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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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I got cought and booked for shoplifting in 1988 in the UK.

Customer Question

I got cought and booked for shoplifting in 1988 in the UK. 25 years ago i was 18 years then i went to court and paid a fine 40 or 50 pounds. I have got many visa to the UK since that time (5 year multiple entry twice) and traveled to the UK many times. But in the visa application form where it asks you if you have any criminal record please specify? I always tick the NO box and get a visa. But that was befor they introduced the biometrics.
my questions are:
How long will a record of shoplifting be held for in the UK?
Will my record affect for Police Certificate, if I migrate to UK for background checking?
If I apply for a UK visa now and i get my biometrics all done (finger prints and all) Will the British Embassy know that I have a criminal record in 1988 and hence deny me visa?
Thanks
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.

Thank you for your question. Please remember to rate my answer positively.

 

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.

 

I hope this answers your question, if so kindly rate my answer positively.

 

Kind regards

Customer: replied 3 years ago.

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.

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

The fact is that I can not state that you should lie on your form. If you have been granted leave to enter the uk by ticking No and you wish to continue to do that, it is up to you. However, all I can inform you is that you should not lie on immigration forms.

Regarding removing the conviction, unfortunately the conviction can not be removed. should you wish you may find a criminal firm which may be able to answer further questions. Please see following link :

http://www.lawsociety.org.uk/find-a-solicitor/?view=orgsearch

Unfortunately we cannot recommend firms due to this websites policy.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 3 years ago.

"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!!!


please advise

Customer: replied 3 years ago.
Relist: Answer came too late.
Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply. ,

Yes it's possible, but unfortunately as mentioned practices vary and it may not have been deleted.

However, it is up to you whether you decide to mention such an offence on the form.

I hope this clarifies the matter if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 3 years ago.

Can I find out if my record has been deleted ?If yes how do I go about it? Thank you

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Yes you can check. please see following link :

https://www.gov.uk/crb-criminal-records-bureau-check/overview

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 3 years ago.

http://www.telegraph.co.uk/news/politics/9827982/The-lives-blighted-by-CRB-checks.html

 

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.

Kind Regards

Expert:  UK_Lawyer replied 3 years ago.

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.

 

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards

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