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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I won't bore you with all the details but two years ago

Resolved Question:

I won't bore you with all the details but two years ago whilst in the midst of a mental breakdown i did something completely out of character, At the time i was 42 with no previous criminal history.My solicitor at the time tried to get me off with a caution but unfortunately it ended up at magistrates court, he pleaded my mittigating circumstances (which were many) and my previous good character and asked for a conditional discharge for a year. The magistrates looked favourably on me, my admission of guilt, the fact that i was receiving counselling (of my own volition) and my previous good character and actually gave me a conditional discharge of 9 months after which i was informed that the condition would be "spent". Wished me good luck and sent me on my way with hope that they will never see me again - which they won't!. Nobody knows about this within my family or friend or my employer, despite my mitigating circumstances its not something I'm proud of. My problem is that my job sometimes requires me to travel, I'm aware that some countries this will present a problem, My question is that as my conviction is now "spent" can i say that i do not have a criminal record, and secondly how could they check? having read quite a bit online about this it appears that most immigartion departments at airports don't have access to UK criminal records and cannot tell simply by looking at your passport?. The problem is that even applying for visa potentially could highlight my position to family and clients.... please help!!
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my make is Alex and I will help you.

What is the offence please? Alex

Customer: replied 1 year ago.
outraging public decency
Expert:  Ash replied 1 year ago.

Unless it's an exempt post from the rehabilitation of offenders act then yes it's spent.

Airports can't tell if you have a criminal by looking at your passports no. They rely on you declaring it.

There is no information sharing between countries and immigration borders to do with criminal records. So you won't have a problem applying for visas for other countries unless you declare it. Otherwise they won't know about it.

Can I clairfy anything for you about this today please?

Alex

Customer: replied 1 year ago.
sorry - what does 'exempt post from the rehabilitation of offenders act' mean I'm confused about that.
Expert:  Ash replied 1 year ago.

Such as an accountant, teacher or lawyer etc. It you know when you apply.

Some sensitive posts are exempt from this.

Does that clairfy? Alex

Customer: replied 1 year ago.
oh you mean my occupation? ok so to clarify i don't have any of those posts so your advice would be that the conviction is spent, no need to declare it and no way of immigration checking anyway? sorry to be so repetitive but its essential i get this right. many thanks
Expert:  Ash replied 1 year ago.

No way of checking no.

Does that clairfy? Alex

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