it be taken into account by your employer.
Kind Regards
Geoffrey Miller Solicitors -
DaveJohn
on September 4, 2021Hello,
I was banned from driving in Feb 2015 for 15 months for DR10. I have check on the government license check which says the end date is May 2016 but removal date is Feb 2026.
I am wanting to apply for a job which requires a DBS check and asks me to state if I have been cautioned or convicted of a criminal offence and any details of these offences and unsure what to put down.
I also have an SP30 from May 2019 but am I correct in thinking I don’t need to disclose this?
Thank you! -
Jeanette Miller
on September 6, 2021Dear Dave,
Speeding is a non-recordable offence so will not show on a DBS check and you do not have to disclose this.
As the drink driving conviction (DR10) is over 5 years old it will be considered spent. This means you will not have to declare this to most employers, but you can still choose to. If you were applying for a doctor’s role, for example, you would still have to declare this as this profession still requires the disclosure of spent convictions.
A spent conviction will not show up on a basic DBS check but it should still appear on a standard or enhanced DBS check.
After 11 years have passed since the drink driving conviction, it will become filtered and will be removed from a DBS certificate.
We hope this assists.
The Geoffrey Miller Team -
KelC
on September 14, 2021I was caught driving 34mph in a 30mph zone in February 2017, I attended and completed a speed awareness in April 2017. Will this show on an enhanced DBS?
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Jeanette Miller
on September 16, 2021Dear Kel,
Thank you for your query.
I can confirm that speeding is considered a non-recordable offence, meaning that it will not show on a standard DBS check as when offered a speed awareness course, this does not count as a criminal conviction. As such, it would be extremely unlikely that your attendance on a speed awareness would then appear on an enhanced DBS.
However, for the sake of completeness, please be aware that on an Enhanced DBS check, the Police can include any additional information held on local police records that are reasonably considered relevant. Therefore if the information is stored at your local police station, this could be disclosed on an enhanced DBS check should the reviewing officer consider it relevant.
I hope this assists,
The Geoffrey Miller Team -
Shantal
on September 14, 2021Hi,
My Husband was caught driving with an expired international driving licence and expired insurance (which was not renewed because he failed to provide and updated UK driving licence. Only found out that the insurance had lapsed after he was pulled over by the police. This happened in May this year. the car was seized and a notice for court issued. However, it is now September and we still have not been contacted to appear in court. Should he declare this information on any formal/immigration application, even though he has not been fine /charged? Will this show up on a DBS check? -
Jeanette Miller
on September 15, 2021Dear Shantal,
We would firstly advise that your husband check his driving licence online to confirm that the matter has not been dealt with in his absence. You can do this by visiting https://www.gov.uk/view-driving-licence. Assuming the matter has not been dealt with at court, the Police have a 6 month window to lay the charges at court, otherwise they are time barred from prosecuting.
If your husband is sentenced by the court for both of the offences, they will not show on a DBS check as they are classed as non-recordable offences. However, 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.
With regards to the impact on your application, we suggest you contact immigration specialists for advice on this question.
We hope this helps.
The Geoffrey Miller Team
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Zagade
on September 14, 2021Hello
I’ve been convicted for taking sisters vehicle without the consent and driving without insurance in 2019/08. I had court for that and been disqualified for 6 months and also had to pay fine. Do I have criminal record for this? And will it appear on my DBS check? As I got conditional job offer I am worried that it can be withdrawn since my job offer is purely related to financial sector. Is there a possibility for this?
Kind regards and many thanks.
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Jeanette Miller
on September 15, 2021Dear Zagade,
As driving without insurance is not a recordable offence it will not normally show up on a DBS check. Taking a vehicle without consent (an offence that carries the possibility of imprisonment) is a recordable offence and will show on a basic and enhanced DBS check.
If you were convicted of both at the same ( assuming they arise out the same circumstances), then the conviction for driving without insurance will also be revealed in a DBS check.
Recordable offences become spent after a period of 5 years and would be eligible for filtering after a period of 11 years, after which it would not show on a basic DBS check.We are unable to advise on the terms of your job offer as this is a contractual matter.
We hope this assists.
The Geoffrey Miller Team
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James
on September 17, 2021Good day. I was very foolish when I drove home in 1984 after 2 x pints of beer. I was subsequently stopped by police in Scotland and in January 1985, I was banned from driving for 12 months & fined £150. I learned my lesson for that foolishness!
Do I need to declare this offence if travelling to USA on holiday.?
By the way, I have since holidayed in California (1995) & Florida (1996) not honestly knowing that my conviction should have been declared. I was permitted entry on each occasion without question. Your advice would be appreciated.
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Jeanette Miller
on September 20, 2021Dear James,
As you have been convicted of a drink driving offence, this can have an impact on your ability to travel in the USA.
You can still travel according to an Electronic System for Travel Authorization but if you need to apply for a VISA to travel, your drink driving offence may mean that you will have to see a panel position. The panel position will assess your behaviour since the offence. For more information on US visas for travel please see here.
As you have previously travelled without issue we hope that remains the case, but for more specialist advice on this issue we recommend you contact expert US immigration lawyer, Daniel Parisi.
I hope this assists,
The Geoffrey Miller Team -
Taki
on September 18, 2021Hi,
I was convicted last year in June and disqualified for 13 months on a drink driving charge, I have since had to do two basic checks, one in December last year which disclosed the conviction however I did another one in August last month and it was not shown on the basic check.
I am in my mid 20s and this is a first offence.
Why is it not showing up?
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Jeanette Miller
on September 20, 2021Dear Taki,
Thank you for your query.
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.
A conviction for a drink driving offence should appear on your record for 5 years after which time it becomes spent. If you were over the age of 18 at the time of the offence, the conviction would automatically be removed from your DBS certificate after 11 years from the date of the conviction. However, it would always appear on an Enhanced Criminal check, and its details would be disclosed on the certificate.
Based upon the above we do not know why the conviction has not shown up on the latest check and it may well be an error.
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.
I hope this assists.
The Geoffrey Miller Team -
Carl hewson
on September 22, 2021I was convicted of drink driving wich led toa custodial sentence this was 17 years ago I was 19 at the time will this show on a dbs check as I’ve applied for a delivery job n concerned this mite let me down
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Jeanette Miller
on September 27, 2021Dear Carl,
As you received a custodial sentence, this will always show on an enhanced DBS check.
Whether you still have to declare the conviction and thus whether it will show on a basic DBS check will depend on the length of the custodial sentence you received for the offence.
If you received a custodial sentence of over 4 years, you will always have to disclose this and it will always show on any DBS check.
If you received a custodial sentence for less than or equal to 4 years, you will no longer have to disclose this if an employer asks about your convictions as the offence was committed 19 years ago. This is unlikely to show on a basic DBS check.
I hope this assists,
The Geoffrey Miller Team -
Robert Parison
on September 24, 2021Hello. I was in a parked car and another driver reversed out of the parking space next to me and hit my wing mirror. He shouted ‘sorry, sorry’. I screamed and asked if there was any damage as I rushed out to check he said no and continued to drive off -not stopping at all. He didn’t stop and by the time I got to the mirror he had gone. The mirror is damaged, coming apart with scuffs and scratches, and will be expensive to fix. This happened today at a local car park and he has parked back up since so I left a note with my contact details and he hasn’t contacted me. Can I report him to the police for failure to stop? Is there anything else I can report him for?
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Jeanette Miller
on September 27, 2021Dear Robert,
A driver who has been involved in an accident that has caused damage or personal injury has a legal duty to stop at the scene for long enough for anyone involved to ask for details. They must then provide certain information to the injured party or the owner of the damaged property.
The information that must be provided is name and address and registration number. It is not a legal requirement in every scenario to provide insurance details, but it is advisable to do so. If the driver fails to stop and provide information, they have a legal obligation to report the accident to the police as soon as is reasonably possible, and within 24 hours. If they have not done this you can report the accident for the police to investigate.
I hope this assists,
The Geoffrey Miller Team -
Chris
on October 1, 2021Hello Jeanette Miller,
Please could I ask your insight? in May 2010, I was convicted of failing to stop / report and driving without insurance (6points and fine). Will I still see these on basic, standard or enhanced DBS? (I was over 18 at the time).
Many thanks.
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Jeanette Miller
on October 4, 2021Dear Chris,
Your offences will only filter after 11 years have passed if they are the only convictions you have had. If both offences were committed at the same time, both offences are recordable. This means you have more than one conviction on your record. Due to this, the offences do not filter. Your offences will have become spent in May 2015 (5 years after) but these will still show on an enhanced DBS check. Your convictions may also show on a regular DBS check if a job requires all convictions to be declared whether spent or not, for example, a healthcare professional.
We hope this assists.
The Geoffrey Miller Team -
Terry Ryan
on October 2, 2021Hi. In September 2017 I received two convictions for an incident that took place in April 2017. 1) Driving without due care and attention and (Driving License Endorsed 0 points + no penalty) Failing to give name and address after accident (Fine + Driving License with 5 points).
I ran a Basic DBS check in March 2019 and neither of these 2 convictions were on the paperwork / certificate that was returned.
I ran another Basic DBS check in May 2021 and both convictions have now turned up on the DBS check certification.
I am going to run another DBS check now, but confused has something changed in the DBS information that shows? Also, when are these 2 convictions meant to be ‘spent’ (as I understand these should no longer show on a Basic DBS once they are spent)?
Have the rules changed for this, where these convictions will now always show for 11 years, as opposed to 5 years? (as per the change in the disclosure rules c.2020, which are quite confusing to understand).
Thank you for any information!
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Jeanette Miller
on November 15, 2021Dear Terry,
The filtering rules were updated in November 2020 that removed the multiple conviction rule. We can appreciate that this is confusing. We refer you to the Government guidance on DBS filtering guide.
