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Ben Jones
Ben Jones, UK Lawyer
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How to apply for a spent sentence to be removed

Resolved Question:

how to apply for a spent sentence to be removed
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 11 months ago.

What was the conviction for and how long ago was it?

Customer: replied 11 months ago.
I was sentenced for fraud to 2 years with 18 months suspended on 3rd August 1984
Customer: replied 11 months ago.
please reply to my details
Expert:  Ben Jones replied 11 months ago.

OK thank you, ***** ***** you also for the live phone call request; please leave it with me. I am unable to talk at the moment as I am in court but I will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 11 months ago.

Hi there, you cannot actually make an application to remove a criminal sentence – this will be automatically removed from certain criminal checks once it becomes spent and eventually may be filtered out altogether after time.

If you are going to be subjected to a Disclosure and Barring Service (DBS) check (this replaced the old CRB check), then whether a past conviction will appear on it depends on what level DBS check is being undertaken. There are three main types of DBS check:

· Basic - contains only unspent convictions

· Standard – contains spent and unspent convictions, as well as cautions, reprimands and final warnings

· Enhanced – same as a Standard but also includes local police intelligence considered relevant to the application

However, recent legislation has introduced a filtering system for some offences and they will not show up on a DBS check after a specified period of time has elapsed. The current guidelines are:

For those aged 18 or over at the time of the offence an adult conviction will be removed from a DBS check if:

· 11 years have elapsed since the date of conviction; and

· it is the person’s only offence, and

· it did not result in a custodial sentence.

Even then, it will only be removed if it does not appear on the list of offences relevant to safeguarding. Also, if a person has more than one offence, then details of all their convictions will always be included. The full list of exempt offences can be found here:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/229718/list_of_offences_that_will_never_be_filtered_from_a_criminal_record_check_v1.1__xls_.xls

For those aged under 18 at the time of the offence, the conviction will not be included if:

{C}· 5.5 years have elapsed since the date of conviction; and

{C}· it is the person’s only offence, and

{C}· it did not result in a custodial sentence.

{C}· It does not appear on the list of exempt offences.

So the only way is to rely on the spent and filtering guidelines, you cannot ask the police to remove the entry from the database altogether.