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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10190
Experience:  Barrister 17 years experience
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I had traffic offence 9 years ago in FranceAnd had to

Customer Question

Hi, I had traffic offence 9 years ago in France
And had to spend 6 month in prison.
about 2 years from now immigration
At airports strat to stop me every time I come for check and after check
They say we stopped you because the problem you had in France.
My question is for how long this problem will
Stay in my record and is there any way I can remove it
As its been over than 9 years.
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Buachaill replied 1 year ago.
1. Firstly, rehabilitation in relation to a criminal offence occurs in France after the elapsing of certain periods of time automatically. Here, where you received a sentence of less than one year in prison, after the elapse of five years, your conviction automatically becomes "spent" in the English form of the word. Criminal records are held in France by the Casier Judiciare National. Accordingly, in France, your conviction is now spent and you will not have it drawn to your attention by gendarme in France.
2. Secondly, because you are a UK Citizen, since summer 2006, and the implementation of Council Decision 2005/876/JHA on the exchange of information extracted from the criminal record, your French criminal record has to be communicated to the UK authorities. This has clearly occurred in your case.
3. However, it is the current use of that information which is unlawful. Essentially, if you had committed that offence in the UK, it would now be "spent" and you would not hear anything about it. It is just the fact that it occurred in France which means that the immigration authorities mention it to you.
4. You can make a complaint to the Information Commissioner about the current use of this data against you and seek to have it corrected on the basis that the conviction is now spent in France. Go to www.ico.org.uk. However, you are likely to be met with response that Part 13 of the Terrorism Act allows this information gathering.
4. Accordingly, you should challenge by judicial review the continued use of this information by the Immigration authorities. It is an EU measures, so you can have it reviewed on the basis of proportionality, irrationality and the fact it does not pursue the aim it is supposed to achieve. Esssentially, you would seek the quashing of the Decision I have mentioned as it does not have a proper legislative basis within the EU for what it is being used for.
5. Accordingly, I would suggest that you get yourself a solicitor and barrister and seek to issue judicial review proceedings.

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