The update means that an individual with more than one conviction, will have those convictions considered separately against the remaining rules rather than automatically being disclosed.
As the offence of failing to stop is a recordable offence , it will show on a DBS check. The convictions are considered spent after 5 years, so not until September 2022. Your offences will only filter after 11 years have passed if they are the only convictions you have had.
We hope this helps.
The Geoffrey Miller Team -
Stewat
on October 5, 2021Hi i have a spent and filtered conviction and a conviction less than 3 years old.
I have recently blew 132UG during a breathaliser test. Would this lead to a custodial sentence and for possibky how long?
Regards
Stewart
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Jeanette Miller
on October 6, 2021Dear Stewart,
If your previous conviction referred to is a drink/drug related driving conviction within the last 10 years, you will face a high level community order, or up to 26 weeks’ custody and a driving disqualification between 36 and 60 months. The previous conviction increases the risk of the more serious penalty.
If the previous conviction is not an alcohol/drug driving related offence, with a reading of 132ug in breath the sentencing guidelines indicate that you will face a high level community order, or up to 26 weeks’ custody and a driving disqualification between 29 and 36 months.
For more advice on your case and your options, please contact us directly.
I hope this assists,
The Geoffrey Miller Team -
Francis thomas
on October 23, 2021Hi, can I ask to see evidence before accepting a caution??
Many thanks
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Jeanette Miller
on October 25, 2021Dear Francis,
Cautions require the following conditions to be met:
- The offender has admitted the offence;
- The offender is willing to accept the caution;
- There must be sufficient evidence to provide a realistic prospect of a conviction if the offender were to be prosecuted; and
- The offence is not one where a prosecution is required in the public interest.
In line with the above, there must be sufficient evidence against you to provide a realistic prospect of conviction if you were to be prosecuted for the offence. Evidence therefore must exist for a caution to have been offered to you. You can request to see the evidence, however, there is no obligation for evidence to be shown to you before you accept the caution.
I hope this assists,
The Geoffrey Miller Team -
Connor
on October 24, 2021Hello,
I was pulled over for going 105mph on a 70mph carriageway. I was told I will be sent a summons for court, is there anyway to avoid court by admitting guilt prior?
Will either scenario mentioned below show as on my criminal record and therefore be picked up by employers on future checks?
a) admitting guilt (if possible) without court attendance.
b) attending court and admitting guiltIf it helps I have a clean record for driving and have been driving almost 5 years.
Thank you,
Connor
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Jeanette Miller
on October 25, 2021Dear Connor,
In terms of pleading guilty, you have the option to plead guilty and attend court, or plead guilty and ask the court to hear the case in your absence. You should choose the latter if you do not wish to attend court. You should be aware that if the court are considering disqualifying you for the speeding offence, they will not disqualify you in your absence.
Speeding is a non-recordable offence and will not show on a DBS check unless the conviction is alongside a recordable offence. Although the speeding offence would not necessarily appear on a criminal background check, it would still be counted as a criminal conviction.
I hope this assists,
The Geoffrey Miller Team -
Terry
on October 28, 2021Hi
I have reached 12 points on my licence and am expecting to soon receive a 6 month ban. The points were all for speeding though not massively over the limit ( eg 35 mph in a 30 ). I’ve been told that after the ban the points will be back to zero but I’ll have a TT 99 code on my licence. Im wondering whether the TT99 code will show up on a DBS check and prevent me from getting a driving job (delivering parcels for Amazon).
Any help or advice would be appreciated -
Jeanette Miller
on October 29, 2021Dear Terry,
Thank you for your query.
I can confirm that a disqualification resulting from speeding is a non-recordable offence, meaning that it will not show on a standard DBS check.
However, on an Enhanced DBS check, the Police can include any additional information regarding any offence held on local police records and that is reasonably considered relevant for the DBS check. Therefore if the information is stored at your local police station, this could be disclosed on an enhanced DBS check should the reviewing officer consider it relevant.
Most employers only do standard checks but that is dependant on the role.
I hope this assists.
The Geoffrey Miller Team
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sarah Herald
on November 1, 2021hI there , i have been caught going 55 in a 30 , on a motorway gantry. due to driving somewhere I did not know following an accident I had earlier that evening and was shooken up , then oversaw the speed change. I have to attend court for this- will this information be passed onto a DBS check if i go for another job , as i believe they will be doing this. i have not been to court yet or received the paperwork yet . do you know what I may be looking at . clean license for 20 years
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Jeanette Miller
on November 2, 2021Dear Sarah,
For a recorded speed of 55mph in a 30mph zone, you will be facing a disqualification of between 7 and 28 days or 4 to 6 penalty points and a fine.
Speeding is a non-recordable offence and will not show on a DBS check unless the conviction is alongside a recordable offence. Although the speeding offence would not necessarily appear on a criminal background check, it would still be counted as a criminal conviction.
I hope this assists.
The Geoffrey Miller Team -
sarah Herald
on November 3, 2021is this based on if This is my first offence in 20 years of driving -thanks so much – im so worried , do you get represented in court or do I need to find a solicitor ?
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Jeanette Miller
on November 5, 2021Dear Sarah,
Yes, considering your recorded speed, 50mph in a 30mph zone, the ticketing office will refer your case to the magistrate’s court. Therefore, you will be sentenced in court, which will result in a criminal conviction.
I can confirm that whether you are disqualified or given penalty points, speeding is a non-recordable offence, meaning that it will not show on a standard DBS check.
However, on an Enhanced DBS check, the Police can include any additional information as regards any offence that is held on local police records and that are reasonably considered relevant for the DBS check. Therefore if the information is stored at your local police station, this could be disclosed on an enhanced DBS check should the reviewing officer consider it relevant.
I hope this assists.
The Geoffrey Miller Team -
John
on November 9, 2021Hi. I have 2 dr10 convictions one from 2001 and one in 2003. Will these still show on an enhanced check.
Thanks in advance -
Jeanette Miller
on November 15, 2021Dear John,
The two drink drive offences are not automatically disclosed under the new filtering rules and the offences will now have been filtered due to 11 years having elapsed since the time of both offences, meaning they will not automatically appear on any DBS check.
An enhanced DBS check may reveal any information held on the local police records that is reasonably relevant to the job in question. It may therefore mean that despite the two drink drive offences having been filtered, the police may still wish to disclose the convictions if they are relevant to the role you are applying for.
I hope this assists,
The Geoffrey Miller Team -
Librahim
on November 18, 2021In June 2018 I was taken to court for driving without insurance and because I had my licence for less than 1 year, it was cancelled. I pled guilty and I was not fined. Will this show up on my DBS check? I’ve been offered a job by an employability company and am really worried about this. What should I do?
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Jeanette Miller
on November 23, 2021Dear Librahim,
Thank you for your query.
I can confirm that licence revocation resulting from no insurance is a non-recordable offence, meaning it will not show on a standard DBS check.
However, on an Enhanced DBS check, the Police can include any additional information regarding any offence held on local police records and that is reasonably considered relevant for the DBS check. Therefore if the information is stored at your local police station, this could be disclosed on an enhanced DBS check should the reviewing officer consider it relevant.
I hope this assists,
The Geoffrey Miller Team -
Conner
on December 4, 2021Got caught on my motorbike without insurance, applied for disclosure for a job but never got accepted for the job due to this being on my disclosure. How long does this stay on and is there any way of getting it taken off?
-
Jeanette Miller
on December 6, 2021Dear Conner,
If convicted of driving without insurance, your IN10 conviction will remain on your licence for 4 years. No insurance is a non-recordable offence, meaning it should not show on a standard DBS check. If a recordable offence was also committed at the same time this may mean both will show on your record. On an Enhanced DBS check, the Police can include any additional information regarding any offence held on local police records and that is reasonably considered relevant for the DBS check. Therefore if the information is stored at your local police station, this could be disclosed on an enhanced DBS check should the reviewing officer consider it relevant.
I hope this assists.
The Geoffrey Miller Team -
Mia
on December 22, 2021Hi ,
I was underwent a drink driving conviction and was convicted under ‘special reasons’ i am curious if this show on a dbs. check , This seems to be a grey area and i cant find any information on it. I received no ban and no points on my license, i have ran a license check to see if it shows a comment on my license or anything and it does not show either, however With the DBS I am unsure, if it does state it will it also state it was under special reasons?. I have just paid for a basic DBS check and am awaiting the results, i think and enhanced check has to go through an employer so im not sure if i can do this myself? curious as to what will show. -
Jeanette Miller
on January 10, 2022Dear Mia,
As you were convicted for drink driving with special reasons, the offence still created a criminal record despite you having not been disqualified from driving.
As you were not disqualified from driving, the offence may be classed as “spent”. If you received a financial penalty, the offence will become spent after one year. If you received an absolute discharge, the offence will become spent immediately. “Spent” means that you do not have to declare the conviction to a current or future employer when asked about any convictions. A spent conviction will not show on a basic DBS check. As you have requested a basic DBS check, once you have received this, if the conviction is “spent”, it should not appear.
Please note that filtering does not apply to a small amount of professions, for example, national security, police, and firearms job roles.
Standard and Enhanced DBS certificates will include details of convictions and cautions recorded on the Police National Computer (PNC). The certificate must show non-specified convictions (such as drink driving) which are less than 11 years old. Enhanced certificates may also include convictions the police think are relevant. Assuming your conviction is less than 11 years old, it may show on a standard or enhanced DBS check. You have the right to access information held about you on the PNC. You can do this by making a subject access request for information held by the local police force and on the PNC and can do this by contacting the local police force directly, or by requesting this online. You will then be able to consider the likelihood of the offence showing on a standard or enhanced check, based on whether the conviction is held on the PNC or not.
