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Removing convictions from the criminal data base.


Removing convictions from the criminal data base.

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serpico
serpico
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I have looked on the forum and am unable to find anything relevant to my query . If anyone knows of a thread that covers this topic, pleas supply link.

I always get this dread, sinking feeling when applying for voluntary place or job - the  DBS check. Its about time I fight back and get my criminal record corrected to show the truth.

I have three convictions and wish to get two removed as they didn't happen- Is this possible. They are convictions that i was forced into -I was young and stupid and was unable to think for my self. 

Thanks
BenS
BenS
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[quote]
serpico - 24 Mar 17 4:11 PM
I have three convictions and wish to get two removed as they didn't happen- Is this possible. They are convictions that i was forced into -I was young and stupid and was unable to think for my self.

Hi,

Regardless of whether you committed the crime, if you were convicted of it then it goes down on your record. The DBS doesn't care about the circumstances, only about what is on the file.

It's possible that you received poor legal advice or the police put pressure on you to confess, but the DBS is not interested in that as it thinks everything is black and white.

Here is some information about appealing a conviction:

https://www.gov.uk/appeal-against-sentence-conviction/magistrates-court-verdict (magistrate's court)
https://www.gov.uk/appeal-against-sentence-conviction/crown-court-verdict (crown court)

But if it is long enough ago and the convictions did not result in a sentence exceeding 4 years, then they will eventually become spent, and they will not appear on a Basic DBS Check. You'll only need to keep declaring them if you do a sensitive type of job like security, banking, the law, healthcare, children, etc.

Edited
7 Years Ago by BenS
RN1234
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Hi serpico

Can you please tell us if you attempted to remove your conviction? If so, did to work?
serpico
serpico
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BenS - 27 Mar 17 8:46 AM

[quote]
serpico - 24 Mar 17 4:11 PM
I have three convictions and wish to get two removed as they didn't happen- Is this possible. They are convictions that i was forced into -I was young and stupid and was unable to think for my self.

Hi,

Regardless of whether you committed the crime, if you were convicted of it then it goes down on your record. The DBS doesn't care about the circumstances, only about what is on the file.

It's possible that you received poor legal advice or the police put pressure on you to confess, but the DBS is not interested in that as it thinks everything is black and white.

Here is some information about appealing a conviction:

https://www.gov.uk/appeal-against-sentence-conviction/magistrates-court-verdict (magistrate's court)
https://www.gov.uk/appeal-against-sentence-conviction/crown-court-verdict (crown court)

But if it is long enough ago and the convictions did not result in a sentence exceeding 4 years, then they will eventually become spent, and they will not appear on a Basic DBS Check. You'll only need to keep declaring them if you do a sensitive type of job like security, banking, the law, healthcare, children, etc.

Thanks for the link, will look into it.  All my initial checks have suggested they would not be removed. 
serpico
serpico
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serpico - 9 Apr 17 3:54 PM
BenS - 27 Mar 17 8:46 AM

[quote]
serpico - 24 Mar 17 4:11 PM
I have three convictions and wish to get two removed as they didn't happen- Is this possible. They are convictions that i was forced into -I was young and stupid and was unable to think for my self.

Hi,

Regardless of whether you committed the crime, if you were convicted of it then it goes down on your record. The DBS doesn't care about the circumstances, only about what is on the file.

It's possible that you received poor legal advice or the police put pressure on you to confess, but the DBS is not interested in that as it thinks everything is black and white.

Here is some information about appealing a conviction:

https://www.gov.uk/appeal-against-sentence-conviction/magistrates-court-verdict (magistrate's court)
https://www.gov.uk/appeal-against-sentence-conviction/crown-court-verdict (crown court)

But if it is long enough ago and the convictions did not result in a sentence exceeding 4 years, then they will eventually become spent, and they will not appear on a Basic DBS Check. You'll only need to keep declaring them if you do a sensitive type of job like security, banking, the law, healthcare, children, etc.

Thanks for the link, will look into it.  All my initial checks have suggested they would not be removed. 

still trying ..
RN1234
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Are you working with any lawyers that you can recommend? My spouse is in the same position so that's why I'm asking.
serpico
serpico
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RN1234 - 9 Apr 17 4:37 PM
Are you working with any lawyers that you can recommend? My spouse is in the same position so that's why I'm asking.

No, Im doing it myself. my convictions were 30 years ago when policing was a little dubious? My initial reading up, it will be difficult. I have approached a legal person and they say , forget it-its a long time ago. 


GO


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