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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I wonder if i could speak to someone regarding a past

Customer Question

Hi,
I wonder if i could speak to someone regarding a past conviction from nearly 6 years ago.
A very very stupid and pointless thing i did - i was convicted of exposure as a result of a small incident in London. I was given community service for 80 hrs i think it was.
i would like to speak to a lawyer/solicitor about this and what i have read about rehabilitation and trying to have this offence erased - pardoned or whatever the word is.
Is there a number i can call?
kind regards
Anthony FAIRHURST
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello Anthony my name is ***** ***** I will help you with this.What was the exact offence? On what basis do you want to get it erased? I assume you accept it is accurate?
Customer: replied 1 year ago.
Hi Alex:The offence was for exposure: Embarasing to even talk about it.! Its haunted me since the day i did.
Customer: replied 1 year ago.
dont quite know what you mean by do i accept it was accurate? etc..
Expert:  Ash replied 1 year ago.
I assume you accept you were convicted of the offence?Did you plead guilty?
Customer: replied 1 year ago.
I pleaded guilty - but thats another story...
The barrister i had said it was better to do that - He had not even read my case on the day of the trial - it was a disaster. over 6 yers ago.so yes, i actually urinated but was done for exposure....unfortuanately a girl passed at the same time - she reported me - the rest is history...
Customer: replied 1 year ago.
Consequestly - i was put on the Sex offenders register - thats now been deleted (archived) - no longer on it.
Barrister told me at time - the offence is "spent" after 5 years - so just sit it out till then.in fact - it seems it s not at all that simple.
Expert:  Ash replied 1 year ago.
Thanks. On what basis are you seeing to get it erased?
Customer: replied 1 year ago.
I have never been involved with any illegal Police matters in my life - i did something very stupid - regret it of course - i am a professional - would not to bad on anyone - i qualified as a teacher many years ago - I find it adsurd to think i was put in same pot as pidaphiles, rapists what not...i dont know on what basis i can ask it to be removed - thats whay i need advice
Customer: replied 1 year ago.
Do you have a law firm i can contact?
i seriously need to try and resolve this.I moved out of teaching and became an Architect - 15 years ago....
Now, i have problems travelling becaise of this conviction.....its madness
Customer: replied 1 year ago.
All i want is to have the chance to sit in front of someone who can decide if my conviction can be archived for police access ONLY.... anyone that speaks to me will realise i am not the sort to have a criminal record.Its crazy to think this sits on my record and now i am still being punished...
i cant travel abroad and whats worse - i have a couple of job offers where a crimal record check has to be provided - i can forget these jobs if this is the case....totally extreme and unjust i find it.
Expert:  Ash replied 1 year ago.
It will be spent given the time that has elapsed. All information contained on the PNC is “owned” by the Chief Constable of the force that entered it. The Retention Guidelines allow for an “exceptional case procedure” by which an individual can seek the removal of information from the PNC. As the name suggests, successful requests are likely to be rare. Generally speaking, the police will have to be persuaded that the offence to which the retained information relates did not actually take place at all, or that the requesting individual was not in fact connected with it in any way. Information will not be deleted simply because its disclosure might cause an individual difficulties in finding employment.You can find the guidance here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/430095/Record_Deletion_Process.pdfBut sadly as it is says, it is rare. If they refuse you can consider a Judicial Review which is where a High Court Judge considers the decision to refuse and can either agree with the decision or remit it back to the Police for further consideration.However again I suspect this may not be successful.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
You say the sentence is spent - ?? waht does that mean exactly ?If I ask for a standard criminal record check - WILL THIS APPEAR ?
do i need to declare it if its spent ?
How do i even know its spent ?
Expert:  Ash replied 1 year ago.
Ok - its going to be spent, check here:http://disclosurecalculator.org.uk/If it is spent you dont need to declare it, unless it is an exempt post from the Rehabiliation of Offenders Act.A basic DBS check will not show the spent conviction but a standard or enhanced will.Can I clarify anything else for you?Alex
Customer: replied 1 year ago.
Alex: i dont quite get that?if its spent ort not? how do i know?
Customer: replied 1 year ago.
i asked the Police - but didnt get anything intelligent from them. i am sur it wasnt intentional but they couldnt clarify.
Expert:  Ash replied 1 year ago.
Its spent yes.You dont need to declare it unless its for an EXEMPT post.Does that clarify?Alex
Customer: replied 1 year ago.
Whats an EXEMPT post ?
Expert:  Ash replied 1 year ago.
Such as Barrister, Police etc.Does that help?Alex
Customer: replied 1 year ago.