I hope this assists,
The Geoffrey Miller Team -
Leigh
on January 3, 2022Hi
I was recently pulled over for drink driving and am due in court soon to see my verdict
How likely is this to show on my DBS and will I need to disclose this to my new employer before I start -
Jeanette Miller
on January 12, 2022Dear Leigh,
If you have pleaded not guilty to the offence and are awaiting your trial, you will not have to disclose the offence unless you are found guilty at trial or plead guilty, as this will not amount to a criminal conviction.
If you have pleaded guilty to the drink driving offence, you will have to disclose this to your new employer if asked about any criminal convictions.
If convicted, your conviction will not yet be classed as ‘spent’ as it is so recent, so it will still appear on a basic, standard, or enhanced DBS check.
While the conviction will show on your licence for 11 years, it will be classed as spent after 5 years and will then not show on a basic check, but may still show on an enhanced check.
I hope this assists,
The Geoffrey Miller Team -
JW SUH
on January 9, 2022Hi, I had a verdict on Mar 2018, which after trial was a guilty of careless driving with the fine of ￡300. Now I am applying for a visa to be working in Canada, for which being required to submit UK ACRO police certificate. Will the careless driving conviction appear on this certificate?
Thanks in advance,
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Jeanette Miller
on January 11, 2022Dear JW,
According to ACRO’s website, the police certificate will contain impending police investigation and whether or not you have a criminal record in the United Kingdom.
Considering you have been sentenced in court for careless driving, this will result in a criminal conviction and therefore likely appear on your ACRO’s certificate.
However we advise you seek assistance from a lawyer who may know more about visa requirements to be sure.
I hope this assists,
The Geoffrey Miller Team -
Rog Stanley
on January 10, 2022Hello,
Looking for some advice please. I was given an IN10 about 11 years ago due to a mixup on my behalf.
I moved house a few months later and the conviction was sent to my old address which I subsequently missed so didn’t respond with my plea. I was then asked to appear in court a while later to answer why I didn’t respond by letter or enter a plea when it was sent out to my old house.
I was given a fine and points plus a small additional charge for court time.
What records might this show up on if any at all now? Cheers -
Jeanette Miller
on January 31, 2022Dear Rog,
Driving without insurance (IN10) is a non-recordable offence, provided that it has not been committed alongside a recordable offence. Recordable offences are offences that carry a risk of a custodial sentence.
If the no insurance offence was the only offence you were convicted of, this will not show on any DBS check. As the driving without insurance offence is non-recordable, it is unlikely to be held on the police national database, but if it is, the police may wish to disclose the details of this offence on an enhanced DBS check if they feel it is relevant to the role you are applying for.
I hope this assists,
The Geoffrey Miller Team -
Jake
on January 13, 2022Hello,
My wife was convicted of being under the influence of alcohol whilst in charge of a motor vehicle in October 2020. As the mitigating circumstances were accepted entirely she was given a fine and 10 penalty points. Would this conviction show up on an ACRO certifciate as we are now looking to move abroad and this could be a big problem. Thank you Jake
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Jeanette Miller
on January 13, 2022Hi Jake,
Being drunk in charge of a motor vehicle is a recordable offence as it carries a risk of a custodial sentence. The offence is therefore likely to be held on the Police National Computer. ACRO certificates can give details of all convictions, cautions, final warnings and reprimands recorded on the Police National Computer. It is therefore possible that the conviction will show on the ACRO certificate.
Each country has different entry requirements and so the weight the conviction will hold in terms of moving abroad can vary. We advise you speak to a specialist immigration lawyer to advise you based on the country you are looking to move to.
I hope this assists,
The Geoffrey Miller Team -
David
on January 19, 2022Hi,
I’m early 30’s, 3 years ago i stupidly slept in my car after a party and I was charged with DR40, in charge of a vehicle while above the limitIt went to court and was given 6 point and a fine, but as I already had 6 points on my licence(for speeding) the judge gave me 60 day ban under totting up rules
My driving licence check online is just showing totting up, it doesn’t mention the DR40
And my recent Basic DBS shows no convictions, could this be an error or is my conviction just totting up and not DR40 ?
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Jeanette Miller
on January 19, 2022Hi David,
The totting up disqualification is separate to the DR40 conviction. The DR40 should stay on your driving record for four years from the date of the offence as you received penalty points for this. The offence will then become spent after five years. You must still declare the conviction until it becomes spent.
I am not sure why this no longer appears on your licence and the DVLA may not have been notified to update their records.
The DR40 will still amount to a criminal conviction and it is a recordable offence as it carries a risk of a custodial sentence, so the offence is therefore likely to be held on the Police National Computer. The offence is likely to still show on a basic DBS check as it is still unspent. You are able to request a basic DBS check here.
If you are subject to a standard or enhanced DBS check, it is likely that the conviction will be disclosed if it is considered relevant to the job in question.
I hope this assists,
The Geoffrey Miller Team -
LCS
on January 21, 2022I pleaded not guilty to drinking driving due to special circumstances (distance). It was accepted and just given a fine. 1)Will this still show on a dbs check 2) is this a spent or unspent 3) how long will it stay on my record?
Thank you -
Jeanette Miller
on January 31, 2022Dear LCS,
As you were convicted for drink driving with special reasons, the offence still created a criminal record despite you having not been disqualified from driving.
If you only received a financial penalty, the offence will become spent after one year. “Spent” means that you do not have to declare the conviction to a current or future employer when asked about any convictions. A spent conviction will not show on a basic DBS check.
If points were also endorsed , these are not considered spent for 5 years.
Please note that filtering does not apply to a small amount of professions, for example, national security, police, and firearms job roles.
Standard and Enhanced DBS certificates will include details of convictions and cautions recorded on the Police National Computer (PNC). The certificate must show non-specified convictions (such as drink driving) which are less than 11 years old. Enhanced certificates may also include convictions the police think are relevant. Assuming your conviction is less than 11 years old, it may show on a standard or enhanced DBS check. You have the right to access information held about you on the PNC. You can do this by making a subject access request for information held by the local police force and can do this by contacting the local police force directly, or by requesting this online. You will then be able to consider the likelihood of the offence showing on a standard or enhanced check, based on whether the conviction is held on the PNC or not.
I hope this assists,
The Geoffrey Miller Team -
Callie callaghan
on January 29, 2022June 2007
I was convicted of
Obstructing a police officer in his line of duty
( said I was the driver I wasn’t )
Court fined me £95 an told me to sit at the back of the court house untill they said I could go
( court house detention )I was 18 had no prior or previous convictions / cautions etc
Will this still show in an enhanced dbs
Do I declare if asked ?Thank you
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Jeanette Miller
on February 4, 2022Dear Callie,
Thank you for your query.
I can confirm that Obstructing a police officer in his line of duty is a non-recordable offence meaning that it will not show on a standard DBS check. However, they are not ‘removed’ or ‘wiped’ from police records.
On an Enhanced DBS check, the Police can include any additional information regarding any offence held on local police records that is reasonably considered relevant for the DBS check. Therefore if the information is stored at your local police station, this could be disclosed on an enhanced DBS check should the reviewing officer consider it relevant.
If you’re applying for a job or role that involves a standard or enhanced DBS check, cautions and convictions that are filtered won’t be included on results of the check. Therefore, the organisation you are applying for a job should be clear to applicants that they do not have to disclose any cautions or convictions that are filtered, and they must ignore any filtered cautions/convictions if they become aware of them.
Filtering is the term used to describe the process that identifies which criminal records will be disclosed on a Standard or Enhanced DBS certificate (DBS check).
I hope this assists,
The Geoffrey Miller Team -
dasearl
on February 8, 2022I was in UK 13 years ago, where I have got points and fine for driving without valid license. What I understand this is non recordable offence. However I will be applying for health care job. So I am expecting a enhance DBS check would this offence is recorded in Police National Computer System (PNC)
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Jeanette Miller
on February 9, 2022Dear Dasearl,
You are correct in stating that driving without a licence is a non-recordable offence as it carries penalty points and a fine. The only exception is if the licence offence was committed alongside a recordable offence (one that carries a potential custodial sentence).
Standard and Enhanced DBS certificates will include details of convictions and cautions recorded on the Police National Computer (PNC). Enhanced certificates may also include convictions the police think are relevant. It is unlikely that an offence carrying penalty points will be held on the PNC, or considered relevant to the majority of job roles. You have the right to access information held about you on the PNC. You can do this by making a subject access request for information held by the local police force and can do this by contacting the local police force directly, or by requesting this online. You will then be able to consider the likelihood of the offence showing on a standard or enhanced check, based on whether the conviction is held on the PNC or not.
I hope this assists,
The Geoffrey Miller Team -
Tommy T
on February 15, 2022When a prospective employer does a DBS check, will they get access to how much you were over the limit and the circumstances of the conviction?
Thank you
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Jeanette Miller
on February 18, 2022Dear Tommy
DBS checks usually show what the conviction(s) is, the date of the conviction(s), the court(s), and the sentence you received for the offence(s). For enhanced DBS checks, the police can also disclose any information that is reasonably relevant to the job in question from the information held on the Police National Computers (PNC). It would be for the police to consider whether disclosing the more detailed circumstances, if held on the PNC, would be relevant to the specific job.
I hope this assists,
The Geoffrey Miller Team -
Lisa Gray
on February 25, 2022I received a fine for vehicle interference back in approx 97 aged 20. I’ve applied for a job in a school working with SEN kids.
Do I need to disclose this or will it wiped from my record.
