Question On Enhanced DBS Check

[Piro]

Around June last year I got into trouble with Thameslink for having the wrong ticket on the train. They took my details and said they would contact me. They later wrote to me, asking me to state my side of the story, which I did. Shortly after this, a medical emergency of a loved ones forced me to leave the UK for a month. By the time I got back, I found two letters from Govia Thames link. The first one said they were willing to forget the whole thing if I made a contribution to the prosecution team, plus cost of ticket, totalling £71, withing two weeks. Obviously I wasn't in country and two weeks had lapsed. The second letter was a court pack. They had escalated the issue to court and were now seeking £140. I pleaded not guilty, and sent it back to court, and later received court date.

When I got to court, before the court sat, I told the train prosecutor that I was not in the country to pay the initial £71. He now offered me an out of court settlement of £200. I took out my bank card and paid, and he wrote "settled out of court" on my case file, and that was the end of that. I didn't even step into court room

I'm am now seeking employment with a government agency known to do enhanced, elaborate DBS checks

My question is, what are the chances of this out of court settlement coming up? Is this recorded on the police records? Is this part of a criminal record?

Thank you

 

[WesternLancer]

Around June last year I got into trouble with Thameslink for having the wrong ticket on the train. They took my details and said they would contact me. They later wrote to me, asking me to state my side of the story, which I did. Shortly after this, a medical emergency of a loved ones forced me to leave the UK for a month. By the time I got back, I found two letters from Govia Thames link. The first one said they were willing to forget the whole thing if I made a contribution to the prosecution team, plus cost of ticket, totalling £71, withing two weeks. Obviously I wasn't in country and two weeks had lapsed. The second letter was a court pack. They had escalated the issue to court and were now seeking £140. I pleaded not guilty, and sent it back to court, and later received court date.

When I got to court, before the court sat, I told the train prosecutor that I was not in the country to pay the initial £71. He now offered me an out of court settlement of £200. I took out my bank card and paid, and he wrote "settled out of court" on my case file, and that was the end of that. I didn't even step into court room

I'm am now seeking employment with a government agency known to do enhanced, elaborate DBS checks

My question is, what are the chances of this out of court settlement coming up? Is this recorded on the police records? Is this part of a criminal record?

Thank you

my understanding is that so long as the process was completed properly on the admin side, and the court informed that the case was withdrawn then there was no legal action taken and thus nothing that could show on DBS checks (because you were not taken to court) - however, it may be worth contacting the court to see if this was indeed the case (you know the date it was listed on etc) - also did you keep proof of payment of the settlement? If not get it from your bank records and keep it safe long term.

If there is any doubt however, the usual advice here I think would be to tell the employment body if you have a chance to do so - it is often mentioned on here that not informing employers of such matters is considered worse than the matter itself.

 

[Piro]

Thank you

 

[Pushpit]

For sure this won't show in eDBS or DBS. The only vaguely related area would be if BTP had been involved in this and had recorded issues relating to the case, even then it's a bit unlikely. Had you received a full guilty verdict (a) you would know because HMCTS would write to you and (b) it's still unlikely to end up on eDBS, though formally there is a matrix that is used to determine relevance. With eDBS and DBS, you will see the contents before the employer in almost all cases.

I would answer all questions as posed, and in full, but unless you are asked to disclose all spent convictions, cautions "and related events and offences" I wouldn't go out of my way to mention it. So in short I think you got a narrow escape here, and I'm sure you want to avoid any reoccurrence.

 

[Trainbike46]

my understanding is that so long as the process was completed properly on the admin side, and the court informed that the case was withdrawn then there was no legal action taken and thus nothing that could show on DBS checks (because you were not taken to court) - however, it may be worth contacting the court to see if this was indeed the case (you know the date it was listed on etc) - also did you keep proof of payment of the settlement? If not get it from your bank records and keep it safe long term.

If there is any doubt however, the usual advice here I think would be to tell the employment body if you have a chance to do so - it is often mentioned on here that not informing employers of such matters is considered worse than the matter itself.

It is possible to request a copy of a DBS check in advance for yourself - which may be worth doing, just for peace of mind

 

[Pushpit]

You can only request a copy of the basic DBS, which is very different from an enhanced DBS, and indeed the standard DBS. These require some linkage to a job application, volunteer role or similar before they are generated, but almost always they are shown to the applicant before the employer.

 

[Trainbike46]

You can only request a copy of the basic DBS, which is very different from an enhanced DBS, and indeed the standard DBS. These require some linkage to a job application, volunteer role or similar before they are generated, but almost always they are shown to the applicant before the employer.

you can do a subject access request on both the DBS organisation and on ACRO/the PNC. This should give you an overview of everything that could show up on an enhanced DBS check.

However, not all information held is necessarily disclosed on an enhanced DBS check though, which is something the OP should keep in mind

I should have stated clearer that that is what I meant in my original reply. The events described by the OP are unlikely to be on the Police national Computer, but doing a subject access request would allow the OP to be sure, for peace of mind.

 

[Piro]

Thank you all

 

[island]

If it is an actual enhanced DBS check, this wouldn't appear.

Higher standards of security vetting such as BPSS, SC, and DV may well find it, so it's in your interest to be upfront and honest about your situation.