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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I just wanted to know, I have a conviction which is spent,

Resolved Question:

Hi, I just wanted to know, I have a conviction which is spent, was in 2009 for tax and was 200 hours community service. my broker is applying for a mortgage where it asks have u ever had a criminal conviction other than driving. So far some people are advising I don't have to disclose a spent conviction and can ans it as a No on this mortgage form question as the rehabilitation act covers me, but some people are advising I have to ans yes even if it's a spent conviction and it could be mortgage fraud or dishonesty if I ans it as a No. Can u please let me know what is the correct Fact here, and do I ans yes or no to this question, as I'm getting a lot of contradictory advice even from professionals.
Many thanks ms samy
Submitted: 10 months ago.
Category: Law
Expert:  Jamie-Law replied 10 months ago.

Hello my name is ***** ***** I will help you with this.

What was the exact conviction please?

Customer: replied 10 months ago.
Hi it was tax evasion fraud I think. Ie non payment of tax
Expert:  Jamie-Law replied 10 months ago.

Do you know the exact wording of the charge?

Customer: replied 10 months ago.
I think it may have been evading tax think there was fraudword there somewhere ,
Expert:  Jamie-Law replied 10 months ago.

Thank you. Assuming it was not a suspended sentence and just a Community Order, that it was in 2009 then it will become spent in 2011. This is after 2 years.

So it became spent in 2011. Therefore unless you are applying for a position which is exempt from the Rehabilitation of Offenders Act 1974.

So it was spent in 2011

Can I clarify anything for you about this today please?

Customer: replied 10 months ago.
I know it was spent but I am applying for a mortgage and it asks have I ever had a criminal conviction.other than.driving, do I ans yes or no ie do I have to disclose it on this mortgage application form or not. Some say I don't have to because I have a spent conviction.and the rehab act legally.protects me.
Expert:  Jamie-Law replied 10 months ago.

They can't ask - you dont have to declare it.

It is spent. They have no right to ask

Does that clarify?

Customer: replied 10 months ago.
OK, the question is there on the application form and my broker has to say ans yes or no to it
So would it be safe for me to tick no conviction.to.that question. Am I in a safer position, just that I don't want to be accused of fraud or dishonesty or mortgage fraud or lying etc etc or anything else.
Expert:  Jamie-Law replied 10 months ago.

Tick no.

Its not fraud. By law you only have to declare unspent convictions.

Does that clarify?

Customer: replied 10 months ago.
OK, thank u, last question I won't fall within any dishonesty category if my broker ticks no to that question, just that at the end of the application there's a declaration section stating I've ans all questions honestly and to the best of my knowledge and I have to sign it, i want to be sure that they or hmrc or anyone else can't accuse me of dishonesty in any way, am I protected here by the law and by the rehabilitation act. Thanks
Expert:  Jamie-Law replied 10 months ago.

No.

You do NOT need to declare any conviction which is spent.

Does that clarify?

Customer: replied 10 months ago.
OK so I don't have to declare the conviction because it's spent, and I would not have been dishonest about it if I ans no, and i have not committed any fraud or wrong doing by answering no to the question have u ever had a criminal conviction other than driving is that correct? sorry about my cautious approach, just got conflicting advice before that's why I have been a bit cautious .
Expert:  Jamie-Law replied 10 months ago.

Correct.

Does that clarify?

Customer: replied 10 months ago.
Thank u for all your advice and help,
I' am reassured by.your advice and its all clear to me now. THANKU
Expert:  Jamie-Law replied 10 months ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

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