Thank you in advance
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Jeanette Miller
on February 28, 2022Hi Lisa,
Based upon the information you have provided, your conviction should now be filtered and you should no longer need to declare this.
Yours faithfully
Geoffrey Miller Solicitors -
Marquesz
on February 26, 2022Hi
I was driving down a single lane road (2-way traffic) when another car started accelerating as soon as they saw me. I stopped because they were going so fast. (There was a space on each side of us but the mine was too small and hers was big enough for a car to pull into). She then stopped got out recorded me, threatened me and launched a tirade of verbal assault (I think she was drunk so I took pictures). My passenger and I stayed in the car with the windows up. She then got into the car and sped at me stopping as we were bumper to bumper (I took pictures literally nose to nose) so that I was blocked in. In the end she pulled into the space (badly) and I manoeuvred around. She continued to hurl threats and abuse while recording at this point I flipped her off and drove off up until then I did not respond (just being honest). My passenger has said that I should report her. Do you have any advice please? Her language was very threatening but more concerned about when she got back into the vehicle and drove high speed at us and then slammed breaks at the very last second. However me flipping her off probably hasn’t done me any favours. -
Jeanette Miller
on February 28, 2022Dear Marquesz,
Thank you for your enquiry.
If there has been an accident, you mention at one point you were bumper to bumper, then there is a legal requirement for a vehicle to stop and exchange details or the matter should have been reported to the police as soon as reasonably practicable and within 24 hours. An accident occurs when personal injury is caused or damage is caused to another vehicle. From your description, is not clear to us whether an accident happened or not, to be able to advise you on this further.
Additionally if you believe an offence has been committed against you, then you should report the matter to the appropriate authorities as soon as possible providing them with the documentation you have obtained.
We hope our advice is helpful.
The Geoffrey Miller Team -
Rishi
on March 3, 2022Hi,
I pleaded guilty to sp30 driving 70mph on a 50mph and received 6 points from magistrates and a fine. Will this show on my dbs?
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Jeanette Miller
on March 7, 2022Dear Rishi,
Speeding is a non-recordable offence, meaning that the conviction will not show on a standard DBS check.
However, on an Enhanced DBS check, the Police can include any additional information as regards any offence that is held on local police records and that are reasonably considered relevant for the DBS check. Therefore if the information is stored at your local police station, this could be disclosed on an enhanced DBS check should the reviewing officer consider it relevant.
We hope this assists.
The Geoffrey Miller Team -
SG
on March 4, 2022Hi, I appeared in court for driving without due care and attention (CD10) for an accident in 2021 and was given 5 points and a £550 penalty. I have an enhanced dbs update subscription but upon checking it multiple times hasn’t been updated with this motoring offence.
Is this considered a criminal conviction and will i have a criminal record that I have to declare when applying for jobs? -
Jeanette Miller
on March 7, 2022Dear SG,
Driving without due care and attention is not a recordable offence, so it will not be shown on a DBS check and you will not have to declare this. The only exception to this is if you committed a recordable offence (one that carries a possibility of a custodial sentence) at the same time as the driving without due care and attention offence, meaning that this offence will be disclosed. The driving without due care and attention offence may be held on the Police National Computer (PNC) and when you are subject to an enhanced DBS check, the police can disclose any information held on the PNC that they feel is relevant to the job in question.
We hope this assists.
The Geoffrey Miller Team -
Richard
on March 14, 2022Hi I had a DR10 in 2011 and am looking to apply to be a premises licence holder, would this stop me from getting one?
Thanks!
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Jeanette Miller
on March 18, 2022Dear Richard,
As part of the application in obtaining a Personal Licence, you will need to submit a Basic DBS Check certificate. A Basic DBS Check is a criminal record check that will reveal any unspent convictions you have. As your driving with excess alcohol conviction was in 2011, it is classed as spent and will not show up on standard DBS check. We are unable to advise on the chances of you obtaining a licence or not. This will be a matter for the local authority to determine.
We hope this assists.
Geoffrey Miller Solicitors -
Kenny
on March 22, 2022Hi,
I have a drug driving offence. Where I was banned for 1 year and am halfway through my ban.
I have been accepted for a new job however they require a security clearance. I will probably declare this conviction when the opportunity arises.
However, it is an office job that is 100% remote. Would the ban stop me from my new employment?
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Jeanette Miller
on March 23, 2022Dear Kenny,
Thank you for your enquiry.
As you have pleaded guilty to the drug driving offence, you will have to disclose this to your new employer if asked about any criminal convictions. This conviction will not yet be considered “spent” as it is so recent so it will appear on a basic, standard, or enhanced DBS check.
With regards to any offer of employment being rescinded, we would advise you to speak to an employment solicitor who specialises in this area.
We hope this helps.
The Geoffrey Miller Team -
Wesley
on March 31, 2022Hello there , will Driving not in accordance with a license (LC20) show up on my DBS check ? Thanks I got a £100 fine and 3 penalty points this happened in 02/2019
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Jeanette Miller
on April 1, 2022Dear Wesley,
Driving otherwise than in accordance with a licence carries penalty points only so this is not a recordable offence and will not be disclosed on a DBS check, provided it was not committed at the same time as a recordable offence (usually one that carries a risk of a custodial penalty). However, if you are asked if you have any criminal convictions, you must declare it, if it is unspent, as licence endorsements are considered spent after 5 years.
We hope this assists,
The Geoffrey Miller Team -
Gareth
on April 9, 2022Thanks in advance for your reply.
In 2010 I was stopped for speeding on a motorway. I was clocked at 112mph. I was summoned to court and appeared in 2011. I received a £200 fine and six points but no ban due to other circumstances. My conviction has been spent under the ROA.
I am now applying for a job with an Irish company with potential employment in the UK, Ireland or Africa. Ireland has a similar law to the ROA where driving offences don’t need to be disclosed after 7 years and the area of work I am applying for is not exempt for this law.
If I get the job, I will likely work in the UK and require UK DBS. I have DV so I am not concerned about passing DBS. However, as part of my job application I have been asked if I have ‘any criminal convictions’. It does not specify spent or unspent convictions.
Would I be breaking the law by answering no since my driving conviction is spent under UK and Irish Law?
Will my conviction show on a police record check if I need to apply for a work visa outside of the UK?
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Jeanette Miller
on April 20, 2022Dear Gareth
Speeding is not a recordable offence and so this will not show on a DBS check unless the conviction was committed alongside a recordable offence. As your conviction is spent, you would not have to declare it unless an exemption applies, see Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975.
In terms of your questions relating to work outside of England, we suggest you contact an employment law or immigration law specialist for advice.
Yours faithfully
Geoffrey Miller Solicitors -
Abigail
on April 19, 2022Hi,
Will a shoplifter caution of 2009
Show on an enhanced dbs ? -
Jeanette Miller
on April 25, 2022Dear Abigail,
Standard and Enhanced DBS check applications will show details of spent and unspent cautions. However, as 6 years have now passed since your caution, it will be filtered, and will no longer be visible on DBS checks.
We hope this assists,
Geoffrey Miller Solicitors -
Natasha
on April 23, 2022Jan 2021 I was caught speeding. Accepted the speed awareness course.
This doesn’t show on my enchanced DBS but will it be held on my police record?
Is it something I am required to disclose?
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Jeanette Miller
on April 25, 2022Hi Natasha,
As speeding is not a recordable offence, it will not appear on a DBS check. If you are asked if you have any criminal convictions, you will not have to declare this as you accepted a speed awareness course as a penalty.
We hope this assists,
The Geoffrey Miller Team -
Ester
on May 11, 2022Hello, I hope you can help. I did my DBS in 2019 and my 2013 driving disqualification still appeared. I have read that there was a new law enforced in 2020. Does it mean that if I do a DBS now this driving DUI disqualification will not appear anymore and I don’t have to declare it anymore when looking for teaching jobs?
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Jeanette Miller
on May 18, 2022Dear Ester,
Thank you for your query.
A conviction for drink driving becomes ‘spent’ after 5 years from the date of your conviction. Unspent convictions will appear on enhanced DBS checks unless they are filtered. If you were over the age of 18 at the time of the offence, the conviction will be filtered from your record after 11 years. As your conviction appears to have been in 2013, it is not yet filtered.
All teachers in the UK must take an enhanced DBS check with barring lists to evidence their suitability to teach in any type of UK school. An enhanced DBS check, with barred lists for a teacher, will require a search for any unspent or spent convictions, cautions, reprimands or warnings. Therefore, you will need to disclose any spent or unspent convictions.
For more information, please check our DBS check blog.
We hope this assists.
The Geoffrey Miller Team -
Nathan Mondoni
on May 23, 2022i received a single injunction procedure for speeding on the motorway back in January this year. i was doing 52mph on a section of motorway with 40mph speed limit due to road work. i haven’t got a date yet, the police said they are preparing the file to send to the magistrate.
its will be my first ever motor offence and i also have no prior criminal offence whatsoever. I would like to know if I should inform my current employer ? also would the impending court proceeding appear on an enhanced DBS if I do one now? once convicted do i need to disclose it as criminal offence if asked? your answer will be very much appreciated -
Jeanette Miller
on May 26, 2022Dear Nathan,
Speeding is a non-recordable offence, meaning that the conviction will not show on a standard DBS check.
However, on an Enhanced DBS check, the Police can include any additional information as regards any offence that is held on local police records and that are reasonably considered relevant for the DBS check. Therefore if the information is stored at your local police station, this could be disclosed on an enhanced DBS check should the reviewing officer consider it relevant.You would only have to disclose your record to an employer if your contract states you must update them of any offences, or if they ask you. If your convictions are unspent, you legally need to disclose them. Penalty points imposed by a court become spent when they cease to have effect, which is three years from the date of the offence.
