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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70304
Experience:  Over 5 years in practice
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in 1996 i was found guilty of sexual abuse with a child but

Customer Question

in 1996 i was found guilty of sexual abuse with a child but was subsequently cleared on appeal. i was told that i had no criminal record for the alleged offense but in the last 18 months have been hounded by my ex's family and have had to move twice do to this. at one point a detective visited my last address and i found out that someone had requested my alleged offence details under "sarah's law". how can this be if i was cleared on appeal?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
Hi

The conviction would have been removed upon appeal.

However the fact of the allegation and the original conviction will still show on your PNC and your enhanced level CRB check. That is not removed.

It will just show that it was over turned on appeal.

The detective is free to reveal information about it if there is a child protection issue - for instance you are living in a house with a child in the course of a new relationship.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
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Customer: replied 4 years ago.

FOR JOMO1972


i am not in a relationship and no children are involved .


if i was cleared by the royal courts of justice surely this is wrong to have stigma attached to something i didn't do.


do i not have human rights? right to family e.t.c.?

Expert:  Jo C. replied 4 years ago.
I'm afraid not.

You have not been cleared. The fact the conviction is overturned does not prove you did not commit the offence. All it does is confirm that it was unsafe for some reason. That is not the same thing as being able to show you didn't commit the offence.

Of course, sometimes people are not convicted because they are innocent but thats not the only reason and the quashing of a conviction does not prove innocence I'm afraid

You do have a human right to a family life but its not an unqualified right and the safety of others is a consideration.