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1. The offence will remain on your criminal record perminantly. However, if your offence has been spent then the UKBA will usually disregard such an offence. Please see following link on when an offence is spent : http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idichapter32/section2/section2.pdf?view=Binary
Your offence was spent 5 years after you were convicted.
2. Not really as the offence did occure a long time ago. If you are not a repeat offender and have not commited any other crime in the UK or else where since then, then they would usually disregard such a crime.
3. This depends on what you state in the application form. What i suggest you state is YES you have been convicted of an offence but as you thought is was spent you ticked the NO box. You should state when it occured and any mitigating circumstances. But make sure you state on the form that after obtaining advice that you were wrong to tick the NO box, you have decided to tick YES.
The Home office usually does take background criminal checks so please ensure that you do not lie on the form.
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But I have applied for visa on many occasions to the UK and ticked the NO box and have been granted visa many times. I have regretted the incident ever since and been clean from any offence in the UK and anywhere else.
But its just a bad record that I need to remove.Please Is there a way i can get it deleted?How can expunge the record is it possible in this case? Can you refer me to any firm that can help in expunging my record.
"The police are not legally obliged to remove information held on the PNC and it is down to each police force to decide if certain offences should be removed after a certain period of time. According to guidelines from the Association of Chief Police Officers (“ACPO”), records of 'recordable' offences (i.e. offences which can be tried in the Crown Court) should be deleted after 10 years, unless they show that the offender has 3 or more convictions for recordable offences (in which case the record will be kept for 20 years). However, the records on the PNC will be kept for life in the following situations:• If you have been given custodial sentences, including suspended sentences;• If you have been convicted of indecency, sexual offences, violence, possession of Class A drugs, or trafficking in, importing of or supply of any drug;• If you have been found unfit to plead by reason of insanity, or you have been sentenced under the Mental Health Acts;• If you have been convicted of an offence involving a child or vulnerable adult where it is indicated that you deliberately target such people.Individual Chief Constables are not bound by the ACPO guidelines so, as mentioned, policy and practice will vary between police forces. Furthermore, a judgement by the Court of Appeal in 2009 supported the retention of criminal convictions on the PNC for policing purposes. Therefore, the stepping down of convictions is no longer undertaken. In effect this means that all convictions will be retained on the PNC until an individual’s 100th birthday."My question please could it be that my record has been removed from PNC records before the judgement by the Court of Appeal in 2009 supporting the retention of criminal convictions on the PNC for policing purposes? Because from 1988 to 2009 , 21yrs have elapsed and according to the guidelines from ACPO records of recordable offences should be deleted after 10 yrs!!!
Can I find out if my record has been deleted ?If yes how do I go about it? Thank you
This could all change very soon. All minor convictions that have been spent and paid for we should not be punished for it for life.
Let me know your views on the link please.
Thank you for your reply.
Yes this may be something which may still need to be implimented but until it is I can just advise you on the current position of the law which is that you will still need to disclose offences.
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