If the court hearing has not yet happened, it would not show on an enhanced DBS check, it would only show after the court have dealt with the matter and sentence is passed.
However, if the matter is dealt with by way of a “fixed penalty notice”, it would not constitute a criminal conviction.
We hope this assists.
The Geoffrey Miller Team -
Raza
on June 3, 2022Hi,
Is it possible to know is decision from the court of my driving offence is classed as non-custodial sentence? I received 6 penalty points on my provisional licence and 643 pounds fine through single justice procedure notice. I drove car without full licence and third party insurance.
Thank you so much -
Jeanette Miller
on July 15, 2022Hi Raza,
The offences of driving otherwise than in accordance with a valid licence and no insurance are both non-custodial offences and thus non-recordable offences.
We hope this assists
Geoffrey Miller Solicitors -
Anie
on June 6, 2022Hello,
I would like to know please is decision by court through single justice procedure count as non custodial sentence for driving offences? Is non imprisonmenable driving offence appear on enhanced dbs or criminal record? -
Jeanette Miller
on June 13, 2022Dear Anie,
Offences carrying a potential custodial sentence will not be dealt with by way of Single Justice Procedure.
Offences dealt with by way of Single Justice Procedure are usually non-recordable offences, meaning that the conviction will not show on a standard DBS check unless they are committed alongside a recordable offence (usually one carrying a potential custodial penalty).
However, on an Enhanced DBS check, the Police can include any additional information as regards any offence that is held on local police records and that are reasonably considered relevant for the DBS check. Therefore if the information is stored at your local police station, this could be disclosed on an enhanced DBS check should the reviewing officer consider it relevant.
We hope this assists.
The Geoffrey Miller Team -
Darren Pike
on June 16, 2022I was convicted of aggravated TWOC at 17 years old and sentenced to one year imprisonment served 6 months 22 years ago. I am wanting to do my hgv licence, would this show up on an enhanced dbs check and effect my future job prospects??
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Jeanette Miller
on June 17, 2022Dear Darren,
Thank you for your query.
Based upon the information provided, your conviction of aggravated vehicle taking without consent should be filtered and should not appear on your DBS certificate, considering that the conviction was imposed when you were under 18, and 5.5 years have passed since the date of the conviction.
We hope this assists.
Geoffrey Miller Solicitors -
John
on June 21, 2022Hi
I was stopped last month and stupidly didn’t have insurance on my car (IN10) due to having moved house an not realising it had ran out. I accepted it and paid £300 fine along with 6 points.
I am applying for taxi licence with a view to buy the business do i need to declare this on my application? This was my only conviction. Also if i do need to declare this will I get the licence?
Many Thanks
-
Jeanette Miller
on July 7, 2022Dear John,
Whether you would have to declare this on your application depends on whether there is a question about a previous conviction. If yes, then you are legally required to declare the no insurance conviction. Whether that would affect you obtaining your taxi licence depends on the Council/Body issuing the licence to you.
We hope this assists.
The Geoffrey Miller Team -
Mike
on June 22, 2022Hi
I have recently received a single justice procedure notice for a minor speeding offence ( 35mph in a 30 zone) where I did not send in my licence within the required 6 month period, however I did pay the fine.
I will be pleading guilty but I wanted to know how long this will/could this show up for on my enhanced DBS?
I am a teacher so need to know if this will stay on my record for life.
I also haven’t received the monies back for the original fine either. Should I mention this in mitigation?
Thanks in advance
-
Jeanette Miller
on June 22, 2022Dear Mike
As speeding is not a recordable offence, it will not show up on an enhanced DBS check. In regards to the fine you have paid, you can mention this in your mitigation to the Court, but you will likely have to request a refund from the fixed penalty office.
Kind regards
Geoffrey Miller Solicitors -
Mike
on June 28, 2022Hi there,
I recently got caught doing 104mph on a motorway by a camera, silly I know. I’ve had my license for less than 2 years. I received an NIP and now have a single justice procedure.
I’m very worried if this appears on a criminal record or DBS checks. Will i have to declare it on job or visa applications? Thanks for your time.
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Jeanette Miller
on July 7, 2022Dear Mike,
As a new driver, your driving licence is revoked automatically by the DVLA if you accumulate six penalty points or more within the first two years of holding a full driving licence.
Speeding is a non-recordable offence, meaning that the conviction will not show on a standard DBS check. However, on an Enhanced DBS check, the Police can include any additional information as regards any offence that is held on local police records and that are reasonably considered relevant for the DBS check. Therefore if the information is stored at your local police station, this could be disclosed on an enhanced DBS check should the reviewing officer consider it relevant.
If your employer asks if you have any unspent convictions, you would have to declare it.
Regretfully, we are unable to provide you with specific advice on your visa applications. For specialist advice, we recommend you contact an immigration lawyer.
If you require our services to assist in avoiding a licence revocation, please contact our offices on 0161 274 5596.
We hope this assists.
The Geoffrey Miller Team -
Tyson Dalton
on July 23, 2022I was caught driving without a driving license. Will this show up on my DBS check and can it affect my employment. how long will it be until it is removed from my record. I am 19 years of age and this is my only conviction. I am very concerned about my future please answer
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Jeanette Miller
on July 28, 2022Hi Tyson,
Driving otherwise than in accordance with a licence is not a recordable offence, unless it was committed at the same time as a recordable offence. Recordable offences are usually offences that carry a risk of a custodial sentence. As driving otherwise than in accordance with a licence is not a recordable offence, despite it being a criminal conviction, this should not show on a DBS check.
We hope this assists
Geoffrey Miller Solicitors -
Len
on August 1, 2022Hi, I was convicted of speeding, and driving without due care and attention (as two separate offences at different times), within the past five years. Three years have passed, the points have dropped off my license for both offences. (now zero). The offences remain listed on my license record for another year, and I believe are ‘unspent’ until the five-year mark (another two years) at which time they become ‘spent’. My question is, if I apply for a UK government background check for eligibility for US global entry, do I answer the following question ‘yes’ or ‘no’ for these unrecordable offences, and if I select ‘no’ wrongfully are there any repercussions?
“Do you have a criminal record in any country (including police cautions and spent convictions)?”
The way the question is worded, the ‘criminal’ terming suggests not (mine are not criminal offences), but the ‘unspent’ included suggests maybe. I am not currently under any police cautions but naturally they read your rights to you whenever they ask you any questions, stopped for speeding or anything else on the road.
All information, including US visa information, points to the relevance of the question to be to criminal convictions, and, in US legalese, crimes of “moral turpitude”. I suspect the answer is, for me, ‘no’, but I do not want to torpedo any future visa or visa-waivers with the US by either answering ‘no’ wrongfully, or ‘yes’ wrongfully. Do you know what this £42 UK background check shows up, if it is a DBS-style or something else? (link: https://global-entry.beta.homeoffice.gov.uk/register-to-apply/renewal ). Many thanks.
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Jeanette Miller
on August 5, 2022Dear Len
The offences you were convicted of are criminal convictions. They are non-recordable and will become spent 5 years after the date of conviction. We cannot advise you about the completion of the forms.
We hope this assists.
Geoffrey Miller Solicitors -
Sarah
on August 4, 2022I have a ac10, ac20 and cd10 from 2016 will they show up on an enhanced dbs check?
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Jeanette Miller
on August 5, 2022Dear Sarah,
Thank you for your query.
Both AC10 and AC20 are recordable offences as they could result in imprisonment. The police therefore are required to keep a record of this on the police national computer system. It is these offences that are revealed by a criminal record check.
Whether or not these will show on an enhanced DBS check will depend on your age at the time of the offence and whether you were convicted. If you were 18 or above at the time of the offences and you were convicted for these, this will show up on an enhanced DBS check for 11 years after the conviction, so until 2027 if you were convicted in 2016. If you were convicted but were below 18 at the time of the offence, this will only show up for 5.5 years from conviction (so at least until June 2022, depending on the date you were convicted).
CD10 is a non-recordable offence as it doesn’t carry the risk of a custodial sentence. If you are convicted of a non-recordable offence it is unlikely to be recorded on the police national computer and disclosed on a DBS check unless the conviction is alongside the recordable offences you mentioned. If that’s the case, the rules mentioned above will also apply to this offence.
We hope this helps.
The Geoffrey Miller Team -
Harriet
on August 6, 2022I have a teaching qualification and recently crashed my car due to drink driving. I am 33. Will this effect getting a working visa in Spain? And will this stay on my enhanced dbs forever? Thanks
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Jeanette Miller
on August 8, 2022Dear Harriet,
Thank you for getting in touch.
Driving a motor vehicle with excess alcohol is a recordable offence as it could result in imprisonment. The police therefore are required to keep a record of this on the police national computer system. A criminal record check will reveal recordable offences.
This is not likely to show on your enhanced DBS forever, unless you received a custodial sentence. It will, however, show up on an enhanced DBS check for 11 years if you are convicted; the time will be counted from the day of your conviction. If you were cautioned rather than convicted, it will show up for 6 years from the caution.
We are unable to advise you on how this will affect your eligibility for a working visa in Spain. However, we recommend you get in touch with the Spanish embassy or visit this website for more information on travelling to Spain with a criminal record.
We hope this helps,
The Geoffrey Miller Team -
ABBEY
on August 28, 2022I have a dr10 and dg10 cautioned on Aug 2018 – disposal date from Feb 2019 – which resulted in a 12 month ban and a small fine (over 18 at the time). I recently applied for a basic DBS disclosure and it came up clear, or convictions, cautions, reprimands and warning as ‘non recorded’. Is there any reason why my convictions did not show on a basic DBS? Also I am to start a new role which is exempt under the ROA 1974, so how would I go about disclosing these convictions if asked and will it show a standard DBS? Many thanks!
