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Alice H
Alice H, Solicitor/Partner
Category: Law
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Experience:  Partner in national law firm
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My son was convicted in 1914 aged 18 in possession of a class

Customer Question

My son was convicted in 1914 aged 18 in possession of a class a drug and a weapon. In his defence he had taken the drug of a friend prevent him using and was carrying the knife in his jacket pocket having picked it up in his halls in the kitchen two weeks beforehand and forgotten it was there. He was prosecuted in Court and fined £500, no community service sentence. Does he carry a criminal record forever and does he have to declare it to any potential employers?
Submitted: 9 months ago.
Category: Law
Expert:  Alice H replied 9 months ago.
My name is ***** ***** I am happy to help you. Do you mean 2014?
Customer: replied 9 months ago.
Yes 2014
Expert:  Alice H replied 9 months ago.
The conviction will stay on his record for life - i have seen cases where people have criminal records with details going back to the early '70's. Once a person is convicted in court that record will always be there. However, even though the conviction is there for life, under the Rehabiliation of Offenders Act 1974 a person doesn't have to disclose "spent" convictions. A fine is spent after one year so in your sons case it would have been spent in 2015. What this means in practical terms is that he doesn't have to tell anybody about his conviction nor can anyone hold it against him. There are a few exceptions to this rule, for example, if he was going to work as a teacher, policeman, lawyer etc or for going abroad (he may have to apply for a visa). For future employers he won't usually have to declare his convictions unless it's one of those jobs that be mentioned above where strict background checks have to be made.

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