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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70212
Experience:  Over 5 years in practice
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Does someone have to declare a conviction if, through the use

Resolved Question:

Does someone have to declare a conviction if, through the use of a lawyer, the conviction was subsequently dropped in court (at a later date a a few weeks after the original conviction), if you are asked "declare any convictions, spent or unspent"? Will the record show no history at all? If not, what will it show?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Was this person convicted or not?
Customer: replied 1 year ago.
Yes, but it was later dropped by the court. On , for example, a job application, would they still have to declare? Would the record not show as blank so there is no record of it happening?
Expert:  Jo C. replied 1 year ago.
A conviction should not have been dropped.
Do you mean he was charged?
Customer: replied 1 year ago.
Apologies, I'm not sure of the exact terminology. Arrested and charged. Then went before a judge and was told it would stay on the person's record indefinitely. The person then hires a lawyer in an attempt to clear him from the charge, and succeeds. Can a conviction not be dropped?
Expert:  Jo C. replied 1 year ago.
No, it can't be dropped. It could be over turned on appeal but that isn't really what you are describing.
If this is just a charge which lead to a dismissal or a not guilty verdict for other reasons then that would not show on any level of checking save for enhanced and only then as a mere allegation.
It is very unlikely that this is an enhanced check anyway so probably nothing will show.
If you want to be certain then you can submit a SAR at any police station for any information the police hold upon you which will tell you exactly what happened on this occasion.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
If it was overturned on an appeal would the record then be blank on any level of check?
Expert:  Jo C. replied 1 year ago.
No, it would show as an allegation but it would be written up that it was a conviction which was overturned.
But that would only show on enhanced checking.
Customer: replied 1 year ago.
Ah right. So if asked "have you ever been convicted of a crime, spent or unspent" then would they still have to say 'yes' even though it was successfully overturned?
Expert:  Jo C. replied 1 year ago.
That would be the strictly truthful answer.
It isn't likely that is what did happen though. If it had then there should have been a hearing at the Magistrates which was lost and a further appeal to the Crown court or a trial before Jury and then an appeal to the Court of Appeal.
Customer: replied 1 year ago.
If this was the case, would you tick 'yes' personally? Sorry, slight personal question. They wouldn't want to get into trouble for not being honest, but would also like to avoid the declaration if they can legally tick 'no'.
Expert:  Jo C. replied 1 year ago.
A debate rages over that.
My own personal approach would be to declare it. It is never worth getting into trouble by appearing dishonest.
However, there is certainly an argument that you are entitled to say you have not been convicted as indeed the conviction was over turned.
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok. Thanks for your advice Jo.