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Jeanette Miller
on September 5, 2022Dear Abbey,
Thank you for your query.
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.
Convictions for a drink driving offence and driving whilst unfit through drink/drugs should appear on your record for 5 years after which time they will become spent. As you were over the age of 18 at the time of the offence, the convictions would automatically be removed from your DBS certificate after 11 years from the date of the convictions. However, it would always appear on an Enhanced Criminal check, and their details would be disclosed on the certificate.
Based on the above, we do not know why the conviction has not shown up on the latest basic DBS check and it may well be an error.
Depending on the type of work in your new role, you may or may not have to disclose any spent or unspent convictions in any event. If asked about any previous convictions, you should answer any questions honestly, regardless of the fact that they have not shown on the recent DBS check.
Kind Regards
The Geoffrey Miller Team -
Peter
on August 30, 2022Hi,
I had a DR10 about 15 years ago and am looking to apply for a shotgun licence.
Do i need to say it when filling the forms ?Would this stop me from getting one?
Many thanks
P -
Jeanette Miller
on September 1, 2022Dear Peter,
Thank you for getting in touch. Yes, you must declare all criminal convictions in your shotgun licence application form.
Kind regards
The Geoffrey Miller Team -
Liam
on September 3, 2022I was found guilty of failing to provide information of a driver, following from not responding to a speeding offence (flashed by speed camera) which I was not aware of as the court papers got sent to my previous address. I received 6 points and a fine for the failing to provide information of a driver offence in the magistrates court and I have now paid the fine.
I am currently in the process of becoming a solicitor and I wanted to know, when it comes to the enhanced DBS checks whether this will come up. I have reported this matter to the SRA already and I am yet to hear a response from them.
But I just want to know whether it is something that would come up on a Enhanced DBS check or in the character and suitability test that the SRA place on trainees.
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Jeanette Miller
on September 5, 2022Dear Liam,
Thank you for your query. Failing to provide the details of the driver following a speeding offence is a non-recordable offence as it doesn’t carry a custodial sentence. 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. 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. A list of specific recordable offences can be found here.
As per the SRA’s character and suitability test, assuming that this is the only conviction recorded against you, it is unlikely to impact the test. However, it is a matter for the SRA to determine. You can refer to Rule 3 and 4 of the SRA Assessment of Character and Suitability Rules to check the types of offences that the SRA will consider when assessing your character and suitability here.
We hope this answers your query.
Best regards,
The Geoffrey Miller Team -
Steve Berkeley
on September 28, 2022Good Afternoon,
I was in 2010 convicted of Fraud by False Representation, and Theft by Employee. I was given a suspended sentence of 13 weeks, and a community payback, as well as a small fine.
In the same year, I was also convicted of Drink Driving and given a 13m driving ban.
Nothing since then. Please may you advise whether this will show forever (with current guidelines) on anything other than a basic check ?
Thanks,
Steve
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Jeanette Miller
on September 30, 2022Dear Steve,
Thank you for getting in touch.
As you received a suspended custodial sentence for the fraud by false representation and theft conviction in 2010, this will now be considered spent and should not show on a basic DBS check. However, they will always be disclosed on a standard/enhanced DBS check as you received a custodial sentence (whether spent or unspent).
On the other hand, a drink driving conviction can be filtered (i.e. removed) after 11 years from the date of conviction, provided that you did not receive any custodial sentence. If you were under 18 at the time of the conviction then this would have been filtered after 5.5 years from the conviction. As more than 5.5/11 years have passed since the conviction, this should not show on a basic/ standard/enhanced DBS check.
However, please note that drink driving is a recordable offence which means that the police are required to keep a record of this on the police national computer system (PNC). For Enhanced DBS checks only, the local police force may disclose an offence if they consider that the conviction is relevant to the role the individual is performing, even if filtered.
We hope this helps.
Best regards,
The Geoffrey Miller Team -
Abdulkadir Shina
on October 17, 2022Hi, please a received a SJPN today as dvla said I failed to tax or SORN a vehicle. I bought the vehicle and my log book was issued few weeks after. Whilst the vehicle was still with the seller I immediately request the seller to sell the car for me as I changed my mind. However I received a letter from dvla before the SJPN to tax or SORN the vehicle. But the seller told me not to worry since I’m not possession of the car. If found guilty, can I be criminally convicted and will this show on my dbs or even affect my work visa application? Thank you.
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Jeanette Miller
on October 28, 2022Dear Abdulkadir
Thank you for your enquiry.
If you are found guilty by the Court this will be a criminal conviction. However, as the offence is not a recordable offence it will not appear on a DBS check. We are unable to advise you on your work visa application and so we recommend that you seek advice from an immigration solicitor on that.
Kind regards
Geoffrey Miller Solicitors -
M s
on November 8, 2022Hi, i have been given notices by enforcement agents from tribunal court regarding getting caught driving without insurance In10 and i got fined and 8 points on my license. But i paid all the fine after receiving those notices and letters. I want to take out acro police clearance certificate for immigration to other country. Will this In10 be shown in my acro police clearance certificate ??? Please let me know thanks
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Jeanette Miller
on November 9, 2022Dear M s,
A conviction for driving without insurance is classified as a criminal conviction. Therefore, if you are asked if you have any criminal convictions you must declare it. We recommend that you contact an immigration solicitors firm that should be able to offer you some further guidance on this.
Kind Regards
Geoffrey Miller Solicitors -
Mark kenneth
on November 27, 2022Hi,
I was stopped back in 2019 for speeding, I was doing 98mph in a 70mph zone, I had to go to court and pleaded guilty to the charge i was giving a fine and 6 points on my licence, as I was within the 2 years on my driving licence so it was revoked, will that come up on any checks? -
Jeanette Miller
on November 30, 2022Hi Mark,
Thank you for getting in touch. Speeding is a non-recordable offence as it does not carry a prison sentence. 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 (i.e. an offence for which you could be imprisoned). The speeding conviction on its own will therefore not come up on any DBS checks.
Kind regards,
Geoffrey Miller Solicitors -
Kim
on November 29, 2022Hi there i was wondering if you could give me some advise, my brother has dangerous driving, driving whilst disqualified, failing to report accident, failing to stop after accident and using a vehicle while uninsured which shows up on his basic dbs. He was convicted of these offences 15 year ago he did receive suspended sentence for offences but also ended up doing a custodial sentence aswell. He was sentenced to 14 months but was released after 3 months. He was over the age of 18 at the time. Will these ever come off.
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Jeanette Miller
on December 2, 2022Hi Kim,
Thank you for getting in touch with us.
As your brother was convicted 15 years ago, his conviction should now be considered spent. In other words, he does not have to tell anyone about the conviction unless he is asked to do so. Moreover, the convictions should not show up on a basic DBS check.
However, as he received a custodial sentence, this will always show up on all the other DBS checks (Standard, Enhanced, Enhanced with barred list).
Kind regards
Geoffrey Miller Solicitors -
May
on November 30, 2022Hi there,
Thanks for your help in advance. I have a TT99 (Totting up after reaching 12 points within 3 years from speeding) on my driving license, which resulted in a 6 month ban sentenced January 2021 and ended July 2021. Not required any court appearance, no fine given. Will this appear on my enhanced DBS check, and will this need declaring on future job applications (in jobs not requiring driving)? There is no mention on whether it is “spent” or not, just a “disqualification” that states that it has ended in July 2021.
Thanks -
Jeanette Miller
on December 2, 2022Hi May,
Thank you for getting in touch.
A driving endorsement will be considered spent 5 years after its start date. Your conviction, therefore, is currently considered ‘unspent’ and you will need to declare it if you are asked about unspent criminal convictions.
However, speeding offences are not recordable on the police national computer and so they will not show up on any DBS checks.
We hope this assists
Geoffrey Miller Solicitors -
DK
on January 19, 2023Hi, I have just gone through a Single Justice Procedure over a mobile use offence. I have paid a court fine and accepted a 6 points endorsement on my licence (like Tom Tugendhat, one of our Prime Minister candidates). Will this appear on my DBS check?
Best,
DKWill this
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DK
on January 20, 2023Hello,
I tried posting this before, but it disappeared.
If I have accepted a court fine as a result of a Single Justice Procedure for a mobile use offence, will that show up on my DBS check?
Thank you for your help,
Best,
DK -
Jeanette Miller
on January 20, 2023Hi DK,
Using a mobile phone whilst driving is not a recordable offence, so it will not appear on a DBS check. That being said, even though you did not attend court, it is a criminal offence so you are required to declare it if you are asked if you have any criminal convictions until it is spent. Licence endorsements are considered spent after 5 years.
You can check your licence at https://www.gov.uk/view-driving-licence, by entering your driving licence number, national insurance number and postcode. This will show you points currently endorsed on your licence and any historical endorsements.
We hope this helps,
The Geoffrey Miller Team -
Suzanne
on January 23, 2023Hi,
In October 2018, I had a cd10 (£100 fine and 3 points, (fixed penalty) Will this show on an an enhanced dbs check, and does it need to be declared under the following question? ‘Do you have any spent adult cautions, (simple or unconditional), or spent convictions which are not ‘protected as defined by the rehabilitation of offences act 1974? -
Jeanette Miller
on January 27, 2023Dear Suzanne,
Thank you for your query.
Driving without due care and attention is considered a non-recordable offence and therefore would not appear on a standard DBS check as long as it has not been committed alongside a recordable offence e.g. drink driving, or acts of dangerous driving.
Since this is not a recordable offence, it will not appear on a standard DBS check. However, on an Enhanced DBS check, the police have the discretion to record any additional information that they may consider ‘relevant’ to note and so it may appear if the reviewing officer considers it relevant.
