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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Having a UK Criminal Conviction Wiped Clean

Resolved Question:

I received a UK criminal record when I was 17. (1997) I was ordered to pay a fine of £550 but I didn't spend any time in jail and no community service. I'm now 38. Is it possible to have my conviction removed from the police national computer? I want to work in the financial services sector but I don't want the conviction to prevent me from employment. This is my only conviction.

What law firm has experience in this field that could help me get my conviction removed and could I get legal aid if I'm receiving employment and support allowance?

Regards
Paul
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 was your conviction for please?
Customer: replied 3 years ago.
Hello Jo,

The conviction was for theft of camera lens from a friend. The retail price for the lens at the time was £90. I paid a fine of £550 but I didn't have to spend any time in jail and I didn't have to do any community service.
Expert:  Jo C. replied 3 years ago.
Thanks.

You cannot get the conviction removed from PNC.

However, under the new law this will be removed from your CRB or DBS check after 11 years as theft is not a specified offence.

You do not need to spend money on this though. it will happen automatically as long as this is the only offence, it is for theft or another non specified offence and you did not go to prison.

Can I clarify anything for you?


Jo
Customer: replied 3 years ago.
Hi Jo,

Does this mean I'll be unable to work in the financial market in a senior position in the UK?

That is my only conviction. After doing some online research, I thought if you received a conviction as a minor without serving any jail time that the conviction would be removed from the pic after eleven years if there were no further offences and with only one offence being committed. In my case it's been twenty-one years since I was convicted.
Expert:  Jo C. replied 3 years ago.
Well, that is a matter of employment law.

However, as I said above, if this conviction is your only conviction and did not result in custody then it will not show on DBS checking even at enhanced level after 11 years.
Customer: replied 3 years ago.
In that case if the questions ask if I have any criminal convictions, should I just say no?
Expert:  Ash replied 3 years ago.
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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Does it say it is an exempt post from the Rehabilitation of Offenders Act?

Customer: replied 3 years ago.
Hello Alex,

The application in question is to be regulated as a business with the Financial Conduct Authority. It didn't mention anything on the application form regarding the Rehabilitation of Offenders Act.
Expert:  Ash replied 3 years ago.
If it asks do you have any criminal convictions you can answer no, because it is spent.

Can I clarify anything for you about this today please?

Alex

Customer: replied 3 years ago.
Thank you Alex. That sounds reassuring. However In 2011 I applied for an SIA license. I had to undergo a criminal records background check. When I received the paper it showed my theft conviction for 1997 so it has not been removed. I'm assuming if I were to have another check it will be seen. What can I do to have it removed and how much could it cost?
Expert:  Ash replied 3 years ago.
It won't be removed from an SIA check, in 2012

But now the rules have changed so if you apply it won't show.

Although there is always the conviction on the police computer and you can't remove that, it won't show on a future CRB or now DBS check.

Can I clarify anything for you about this today please?

Alex

Customer: replied 3 years ago.
Thank you for the information Alex. Further clarification is not required.
Expert:  Ash replied 3 years ago.
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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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