Sorry Alex: i dont understand.
Expert:  Ash replied 1 year ago.
Ok - you wont need to declare it unless its for a special job.Does that clarify?Alex
Customer: replied 1 year ago.
what's a special job?
Expert:  Ash replied 1 year ago.
I have just given you some examples such as a Barrister, the Police etc.
Expert:  Ash replied 1 year ago.
But when you apply the application form would TELL you.Does that clarify?Alex
Customer: replied 1 year ago.
OK - Thats fine - special job then i understand.However - i dont need to declare it you say - yet if i ask for a criminal record check print out - it will appear - how do i explain that?
Expert:  Ash replied 1 year ago.
You get a full record, an employer does not unless it's an enchanced search. Does that clarify ? Alex
Customer: replied 1 year ago.
Alex:
(1)
how do you know it is spent - is it because i only had to do cummunity service - wasn't given a sentence or anything like that? So what - after 5 years its considered spent ?(2) Its not the employer that is demanding a copy of my records - i have to supply it.If i dont need to declare this - how does that work if i ask for a criminal record check and its on there for all to see ?
Expert:  Ash replied 1 year ago.
Because you are entitled to a full copy which includes unspent convictions under the data protection act. Does that help? Alex
Customer: replied 1 year ago.
But i dont want a full copy - i want to ideally show something that doesnt have this on it - how do i go about that ?
Expert:  Ash replied 1 year ago.
Is it easier for us to discuss this over the phone?
Customer: replied 1 year ago.
yes it is much easier - thxs
Customer: replied 1 year ago.
Don't particulaly want to pay more Alex: Just need to know the facts
Expert:  Ash replied 1 year ago.
You are entitled to a full copy. Your employer is not unless you agree to an enchanced check. Does that clarify? Alex
Customer: replied 1 year ago.
We are not making much progress here - please - its me that needs to suppy a check to an employer.if the sentence is spent - ok - i dont need to declare it - but - i need to know if it will appear on my records when i ask for a copy. you say if i ask for a FULL COPY - fine - how do i ask for a NON FULL copy wherby it doesnt appear ?
Expert:  Ash replied 1 year ago.
Are you being asked to have a DBS check?
Customer: replied 1 year ago.
whats DBS?
Expert:  Ash replied 1 year ago.
This is why a phone call would be easier. Why does your employer want this?
Customer: replied 1 year ago.
Ok lets talk
Customer: replied 1 year ago.
how do i call ? you call ?
Customer: replied 1 year ago.
?
Customer: replied 1 year ago.
Alex: please advise... ??
Expert:  Ash replied 1 year ago.
Can you accept the additional service then give me your number?
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
ok: my number" +41 78.900.75.04
Customer: replied 1 year ago.
let me grab my headset so we can speak.
Can you call me in 5 mins?
Customer: replied 1 year ago.
Alex I am free in a few minutes:ok ?
Customer: replied 1 year ago.
free
Expert:  Ash replied 1 year ago.
What is your number?
Customer: replied 1 year ago.
+41 78.900.75.04
gave it to you already
Expert:  Ash replied 1 year ago.
Oh yes. I just wanted to check it was abroad
Customer: replied 1 year ago.
hi Alex: i have ordered the basic checkHowever on the DBS website i see it mentions as you say spent convictions being excluded - but says sexual offences are exept and violent acts. ?
Expert:  Ash replied 1 year ago.
I am just on the train, so need to check when I get somewhere that has a fixed connection
Customer: replied 1 year ago.
ok thanks:: i think i am understanding it correctly:
this is what i saw on DBS site:Spent Convictions
On 26 March 2013, the Home Office announced proposals to amend the current statutory regime in relation to the disclosure of spent convictions and cautions, in light of the Court of Appeal’s decision above, so that old and minor cautions and convictions would be filtered from disclosure. This has led to the following change to the law.The Exceptions Order 2013
The new law amends the existing law by removing most ‘protected convictions’ and ‘protected cautions’ from the exceptions to rehabilitation under the ROA.- it does not relate to a ‘listed offence’, such as violent and sexual offences
- no custodial sentence was imposed
- the individual has no other convictions (where the individual has more than one conviction, all convictions will be included on the certificate)
- it was received by a person aged under 18 at the time of the conviction and five and a half years or more have elapsed
- it was received by a person aged 18 or over at the time of the conviction and 11 years or more have elapsed.
Expert:  Ash replied 1 year ago.
