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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48774
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Will a 6month probation order of 50 years ago (no criminal

Resolved Question:

Will a 6month probation order of 50 years ago (no criminal record since) still have any effects today? Or is it expunged!
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello are you going to have to get a police certificate?
Customer: replied 1 year ago.
Yes, but in Mauritius.
Customer: replied 1 year ago.
We are applying for citizenship here and one of the forms is to the police here is 'Application for certificate of character' and asks for previous offences to be declared. This is an old crime of 50 years ago, committed in error, but subsequently resulted in a Magistrates court appearance. My wife was advised to plead guilty to avoid going to trial in Crown Court. She received a 6 month probation order.
Expert:  Ben Jones replied 1 year ago.
What is the exact question asked of you on the application? Please note that I am mobile today so may not be able to respond immediately so will likely do so fully early afternoon thank you
Customer: replied 1 year ago.
'Have you ever been convicted by a court of law for any crime or misdemeanor? Yes or No
If yes, please indicate date,place and nature of offence........................................................
Expert:  Ben Jones replied 1 year ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. Going by the specific question you have been asked to answer, the conviction must be declared. It asks a direct question of whether you have ‘ever’ been convicted in a court of law and the answer to that is ‘Yes’. Whilst there are different rules if this was to be disclosed on a criminal record check, these do not apply to the application you are seeking and they can ask as direct question like this which would have to be answered truthfully and in this case it means the conviction must be declared. So do not think about the rules on expunging or filtering as they do not apply to this situation. Even if this is declared I do not see it being an issue for gaining citizenship though – it is such an old offence and hardly going to be relevant to paint a picture of what the person is like now, so assuming she has been out of trouble since then and there are no other recent convictions, this should be a non-issue. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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