Please note this is still classified as a criminal offence and if you are asked if you have any criminal convictions, you must declare it if it is not ‘spent’. For licence endorsements, convictions are considered spent after 5 years.
As you received the endorsement on October 2018, your endorsement will be considered ‘spent’ under the Rehabilitation of Offenders Act 1974 on October 2023.
Kind regards,
The Geoffrey Miller Team -
G
on February 18, 2023Hi,
I was pulled over for doing 111mph on the motorway, subsequently I got a letter about this. The charge was for speeding over 70mph.
I completed the online form as guilty. Could the charge be changed? If not, would it appear on an enhanced DBS? I am a teacher.
Thanks. -
Jeanette Miller
on February 20, 2023Thank you for getting in touch.
It is very unlikely that the charge will be changed at this stage, following your guilty plea. However, if you think there is an error you must contact the Court without delay.
If you have pleaded guilty plea, you will be convicted for the speeding offence. This is not a recordable offence as it does not involve a custodial sentence. It will therefore not appear on any DBS check.
If you require any assistance, please contact our office on 0161 274 5580.
Best regards,
The Geoffrey Miller Team -
Callum
on February 24, 2023I was involved in an accident where i hit a cyclist, at the time i stopped and asked if the cyclist if they want to exchange details but the cyclist got back on their bike and rode off without saying anything. A few days ago i received a letter from the police accusing me for failing to stop after an accident and driving without due care and attention. They said i need to provide the details of the driver within 28 days. I haven’t replied to the letter yet as i still have time to fill in the driver details and send it back
I just got a new job which requires me to do a enhanced DBS check, i’ve already applied for the DBS check and was wondering if the alleged offences (failing to stop after an accident and driving without due care) will show up on my Enhanced DBS as i have not been convicted yet nor have i given my details yet
Thanks
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Jeanette Miller
on February 27, 2023Hi Callum,
Pending allegations or matters can sometimes be highlighted by the police on an enhanced DBS if they feel it is relevant to that particular role. However, as you have not yet nominated yourself as the driver or been charged with an offence, it is very unlikely it will be disclosed at this stage.
Please contact us on 0800 1389 123 if you require any further advice or would like to instruct us to assist you with the motoring prosecution.
We hope this helps,
The Geoffrey Miller Team. -
Marcelo
on March 9, 2023Hi, I just came back from Italy and I suspect that I might have got a speeding fine with the car rental. I’m not sure if I was over 40 km/h above the speed limit, if yes, my Driving License would be suspended for 1-3 months. However, if I receive the fine above 40 km/h and get a Suspension in Italy, will this suspension apply for driving in UK as well or if I pay the fine I can’t drive in the EU only? I have a UK driving license.
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Jeanette Miller
on March 10, 2023Dear Marcelo,
Thank you for your question.
A ban that is imposed in Italy would not apply in the UK as the general rule is that driving endorsements and disqualifications received in other countries do not transfer between borders.
Therefore, you would still be able to drive in the UK despite receiving a driving suspension in Italy.
Kind regards,
Geoffrey Miller Solicitors -
Osman
on March 13, 2023Hello,
I was pulled over by the police two months ago for no insurance on a provisional licence.
1) How long do the courts have in order to issue an SJPN or summons?
2) Will these appear on my DBS?Thank you
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Jeanette Miller
on March 13, 2023Dear Osman,
Thank you for your enquiry.
The offence of no insurance is a summary offence which means the police have 6 months to issue an SJPN or lay the information with the Court. The offence is not recordable and therefore will not appear on any DBS checks.
We hope this information assists you. if you require any further assistance or representation, please call our office on 0161 274 5580.
Kind regards
Geoffrey Miller Team -
cody
on March 24, 2023Hi. I received an in10 fpn letter and paid immediately. however I forgot to send my driver details and 28 days have now elapsed. I have heard that in10 does not show anywhere on any check when issued with fpn. however if the police take me to court because I didn’t not complete the fpn conditions fully. would this result in a court conviction? subsequently showing up on dbs checks and a criminal record? I am a junior doctor.
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Jeanette Miller
on March 29, 2023Hi Cody,
If the no insurance matter is taken to court and you are convicted, it will be a criminal conviction which you would need to declare if asked. However, driving without insurance is not a recordable offence and so would not appear on a DBS check.
Please give us a call on 0161 274 5580 if you need assistance with this matter.
We hope this helps
The Geoffrey Miller Team -
James
on April 11, 2023Hello
I’d be grateful for some advice. I was convicted at court for careless driving 2 years ago. I got a 6 month ban and a fine.
From reading other comments, I understand that this is non-recordable so will not show up on a DBS. I am just confused around whether the conviction is ‘spent’. From the table on this page it appears that it would have been spent 1 year from the date of the conviction/ fine given at court. Is that correct?
Many thanks. -
motoroffence
on April 12, 2023Hi James,
Thank you for getting in touch. You are right, this is a non-recordable offence so it will not show up on a DBS check. The fine you received became spent after one year from the date of conviction whereas the ban is a driving endorsement and as such it will become spent 5 years from conviction. Your conviction is therefore still unspent.
We hope this assists.
Kind regards,
Geoffrey Miller Solicitors -
Daz
on May 15, 2023Hi,
I was convicted of driving without due care and attention (careless driving). I was given 6 points and £200 fine. Do I need to disclose this when asked if I have a criminal conviction on forms?
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motoroffence
on May 17, 2023Dear Daz
Careless driving is a criminal offence under section 3 of the Road Traffic Act 1988. Therefore, you will have to declare it as a criminal conviction on forms if required. The conviction will become “spent” 5 years from the date of your conviction.
We hope this assists you.
The Geoffrey Miller Team
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Johnathan Johny
on May 30, 2023I was done for driving otherwise than in accordance with a license. I had the choice of either attending court or doing it under the single justice procedure. I went to court out of choice as I was worried about the fine since I am only a 19 year old student relying on student finance. I got 3 points and a 40 pound fine. Will this show up on a dbs check?? And will this need to be disclosed when applying for jobs unrelated to driving?? And is it considered a criminal conviction??
Many thanks
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motoroffence
on May 31, 2023Dear Johnathan
Thank you for your enquiry.
This offence is not a recordable offence and will not appear on DBS checks. However, it is a criminal conviction and will be considered unspent for 5 years from the date of your conviction.
We hope this assists.
Geoffrey Miller Team
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T Shaikh
on May 30, 2023Hi I was given LC20 (on provisional license) and CU50 at the same time. Would these go on criminal record or PNC?
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T Shaikh
on May 30, 2023Police has told me LC20 and CU50 I’ve got at the same time and 3 points each will be endorsed to my license. But also told me that I will receive a summons from magistrates court. How long it will take to get summons from court? Are these recordable e.g. on criminal record/PNC?
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motoroffence
on May 31, 2023Dear Mr Shaikh,
Neither of the mentioned offences are recordable.
The timeframe for a summons to be sent varies greatly, especially when the courts are busy and there is a backlog. However, there is a time limit of six months to lay the information for the offences you have mentioned. Therefore, if it has been longer than that when you receive your summons, please contact us to obtain further advice and assistance.
We hope this helps.
The Geoffrey Miller Team.
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Yosif Thamer
on June 11, 2023Hi, I have a DR10 about to get my ban lifted in August, I’m about to apply for a job in Dubai, I was wondering if this would show up overseas at all for a work Visa in UAE for example.
Thanks,
-
motoroffence
on June 12, 2023Dear Yosif
Thank you for your enquiry.
Drink driving is a recordable offence which means it will be disclosed on all DBS checks in the UK currently as it is unspent. We are unable to advise you on work visas in UAE and we recommend that you obtain advice from an immigration solicitor instead.
Yours faithfully
Geoffrey Miller Solicitors
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EJ
on June 13, 2023Hi, I was stopped on the street by police community staff for ignoring the signs (unintentionally as I was rushing to collect my child) whilst cycling on a busy junction and was given a verbal warning and noted down my details such name, address, DOB…I was told this was a warning and it’s not a criminal record but the next one will be a different story. Will this show on any vetting checks at all and affect my job application/ employment? Should I go to my local police station to confirm this and if it shows on the PNC? And can I have it removed? Thanks
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motoroffence
on June 20, 2023Hi EJ,
This kind of local reporting is not kept on the PNC. If you were being given a caution or any other reprimand this should have been made very clear to you. It is technically possible for the police to divulge information that has been noted locally in an enhanced DBS check, if they feel it is relevant to the job you are applying for, however, in this situation (a very minor motoring offence) it is very unlikely. Local officers may keep an eye out for your vehicle in future, if your registration was noted down.
We hope this helps.
The Geoffrey Miller Team
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Johnathan Johny
on June 16, 2023Will LC20 conviction show up in relevant information section in the enhanced dbs check?? If so, what jobs would the police think this conviction is relevant to????
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motoroffence
on July 7, 2023Dear Johnathan,
Thank you for your question.
Driving otherwise than in accordance with a licence (LC20) constitutes a non-recordable offence which means that it will not show on a basic, standard or enhanced DBS check so long as it was not committed alongside another recordable offence. A recordable offence usually carries the risk of a prison sentence.
Nevertheless, it is still classified as a criminal offence so must be declared to any employer if this information is specifically requested before it becomes ‘spent’. The licence endorsement will be considered spent after 5 years from the date of conviction.
Kind regards,
The Geoffrey Miller Team
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Lorraine
on June 23, 2023Hi there
I work with young people, and my enhanced DBS shows a £25 fine and 8 points for a motoring offence in 2003, plus a community punishment order and £350 fine for a social securty offence in 2003, will this affect me being able to work with children, My boss is saying the enhanced DBS must be clear, but these offences are non related, they happened 20 years ago when I was immature – thanks -
motoroffence
on June 30, 2023Dear Lorraine,
Thank you for your query.
