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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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back in 1994 i was convicted of common assult but police records

Customer Question

back in 1994 i was convicted of common assult but police records have ABH. I have contact Avon and Somerset police and they said they have assessed it and i was convicted in October 1994. So i wrote to the courts who have said they have no record of me on file, i have checked the local papers to see what they say and firstly the 1st court date was October but the second where i was sentenced was November. Please can someone advise with where/who and what i do now. Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this?
Customer: replied 3 years ago.

I would like to know how to get ABH off my record as this is effecting me getting certain jobs and even helping within my children school. As i stated before i have contacted the police and court with not much success.

Expert:  Jo C. replied 3 years ago.
Thank you.

I just need about 20 min to type up an answer if that's okay.
Customer: replied 3 years ago.

Yes that's fine.

Expert:  Jo C. replied 3 years ago.
Thanks.
Expert:  Jo C. replied 3 years ago.
Thank you.

I have a mixed bag of news for you really.

Generally speaking the way to deal with this would be to seek a memorandum of conviction from the relevant court. Since this is from 1994 I would not be at all surprised if none now. However it is important to try.

If that fails, then your only option is to complain to the information Commissioner effectively under the data protection legislation on the basis that the chief constable is the data controller and the information upon your PNC is wrong.

Probably the constabulary will kick and scream about that and you will have to fight it but if nobody can lay hands upon the memorandum of conviction then it is probably worth a run in your case.

I would normally suggest a complaint to the DBS but there isn't much point here because the issue is that the records are incorrect.

Hope this helps. Please let me know if you need any more information.

Jo
Customer: replied 3 years ago.

Will the information commissioner see it through or will i have to get myself a solicitor? Unfortunately i have no paperwork regarding my conviction as it was so long ago, will this go against me? So is the database that the courts use different to the police records? Also would i have a case to claim compensation?

Expert:  Jo C. replied 3 years ago.
You can complain to the Information Commissioner unrepresented.

Obviously nobody can guarantee success.

Yes, the fact that you have no papers is a disadvantage though and you cannot hide from that.

In practice, you do not have a claim in compensation unless you can show that you have been denied an opportunity that would have been available to you with a common assault that has not with an ABH. Since they are basically the same offence and the only difference is level of injury that is not likely.
Jo C., Barrister
Category: Law
Satisfied Customers: 69786
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you. You have been very helpful.

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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