theForum

Getting cautions or convictions expunged


https://forum.unlock.org.uk/Topic26787.aspx

By coco98 - 27 Dec 19 4:25 PM

Hi all

I’m new to the Forum but 7 years ago I was arrested at a tube station by BTP I believe wrongly.
I was out for work drinks and I did get v drunk, prob had 2 bottles of wine or more so I admit to
being v drunk. After leaving the restaurant I got on tube but fell asleep and missed the stop which I needed to get the over ground train home. I ended up further down the line so I got up startled and made my way to the ticket hall to go back through barriers to get back to the station I needed. Pretty sure I tried to use my season tkt instead of my oyster to do this. I had the correct travel tickets but got wrong one out, subsequently two plain clothed British transport officers must’ve been in wait and they grabbed me from behind, I was petrified as I didn’t know what was going on. Long story short I
lashed out and kicked one of them, they told me to leave station i said I didn’t know how to get back they said tough get a bus i said I want to get tube they arrested me, took me to station, kept me there for few hours, I was terrified never experienced anything like this before never been in any trouble. They said I was arrested for fare evasion, drunk n disorderly and assaulting a police officer. They told me I’m getting caution but I’ve been v lucky and should be grateful. But if I wanted to see a sol I’d have to wait hours and they could prosecute me so I felt like taking the caution was my only real option. They dropped the first evasion charge after going my bag so still drunk but scared and In shock I signed.

Fast forward 7 years it’s causing all sorts of problems with travel and I want to get another job as my new manager is not a nice person but agencies have told me I must declare everything but I’m
pretty sure since 6 years has elapsed and common assault is on the filtered list (pretty sure assault on PO in their duty is common assault) then I don’t have to declare it.

So what was supposed to be a slap on the wrist for an event one night that shouldn’t have ended in an arrest is literally ruining my life. I’ve decided to try to get it expunged. I’ve hired a guy called David Wacks from CRB Problems, hes helped people to clear their names. Just wondering if any of you know him, heard of him or have gone down same route?

Thanks
By AB2014 - 7 Jan 20 10:22 AM

BenS - 2 Jan 20 10:29 AM
coco98 - 27 Dec 19 4:25 PM
Hi allI’m new to the Forum but 7 years ago I was arrested at a tube station by BTP I believe wrongly.I was out for work drinks and I did get v drunk, prob had 2 bottles of wine or more so I admit to being v drunk. After leaving the restaurant I got on tube but fell asleep and missed the stop which I needed to get the over ground train home. I ended up further down the line so I got up startled and made my way to the ticket hall to go back through barriers to get back to the station I needed. Pretty sure I tried to use my season tkt instead of my oyster to do this. I had the correct travel tickets but got wrong one out, subsequently two plain clothed British transport officers must’ve been in wait and they grabbed me from behind, I was petrified as I didn’t know what was going on. Long story short Ilashed out and kicked one of them, they told me to leave station i said I didn’t know how to get back they said tough get a bus i said I want to get tube they arrested me, took me to station, kept me there for few hours, I was terrified never experienced anything like this before never been in any trouble. They said I was arrested for fare evasion, drunk n disorderly and assaulting a police officer. They told me I’m getting caution but I’ve been v lucky and should be grateful. But if I wanted to see a sol I’d have to wait hours and they could prosecute me so I felt like taking the caution was my only real option. They dropped the first evasion charge after going my bag so still drunk but scared and In shock I signed.Fast forward 7 years it’s causing all sorts of problems with travel and I want to get another job as my new manager is not a nice person but agencies have told me I must declare everything but I’mpretty sure since 6 years has elapsed and common assault is on the filtered list (pretty sure assault on PO in their duty is common assault) then I don’t have to declare it. So what was supposed to be a slap on the wrist for an event one night that shouldn’t have ended in an arrest is literally ruining my life. I’ve decided to try to get it expunged. I’ve hired a guy called David Wacks from CRB Problems, hes helped people to clear their names. Just wondering if any of you know him, heard of him or have gone down same route? Thanks

Does your new job require a standard or enhanced DBS check? This should only be the case if you work with children or vulnerable people, or unsupervised with the public (e.g. bus/taxi driver), or in a very small number of sensitive roles in finance and security. Pretty much any other job, and you do NOT have disclose "everything".

If your employment is not one of the small number of jobs exempt from the Rehabilitation of Offenders Act, then for employment purposes you have no convictions and can truthfully tick "no" to all questions about convictions. Cautions are spent immediately.

Whether you have to declare has nothing to do with the type of offence (e.g. common assault, GBH, murder) but the type/length of the conviction.

As this was 7 years ago, as these were convictions, they would be filtered by now, so they shouldn't be shown on any DBS checks.