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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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can a simple caution be removed from my crb

Resolved Question:

can a simple caution be removed from my crb
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.

Could you explain your situation a bit more please?
Customer: replied 3 years ago.

last weekend i had a misunderstanding with my husband then the was pulling and pushing between us so when i pulled him he had a little scratch on his ear i'm thinking because of the pulling i scratched him with my ring hence he bleed because the argued was so heated and i had said i would leave him, though he denies this without thinking maybe to get back at me, he then reported me to the police who came to collect, and took me to the police station, so got there a statement was taken i told them exactly what happened , and i remember one the policeman saying they really didn't see the reason why my husband called them as the was no significant injuries on him but however yes i retaliated and it was reported by him , then had to be seen doing something about though they didn't it was serious but hey had to record the offence, and sade they will give me a simple caution, I asked them what it was all about they told me its like a telling off and it shouldn't really affect my carrier all in need to do is to be truthful to my employers and tell them the truth but i don't want to be explaining myself to everyone and its not like i am a violent person or ever involved in any fights with other people elsewhere in my life this has made me to be a bad person which i am not and my career ruined because of a domestic matter , when myself and my husband spoke about which we are now talking , he said to me he went to the police and told them we had a fight , it wasn't he's intention to have me recorded for an offence and even asked the police what would happen to me if he reported me then they told him nothing but will get a telling off. When i agreed for the caution the police told if i didn't agree to the caution they would keep me in the cells and would go to court, and they told me a simple caution was really bad at all so i just signed because i want to go home and was terrier of being in jail and having a conviction record and didn't want to cause a farce, form reading some people;s accounts about caution it has literally ruined their lives so i am asking if there is a way of removing this from my recored i work with vulnerable people and i have been offered a place at uni for social work this year, my husband is will to get involved in this and is will to do what it takes to clear my name as i am not a violent or a bad person, couples do have argument i am giving my husband the benefit of the doubt and giving a marriage another chance, i really don't know what to do , i have just received my crb and the caution has come up and this happened 2/2/14

Expert:  Jo C. replied 3 years ago.
Thanks. Its a mixed bag of news really.

The first point is that its a shame that anybody called the police and that this personal dispute was acted upon at all. If I made policy the police would not get involved in domestics but unfortunately I do not.

The truth is here that you would have been better served if you made a no comment interview and didn't accept the caution. He never would have given evidence against you and then you would have walked away with nothing. That didn't happen here unfortunately.

A caution cannot be removed. There is no appeal. Its like a guilty plea at court so you would only be appealing against yourself. The only route of challenge is judicial review and that is expensive and pointless because there is no case. You admitted an assault so they were free to caution you and you choose to accept it.

However, under the new rules a single caution will drop off your record after five and a half years. There's no way of achieving it now but its not there forever.

I'm very sorry but I have to give you truthful information.

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

Jo
Customer: replied 3 years ago.

thank you Jo


 


I am happy with the answer

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

I am sorry you are in this position. We all have these rows and its just unfortunate this came to the attention of the police.

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