Unfortunately, this is not within our scope to advise on. We recommend getting in touch with your local Citizen’s Advice Bureau or an employment solicitor for further information.
Kind regards
The Geoffrey Miller Team
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OE
on July 3, 2023Hello,
I was recently given penalty points and a fine for LC20 & IN10 (on the same occasion) by a magistrate court.
Will these appear on an enhanced DBS?Best regards.
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motoroffence
on July 7, 2023Hi Osman,
Both offences of driving without insurance and driving otherwise than in accordance with a licence are non-recordable offences.
This means that they are unlikely to have been recorded in the police national computer unless they were committed alongside a recordable offence.
Non-recordable offences are not included in a standard DBS check. However, enhanced DBS checks can include information from local police records and therefore could include mention of these offences.
We hope this helps,
The Geoffrey Miller Team
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Mike
on July 11, 2023Hello
I have been pulled over by police officer as they saw me speeding with another vehicle. They have given me a verbal section 59 warning and made me sign on their notebook instead of giving me the speeding tickets. Will the section 59 warning show on my DBS check ?
Kind regards
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motoroffence
on August 3, 2023Dear Mike,
Thank you for your query.
It is difficult to ascertain a definitive answer because the police have the ultimate discretion to record this warning as they see fit. Ordinarily, it is unlikely that a verbal warning will appear in a standard DBS check. However, the warning may appear on an enhanced DBS check if the police deem it relevant to do so.
If you receive any further paperwork, please call our office for further advice and assistance.
Kind regards,
Geoffrey Miller Solicitors
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Andrew
on August 1, 2023Hello
I have been rejected for a retirement visa to Spain due to a drink drive conviction in December 2012. Will this ever be removed from the ACRO police certificate? I believe it comes off the enhanced DBS disclosure at the end of this year?
Thanks -
motoroffence
on August 18, 2023Hi Andrew,
Depending on the sentence you received, your understanding is likely to be correct. It is unclear from the information provided whether a custodial sentence was imposed which would change our stance, as a prison sentence whether or not suspended, will always be disclosed:
You are correct, criminal convictions for drink driving will appear on standard and enhanced DBS checks for 11 years and so yours should be filtered by the end of the year (depending on the date of your conviction). With that being said, we are not immigration lawyers and cannot comment upon the requirements of an application to Spain and whether the information provided for the visa would fall outside this criteria. We would recommend you contact solicitors who specialise in immigration matters to discuss your enquiry further.
We hope this helps.
The Geoffrey Miller Team
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Jack
on August 20, 2023I have a totting up 12 points or more disqualification on my driving record. They were all for speeding. Will this show up on an advanced DBS?
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motoroffence
on August 23, 2023Hi Jack,
As long as the offences that led to you totting up were not recordable offences (speeding is not) they should not appear on an enhanced DBS check.
We hope this helps,
The Geoffrey Miller Team
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Anonymous
on September 8, 2023I recently got convicted for failing to provide and got took to court which led to me getting 6 month ban and a fine, would this come up on the standard and enhanced dbs checks and if so how long would they be declared for, further when will they be removed
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motoroffence
on September 12, 2023Thank you for your query.
The conviction will show up on both the standard and enhanced DBS checks. The conviction will no longer be disclosed on these checks once 11 years have passed since the date of the conviction.
Kind regards
The Geoffrey Miller Team
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Jawad
on October 31, 2023Hi, my license ass endorsed with LC20- Driving otherwise than in accordance with a license since I was caught driving alone with a provisional license. Would this show on dbs checks??
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motoroffence
on November 3, 2023Hi Jawad,
Driving otherwise than in accordance with a licence (LC20) carries penalty points only and is a non-recordable offence. This means that it is unlikely to have been recorded in the police national computer unless it was committed alongside a recordable offence. A recordable offence usually carries the risk of a prison sentence.
Non-recordable offences are not included in a standard DBS check. However, enhanced DBS checks can include information from local police records and therefore include mention of this offence. Furthermore, if you are asked if you have any criminal convictions, you must declare it, if it is ‘unspent’. Licence endorsements are considered ‘spent’ after 5 years from the date of conviction.
We hope this helps,
The Geoffrey Miller Team
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SARAH
on November 28, 2023Hi, I was endorsed with 6 points and a £76 fine for an SP50 offends in June this year. I am applying for a job in healthcare. My Enhanced DBS has shown ‘nothing recorded’ for any eligible criteria. Am I required to disclose to the SP50 to my potential employer when they ask if I have any convictions that are not eligible for filtering under the exemption order?
Thanks -
Motor Offence
on December 14, 2023Dear Sarah,
Speeding is not a recordable offence and therefore would not appear on a DBS check.
Many employers require all unspent convictions to be disclosed and it is always best to disclose this information and not to withhold it. However, the wording of the question that you have described seems to be related to more serious offences that are not eligible for filtering, which would not apply to speeding. Whether an employer would want to know about a speeding offence depends heavily on the industry that you work in.
Kind regards,
The Geoffrey Miller Team -
Luke
on January 22, 2024Hi I was convicted of drug driving when I was 17 in 2020 and had a 1 year ban will this still show up on a basic DBS check?
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Motor Offence
on January 25, 2024Dear Luke,
Thank you for your query.
A conviction for drug driving becomes ‘spent’ after 5 years from the date of your conviction. Unspent convictions will appear on enhanced DBS checks unless they are filtered.
If you were under the age of 18 at the time of the offence, the conviction will be filtered from your record after 5.5 years, if it is your only offence, and it didn’t result in a custodial sentence. Your conviction appears to have been in 2020; therefore, this has not yet been filtered.
Your conviction will stay on the police national computer (PNC). For more information, please check our DBS check blog.
We hope this assists.
The Geoffrey Miller Team
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Jawad
on February 3, 2024When i was 17, i was convicted of UT50, LC20 and IN10. I am now 25 years old, this happened 8 years ago. Have these offences been filtered? I didn’t go to jail for them.
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Motor Offence
on February 15, 2024Dear Jawad,
Thank you for your query.
Since you were convicted of these offences when you were still under the age of 18 and these are all non-specified offences, these convictions were disclosable on a Standard or Enhanced DBS certificate for less than 5 and a half years. As it has been longer than 5 and a half years, the convictions will no longer be disclosed on a Standard or Enhanced DBS check.
You can find more information on this on:
https://www.gov.uk/government/publications/dbs-filtering-guidance/dbs-filtering-guideIf you have any further queries, please do not hesitate to reach out to us or by leaving another comment on our website or by calling 0800 1389 123.
Kind regards,
The Geoffrey Miller Team -
Vicky
on February 24, 2024Hi I have just received a fine for the offence ‘drive motor vehicle on road when displayed badge was cancelled’ this is in reference to a blue disability badge. Is this a criminal conviction? I work in a children’s nursery, will this show up on my enhanced dbs and does it need to be declared? If it does, How long will it show up for? Thanks
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Motor Offence
on March 1, 2024Dear Vicky,
Thank you for your query.
As this is considered to be a misuse of blue badge offence, this unfortunately is a criminal offence which carries a fine of up to £1,000 and a criminal conviction.
The conviction will continue to show up on enhanced DBS checks for 11 years following conviction if:
- You are over the age of 18.
- The conviction did not result in a prison sentence.
- It was not a ‘specified offence’ i.e. a more serious offence such as ABH or sexual offences.
We hope this helps. If you require any assistance, please get in touch.
Kind regards,
The Geoffrey Miller Team -
Mike Shiner
on April 18, 2024Hi I am 45 years old now and was convicted for the following offences when I was 29 years old in 2008:
1) Drink and Drive Conviction 11/03/2008,
FINED £185.00 and a COST of £60.00
DISQUALIFICATION FROM DRIVING for 12 MTHS and my DRIVING LICENCE was ENDORSED.2) Drink and Drive Conviction 23/08/2008;
FINED £400.00 and a COST of £70.00
DISQUALIFICATION FROM DRIVING for 3 years and my DRIVING LICENCE was ENDORSED.So basically I was disqualified for 3 years in total and my question now please is: When will this be totally filtered (if at all) from a standard and enhanced DBS?
(It’s already been filtered from a basic DBS)
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Motor Offence
on April 22, 2024Dear Mike,
Thank you for your question.
Both of your convictions will have been filtered as it has been over 11 years from the conviction dates, and neither resulted in a prison sentence or a suspended sentence. Your convictions should have been removed from appearing on standard and enhanced DBS certificates since 2019.
Convictions will only continue to show on DBS checks after 11 years if they are exempt from filtering, these specified offences are more serious and not applicable to your case. Enhanced DBS checks can also include police intelligence, which means that the police could, in principle, disclose information about offences that have been filtered from an enhanced certificate if they felt that they were relevant to the position that is being applied for and ought to be disclosed.
We hope this helps, if you require further assistance, please contact us.
Kind regards,
The Geoffrey Miller Team -
Anon
on April 26, 2024Dear Team,
I was convicted of a S144A of the RTA 1988 offence – registered keeper of an uninsured vehicle that was convicte dvia a single justice procedure notice. The only penalty in the sentence was a fine, no points, endorsements, disqualification etc.
Will this show up in my DBS and is this something I need to disclose to insurers?
Thank you
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Motor Offence
on April 26, 2024Hello,
This offence is not a recordable offence, and therefore would not appear on a DBS check.
This offence would have been considered spent once the fine was paid and was not endorsable, so it does not need to be disclosed to your insurers if they do not ask specifically.
Kind regards,
The Geoffrey Miller Team
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