How can I get a caution removed from my DBS? | LawHive - Solicitors & Lawyers Online
How can I get a caution removed from my DBS?
I would like to discuss getting a caution removed from my DBS. I am currently 25 years old with two children. I want to go to university to study midwifery but unfortunately have a caution for ABH on my record. It was issued in July 2013. I was 16/17 years old. I was attacked by a group of girls and physically defended myself. I accept it was wrong for me to retaliate physically but I was a teenager and didn’t know any better. I am now a adult, a mother of two who wants to better myself and start a career as a midwife. The last time I had an enhanced DBS check done (2020) for a Healthcare Assistant Role in a hospital, it came back I had a caution (I thought it would have been removed so didn’t declare it) and my offer of employment was withdrawn. I really want to challenge this and get it removed because it is really effecting me getting the jobs I want. Let me also add I’ve never been in trouble with the police since. Thanks in advance for any advice

Maynard Boysen

6th April 2022

+5

8 upvotes

Top Answer
NQ - just be honest about it when applying from now on,I think ur offer was withdrawn as u hadn't declared it so they feel they cannot trust u in said role. Just explain very clearly as u have done here and u are more likely to gain employment despite ur caution. My sister had, i think, 2 cautions on her file and as she was upfront and honest she has had work in care homes and is now studying to be an occupational therapist. At least then, wherever u are accepted, they know and will have hired u for ur honesty and capabilities.

Barbara Mead

6th April 2022

+3

6 upvotes

Nq. I'm sure it stays on for 10 years.. so would come of the middle of next year.

Mitchell Lesley

6th April 2022

NQ - enhanced DBS and above include all spent and unspent convictions/ cautions. ABH is not a conviction that gets filtered out, it will always appear on your DBS. Did you get any feedback when the offer of employment was withdrawn?

Marcelino Bookman

6th April 2022

1 upvote

NQ. I think recently rules changed so that some markers are removed entirely after 11 years (or less depending on age at time etc). You may find that the caution no longer appears when a DBS check is conducted

Kay Neal

6th April 2022

NQ. As per my above comment check out the following link on new filtering rules. https:// www.gov.uk/ government/news/ new-filtering-ru les#:~:text=Leg islation%20has% 20been%20change d%2C%20and,yout h%20warnings%2C %20or%20youth%2 0cautions.

Kay Neal

6th April 2022

1 upvote

NQ- but had a DBS with a warning for ABH. Same, 16/17yo when I did it. It came off my record at 30. ABH stays on an enhanced DBS for 15yrs you can appeal to have it removed, but it is unlikely it will happen. You best option is to declare it before they do the DBS they can do a. Risk assessment and it’ll be fine.

Jose Henderson

6th April 2022

Social Work qualified- Just be honest about it and explain how you've learned from it. Being honest from the outset is key. It's when people don't declare that it becomes an issue. However, to add, in November 2020 the DBS filtering guidelines changed and ALL youth cautions are no removed regardless of offence, so in all likelihood it won't actually come up

Russell Gamble

6th April 2022

+3

6 upvotes

Thank you all, that is really great to know! I was a silly kid and really hope it doesn’t hold me back again. Thanks again x

Maynard Boysen

6th April 2022

1 upvote

Natasha Wilson-Richards on Rule 1: Prefix all comments with your qualifications or NQ Read the group rules.

Admin

6th April 2022

Nq but in the exact position as you. I am starting ny midwifery degree in April this year. My case went to a dbs panel and even though I had convictions I was allowed onto the degree. You will be fine. Declare it and be open and honest. The time that has elapsed with no further police contact shows you are not that person

Odessa Kumar

6th April 2022

NQ - I am an RGN and another student while at university had a caution for possession of a controlled drug and another for shoplifting both girls declared this and had a fitness to practice meeting before starting the course and had to provide statements about what's changed or what they had learnt from this and a decision was made on that. Both girls completed the course, graduated and are RGNs now. You could always ring admissions and speak to them about it too.

Brad Cook

6th April 2022

3 upvotes

Nq. Your offer of employment was probably withdrawn because of dishonesty rather than the actual offence. I'd just be honest about it in future and it shouldn't cause too much of an impact being so old and your clean record since. I wish you all the best.

William Sturtz

6th April 2022

1 upvote

NQ- I have quite a serious conviction from when I was 16 on mine, I'm now 38 and have worked as a HCA for many years, I'm always open and honest about it and it's never once stopped me working in healthcare. I was also excepted to University to study Adult Nursing.

Erma Bobo

6th April 2022

1 upvote

NQ- when joining the armed forces i also had something similar that would affect my enlistment. I wrote to my head of police and asked for them to review and remove it as i am rehabilitated and joining the military and this is stopping my further rehabilitation They were very kind to lift it and i was successful in joining and made a career for myself. I would write to your head of police also

Larry Mccullough

6th April 2022

NQ - If you haven’t done so already You can submit a Subject Access Request from both your local force (or the force that dealt with it) and from ACRO. ACRO control the records held on the Police National Computer. In order to have information removed from your PNC record you would need to apply to ACRO- they have criteria listed on their website as to who can apply. To request the record be removed from local records (the police force’s systems) you would need to apply to the force directly, as they will have their own process for this. You would most likely need to provide a compelling reason as to why it should be removed if it is still within its retention period.

Kelli Green

6th April 2022

Thank you all for your help and advice x

Maynard Boysen

6th April 2022

NQ I have a similar situation. Was told a caution was removed when I turned 18/5 years, whichever came first. It didn't though!

Keith Allen

6th April 2022

1 upvote

NQ but a registered nurse with a caution. The NMC are quite forgiving with previous cautions, PROVIDED they’re not for violent offences. Your best bet is to be entirely upfront about it at the start, explain the whole situation and then the university will make a judgement on how to proceed.

Nicholas Wyatt

6th April 2022