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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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I have a criminal record for three offences committed between

Resolved Question:

I have a criminal record for three offences committed between 1976 and 1982, can I get these removed from my records?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

Why do you want them removed?

What are the offences and what was the penalty?
Customer: replied 2 years ago.

I want them removed because they are effecting my job prospects.

The first offence was in 1976 for Theft for which I was fined £25, the second offence was in 1982 for Theft for which I was fined £20 and the last offence was also in 1982 for which I was fined £120.

I was born in 1961 so the first offence was when I was 15 and the last when I was 21 years old.

Expert:  Jo C. replied 2 years ago.
Are you being enhanced checked?
Customer: replied 2 years ago.

Yes

Expert:  Jo C. replied 2 years ago.
That is a problem I'm afraid.
Under enhanced DBS checking everything shows even mere allegations and spent offences.
The only way to have this removed from disclosure is to convince them that it has no relevance to your application. It must be said that they do not like to take risks on the whole. Their preference is usually to disclose everything than take the risk that it might become relevant later.
That decision is made on a case by case basis and it is within the discretion of the chief constable. You can aks them to invoke their exceptional procedure following the ACPO guidelines to remove this information.
If you receive an adverse decision then you can always judicially review that decision. It is fair to say that is rarely successful but they do often throw their hand in when they know they are being judicially reviewed.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience: Over 5 years in practice
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