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Deletion of old conviction information


Deletion of old conviction information

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charh777
charh777
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"According to the Home Office, a police caution is a formal warning given to adults who admit they are guilty of first-time minor offences, such as vandalism or petty theft. According to the Magistrates' Association, a minor offence is one triable only summarily. Cautions are not given to young offenders (those aged 17 and under), who instead are given 'reprimands' and 'final warnings'." Yes I would query this with them it should not be recorded as a Caution if you were under 18 at the time of the offence.
charh777
charh777
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"Cautions
Cautions are given to adults aged 18 or over for minor crimes - eg writing graffiti on a bus shelter.

You have to admit an offence and agree to be cautioned. If you don’t agree, you can be arrested and charged.

A caution is not a criminal conviction, but it could be used as evidence of bad character if you go to court for another crime." https://www.gov.uk/caution-warning-penalty
this is from the official government website I would seek legal advice about it.
charh777
charh777
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first you need to do a subject access request under the data protection act asking for the caution interview tape. If you didnt make a clear admission in the interview you have a chance of removing the caution. However they might have destroyed the tape after this amount of time. They found the tape of my caution given in 2009. You have no chance of removing the conviction. However a court ruling today means minor covictions might be filtered in the future.
charh777
charh777
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if you were 16 it cant have been a caution. Cautions are only given to over 18s. It would have been called a reprimand which is basically the same thing but for minors. I would still recommend doing a subject access request for everything they hold on you. Its possible it may not have been a formal reprimand that way you can see exactly what record you have its possible it was dealt with informally. The judge has told the government to introduce a filtering system so if a job asks to see your crb the police wont tell them about minor convictions(but what counts as minor hasnt been decided yet). However the government has said they will appeal so the ruling may be overturned.
MMS_guru
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I'm looking at my ACRO PNC report and it definately says Adjudication: CAUTION. So if I was 16, I wonder if this should be recorded as a caution. I'll write in and ask for clarification of this entry. If it's recorded incorrectly I'll ask for it to be removed.
MMS_guru
MMS_guru
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Thanks for the quick response charh777. I asked the Constabulary for everything and they advised it's all gone. I was 16 when I was cautioned and I think my Dad would have accepted the caution on my behalf. Out of interest, does filtered mean deleted?
MMS_guru
MMS_guru
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Has anybody had any success in getting old conviction information deleted from the PNC? I was cautioned 16 years ago and convicted 13 years ago, both are minor offences. I want them off my record ASAP. Shall I write to the Chief Constable, get a solicitor to look at it, or am I completely wasting my time pursuing this? Any advice greatly appreciated. I have a horrible feeling I'll be waiting until my 100th birthday confused confused

Post Edited (MMS_guru) : 29/01/2013 18:27:38 GMT


MMS_guru
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Thanks charh777. The covrering letter states "If you think that the information is incorrect please write to the above address quoting the reference number". So I'll get something off to ACRO Fareham ASAP. Cheers.
MMS_guru
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Local constabulary advised that this is an 'old' style caution, before the days of reprimands and warnings. I'd still be very grateful for any advice regarding the removal of minor caution/conviction from the PNC. The recent judgement is a positive step, hopefully the Home Office's appeal will be rejected. Thanks all.
RemorseA
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MMS_guru said...
Local constabulary advised that this is an 'old' style caution, before the days of reprimands and warnings. I'd still be very grateful for any advice regarding the removal of minor caution/conviction from the PNC. The recent judgement is a positive step, hopefully the Home Office's appeal will be rejected. Thanks all.



I agree with you about the 100th birthday issue....how many people live till they are 100? And I do not expect a 70 year old to get involved in battery, affray , drink driving etc
Hope your caution was filtered

Post Edited (RemorseA) : 01/12/2015 11:58:17 (GMT+1)


GO


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