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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Nationality application and criminal record specific enquiry I

Resolved Question:

Nationality application and criminal record specific enquiry
I have subimmted a nationality application and correctly stated in the notes that I had an absolute discharge for a crime (some time ago, spent in any case).

In the criminal process, at first I was sentenced to a youth referral order. However, this was referred back to the court by the Youth offending team and I was re-sentenced to an absolute discharge.

The nationality service have written to me asking for "documentary evidence" that my absolute discharge was in fact for the same crime. They had found the first record.

1. I do not have any papers with me and I don't know what 'documentary evidence' is and how to get it. Please advise me.
2. Is it possible that the criminal records have not been corrected with my resentencing? I understood this first record should have been deleted but if it is still there then how do I go about correcting that?

Note: due to a change in address the re-sentencing was in a different local area (Sandwell) than the original court (Birmingham). I wonder if that's the reason?

Thank you so much for your help
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : When was this please?
Customer:

Original sentencing was in Birmingham in Feb 2013

Customer:

Rewsentencing was in Sandwell April 2013

Customer:

due to change in address

Customer:

letter from Nationality asking for documentary evidence that it was a resentencing (ie not a different case) arrived yesterday

Customer:

Please answer. Thank you

Alex Watts : Have you asked for a memorandum of conviction please?
Customer:

no, what is that?

Customer:

would I need that separately from both courts?

Alex Watts :

You need to write to the Court concerned and ask for a memorandum of conviction.

Alex Watts :

This is the Court record.

Alex Watts :

There is a cost to this but you can request it under the Data Protection Act.

Alex Watts :

This will clarify the position.

Alex Watts :

This is a true record.

Alex Watts :

This should show an absolute discharge and it will be verified by the Court and accepted by other parties

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


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