Dbs and caution- HELP

[Sandra1977]

Hi
just looking for some advice. New job and dbs check being carried out.
my current employer carried out last dbs check 2 years ago and never head anything

im worried as I accidentally left a shop with an item still hanging on pram in 2016. I was flustered and it was an accident. The security was awful, called police , and i received a caution in the post. Didnt have the money to challenge it so took it on the chin and that was it.
Stupidly didnt realise the implications of this

New employer has asked if i have had any cautions and i said no as i didnt think i had to disclose this under the rehabilitation act.

now reading internet further i think i should have . Im complete crippled with embarrassment about it though and really cant bring myself to call them and tell them.
I probably wouldn’t believe my story if i was hearing if from someone else and now feel it looks like im guilty and trying to hide it by not disclosing it.

im really really stressed about this. I really want this job and can’t function worrying about it.

if it does show are they likely to retract the job offer? Will they ask me about it?

how much detail does the dbs actually show about the offence?

[ULA]

The Rehabilitation of Offenders Act (ROA) permits the majority of convictions and all final warnings, reprimands and cautions to be classed as spent after a specific time frame, which is referred to as the rehabilitation period. So if the instance for which you were given a caution was in 2016 you will need to check whether it is now spent.

If you have a spent conviction, under the ROA, you have the legal right to not declare it. Most jobs are covered by the ROA, although there are some organisations and professional bodies that are exempt to ROA legislation, meaning the employer can request information regarding any spent or unspent convictions and / or cautions that you may have. So it will depend if your new employer falls within this category.

If your caution is spent then it will not show up in a basic disclosure if that is the level at which your new employer is carrying out a DBS.

[Sandra1977]

Ula

thanks so much for your response.

i looked back at some stuff that i can remember being around the same time and I actually think it might have been summer 2015 it happened.

From what i gather online Cautions become spent immediately upon issuing and are filtered from DBS after 6 years on basic checks

im sure because of the job type this is a standard check so it will still show. Its a role in the financial services

Because of the rehabilitation act , does this mean even if it shows on the check, i am under no obligation to tell them about it? Because its spent? Can they question me about it?

its all very embarrassing. I wish i had challenged it more at the time. I just accepted it as my mistake as i did leave the shop with the item but really, theft is only knowingly stealing, when it wasnt my intention.

[ULA]

I understand that you are very concerned about the situation, not sure if this link below will help if you have not already come across it:

https://www.gov.uk/government/public...r-2020-onwards

Have you thought about going back to the employer and saying that you may have misunderstood the ROA and your obligations and so you want to let them know you have a spent caution which as it was less than 6 years ago may show up a DBS check? At least that way you have met it "head on" so to say rather then being on the defensive if they question you about it when the DBS comes back.

Please try not to worry

[islandgirl]

I thought you had to agree to a caution? How was it issued in the post?

[Sandra1977]

islandgirl
yes it was issued by post. It was just a letter and it said i could either accept a caution (which i didnt fully appreciate the implications of) or proceed to court and defend myself. Like i said above, they had evidence i left the shop with the item so i didnt feel i had much of a defence. Only my word that it was a mistake and I was honestly so traumatised after it happened (and still am, do most of my shopping on line) that i just wanted to forget about it.
it was one of the worst experiences of my life. I cried so much , i was a mess , which upset my child ect. The security was awful and completely shamed me as a mother , making comments about shoplifting with a child etc.
even talking about it now makes me feel ill.

[islandgirl]

That makes sense thank you for explaining. I can imagine how distressing it must have been at the time and still now. As there seems to be a confusion about dates I think find out if it is spent as fast as you can. If it is, no need to declare. If it is not then perhaps it would be best to "get in first". Let's hope it is spent to remove the worry. Don't know how you find out but I am sure someone will!