On my mental health risk assessments forms I still have minor convictions listed there that are now classed as spent. I have DBS proof of this, on basic DBS it says CLEAR. Should my medical reports still be declaring convictions 10 years after convicted when really they are minor convictions like drunk and disorder and only fines. Also on my community treatment order renewal the tribunal said these are not relevant anymore.
Should they still be being declared?
Page 4.2.2
https://assets.publishing.service.g…/attachment_data/file/925097/wca-handbook.pdf
Under the Rehabilitation of Offenders Act 1974, after the expiry of a rehabilitation period a conviction becomes “spent”. The rehabilitation period varies in length, depending on the sentence imposed; some sentences can never be spent.
Once a conviction becomes spent, the person is treated for a number of purposes as if they had never been convicted of the offence in question. This subject merits further explanation.
The Rehabilitation of Offenders Act makes it an offence for anyone with access to criminal records to disclose a spent conviction unless authorised to do so.
The intention of the legislation is that, once a conviction becomes spent, any question relating to criminal convictions in, e.g., job or insurance application forms, can, with certain exceptions, be answered in the negative.
Only malicious allegations of spent convictions would carry a risk of legal action for defamation of character, if it could be proved by the claimant that the allegation was made with malice.
Within a LCW/LCWRA assessment it is necessary to avoid reference to any conviction - spent or otherwise - unless such information has a direct bearing on the claim.