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Jane – Not needing to disclose community resolutions

Jane contacted Unlock as she was extremely concerned about a DBS check she needed for her new job. One year earlier she had walked out of a shop with a make-up tester and was stopped by a police woman and issued with a ‘yellow ticket’. The police woman told her that it wasn’t a conviction but hadn’t really explained what it was. Jane wanted to know whether she had to declare it to her employer and was worried that it would show up on her DBS.

Jane had contacted another organisation who told her that it was a criminal conviction, it would appear on her DBS Certificate and that it would be spent after 5 years. Jane wanted a second opinion from Unlock.

Once we understood her situation, we were able to confirm that Jane had been given a Community Resolution Order which was not a conviction and didn’t have a rehabilitation period. We told Jane that if she were having a standard DBS check then it would definitely not be disclosed and if she were having an enhanced DBS, it was highly unlikely that it would be disclosed under ‘Additional Information’ .We advised Jane to say nothing to her employer until she received her DBS Certificate. We also told her that she certainly shouldn’t hand in her notice as the chances of the CRO coming up was very small.

At the time, Jane told us:

“‘If it is disclosed, I’m going to go onto benefits because I can’t bear the idea of disclosing to my employer. She is a lifelong friend and neighbour. It would ruin my life more than unemployment would. I’ve already written to the police highlighting my situation, but I really think it will be back to sickness or unemployment benefit for me. The other option for me would be to simply hand in my notice and get the DBS to stop the check”.

Jane took our advice and waited for the DBS Certificate. There was no mention of the Community Resolution Order and Jane is thoroughly enjoying her new job. She said:

“I found everything about Unlock great – the information from the advisors, the website and also the forum. I’m in work and I would have definitely handed in my notice were it not for Unlock.”

 

Notes about this case study

This case study relates to Unlock’s Helpline.

Important links relating to this case study include our information on community resolution orders and what is disclosed on enhanced disclosures.

Names and details have been changed to protect the identity of those involved.

 

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