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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11546
Experience:  30 years as a practising solicitor.
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Hi Eighteen years ago (when was a teenager) i was convicted

Resolved Question:

Hi

Eighteen years ago (when was a teenager) i was convicted of benefit fraud - no sentence just a small fine with no suspension of benefit. My life was very difficult and challenging at this time so i was not in the right frame of mind to deal with this horrifying dilemma.

There was a personal vendetta from the employee who worked and raised the action as we had previously spoken and my adolescent immaturity hadn't i'm sure shown me in the best light. However i feel that i wasn't represented well at all (a paralegal who appeared for me) by the law firm representing myself.

My life i'm happy to say is far removed from those dark days but i have this cloud constantly hovering due to this conviction.

It has prevented me in pursuing a career in nursing along with helping my children at school - the embarrassment of a check would have been too much. Also i haven't been able to visit family or attend celebrations abroad due to this.

i am aware of the rehabilitation act, but wondered if there was anyway that i could have this wiped off of my record as i'm sure i won't reach 100yrs.

i haven't had any other mishaps of this nature (charges etc) and would hope that there would be a way to rectify this.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The conviction has been spent under the Rehabilitation of Offenders Act.

It will not stop you travelling abroad. It will not show up on a basic disclosure. It may not by now show up on standard or enhanced disclosure. Sometimes it's the luck of the draw and down to what computer systems the state has that have been renewed. Old convictions can be purged and disappear, others seems to remain for longer.

However, after 18 years this should not show on a modern PVG check but if what you are asking is, can you physically arrange for this to be wiped if it is still there the answer is no.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi


 


I'm sorry i was really asking whether or not there was something i could do about the whole case now? I do feel that i was dealt a harsh blow, having said that i didn't do myself any favours by burying my head. I have great respect for the law but these things have the ability to alter peoples lives severely. I was still a teenager - very immature and inexperienced of the consequences.

Expert:  JGM replied 3 years ago.
Are you asking if you can get the original conviction quashed?

J
Customer: replied 3 years ago.

Yes i suppose i am - or have it reviewed in someway.

Expert:  JGM replied 3 years ago.
Were you convicted after trial or did you plead guilty?
Customer: replied 3 years ago.

My plead was guilty as advised as i didn't want to appear - not my best decision.

Expert:  JGM replied 3 years ago.
Unfortunately if you pled guilty there is no appeal now and no right of review. The only right of review in Scotland is to the Scottish Criminal Cases Review Commission www.sccrc.org.uk but as you pled guilty at the time it is very unlikely they will take on the case.
Customer: replied 3 years ago.

Thank you for your help.