You are thinking of a disclosure which is subject to filtering. Do not get confused. You are not applying for an enhanced disclosure.You are applying for BASIC disclosure which does NOT show spent convictions.Does that clarify?Alex
Expert:  Ash replied 1 year ago.
You can apply here:http://www.disclosurescotland.co.uk/basicdisclosureonline/index.htmPlease just apply and see what you get back, you will see I am correct.Alex
Customer: replied 1 year ago.
I have applied: using this link you sent:
sorry to seem a pain the a**** but i just wantd to get to the bottom of this.I wait to see what comes back then.
So for a full disclosure it would show up because its a "listed offence" it would appear. ?
For an enhanced disclosure - it will always be there ?If so, then perhaps that means border controls could see the enhanced version?
Expert:  Ash replied 1 year ago.
Enhanced - yes it would always show.Border controls dont have access to it, as we already discussed.Alex
Customer: replied 1 year ago.
Do you know how i would find out - reference: travel ?Fine- if the basic search is as you say it should be - my problem is the enhanced bit - otherwords basic request shows nothing - therefore no need to declare - but problem if customs etc have a different idea or access?
Customer: replied 1 year ago.
Unless i know this, I am kinda back to square one!
Expert:  Ash replied 1 year ago.
Yes, but that is why you need to apply for a check to see what is showing.Does that clarify? Alex
Customer: replied 1 year ago.
yes - but even if it shows nothing as you say it will - i.e. sentence is spent - the problem is that lurking on my record is still the offence - which will only be revealed if someone does an enhanced search.the question is whether such searches are done by customs and when applying for visas.
Thats where i am coming from...you know what i mean?
Expert:  Ash replied 1 year ago.
Customs does NOT conduct searches on you. They do NOT have any power to get this information.Does that clarify?Alex
Customer: replied 1 year ago.
What about immigration/embassy services when applying for Visas ?
Expert:  Ash replied 1 year ago.
No access whatsoever.Alex
Customer: replied 1 year ago.
They have no access ?
Expert:  Ash replied 1 year ago.
No, its different department. Alex
Customer: replied 1 year ago.
Ahh ok: i let you know alex once i get the DBS basic check back:you ok if i mail you here in a week or so?
from what you say - the sentence is spent - there is no possible way it should show on my records if requesting a basic search as i have. If it does appear - we got a problem Huston?
Expert:  Ash replied 1 year ago.
Sure. Alex
Customer: replied 1 year ago.
FYI: i tried the link you have me for the spent sentence calculator - hmmmm, not very accurate - it says my sentence was spent the year after i was convicted. So, in brief, no idea of knowing if its spent or not - i have assumed 5 years was the term because thats what i was told - but frankly - i am in the dark on the subject.
Expert:  Ash replied 1 year ago.
Have you applied for the papers DBS check and we discussed on the telephone and I suggested here? That way you will have clarity one way or another and you will know for sure, rather that speculation. Alex
Customer: replied 1 year ago.
I have applied for papers yes:
I have asked for the BASIC search: I m tyring not to speculate but rather understand the facts: That being the "spent sentence" issue. You tell me it will not show when i get it back. I am trying to understand how you got to that conclusion.
: )
Customer: replied 1 year ago.
Think I just paid you again by error ?
Expert:  Ash replied 1 year ago.
No, I don't think so. It's one payment, or that is what is showing. I know it's spent because I have looked at Rehabilitation of Offenders Act. Alez
Customer: replied 1 year ago.
I will let you know once the paper is thru from the DBS.Still a bit confised between; the rehabilitaion point, the DBS and disclosure documents when one asked for a basic or full search. To add to the confusion is the final point about a sex offence seems to be exempt from certain disclosures.
Customer: replied 1 year ago.
Guess its the nature of the law to be confusing: but for you its perhaps straight forward ?- Rehablitation of offenders act- The DBS - basic search versus enhanced search and filtering rules - says 11 years before convistions can be removed - however it seems my will never be. - its considered exempt - how crazy - someone can mug or burgel someone yet i releve myself on the street and its deemed a sexual offence. - cant believe sexual offences are not categorised when it comes to such convictions being allowed to be deleted.- Suspended sentence periods
Expert:  Ash replied 1 year ago.
https://www.gov.uk/government/publications/new-guidance-on-the-rehabilitation-of-offenders-act-1974If you read this is shows on Page 5, you would be spentAlex
Customer: replied 1 year ago.
Thanks i Will read Friday and rate you yes.
Any questions I come bak as agreed.
Expert:  Ash replied 1 year ago.
Sure, but you have already rated as its automatic when you accept the phone call, so no need to worry about that aspect. Alex

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