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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70690
Experience:  Over 5 years in practice.
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I have never ever been in trouble by the law my job at the

Customer Question

I have never ever been in trouble by the law my job at the time I was care assistance I didn't lose my job as I explained to my manager at time what happen .19 years ago my ex husband Obtained False Road Traffic Act Document it looked like full driving Licence my husband at the time was abuisive he told me now I have full false DOcument in my name I can't pass my test I asked him where he got it from he wouldn't tell me ,any way thinking I had this False Document I rand the insurance up and said I passed my test and obtain insurance .well I left my husband in the end as he was ABuisive and Divorced him it took 10 weeks . I didn't know what to do with the document I had I was in such mess so my ex husband who got the Document told the police I had it , I was taken to the police station and was taped asking where I got it from well I said I didn't get I don't know where it came from I explained to them what happened. I informed solicitor to take my case I straight away had driving lessons I passed the Theory test than pass my driving test 1st time before my court case came up , my driving instructor came to the court and said I was Competent driver and my solicitor said it was my first affence and explained what happen . I was fined £250.00 and £40 cost and three points on my full driving licence which is now been taken off my paper has been cleared ever since .As I'm home carer I applied for DBS it had everything stated on there that happen 19 years ago this is what it stated . Date of conviction 12 November 1997 Jane ***** ***** at the time offence 1, Possessing False Road Traffic Act Document Specify Document on 20 December 1996 Road traffic act 1988 S.173(1) 2,Minor Road Traffic Offence on 20 December 1996 , 3, False Statement to obtain Insurance on 20 December 1996 Road Traffic Act 1988 S. 174 (5) . Than it states no Separate Penalty Offence -No Driving licence , Driving Liceence Endorsed No Separate Penalty.what I would like to know will the information be on there for life ? As its so embrassing what happen 19 years ago I know I broke the law but at the time I was Gulliable and had abuisive husband I'm such a shamed of it and having to explain it every time I work and need DBS. Can I get it taken off my records ? Yours sincerely ***** *****

Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
You cannot get a criminal conviction removed from PNC.
It does become spent after a period of time depending on the sentence and that would mean it would drop off basic.
It will also step down after 11 years causing it to drop off standard checking.
It will always show on enhanced unless you can convince the chief constable to use his exceptional procedure to remove it That really does mean exceptional rather than just desirable though and it is very rare that it is used. You can apply. There is no risk in that. I wouldn't rely on the abusive husband point though. I'm afraid to say that I find increasingly that courts and other fact finders are taking the view that is an excuse. Sadly there are some people who do raise the abuse card to escape responsibility and that has an impact upon everybody.
I would imagine you are facing enhanced checking if you are a carer so this is your only option
Can I clarify anything for you?
Jo
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 2 years ago.

may I ask the address of the Chief of Police ?

What do I say ?

kind regards

Jane xxxxx

Expert:  Jo C. replied 2 years ago.
You will find the procedure here
http://lincs.police.uk/Library/Freedom-of-Information/Publication-Scheme/Our-Policies-And-Procedures/PQR/PNC-Appendix-G.pdf
although it is rather ambitious about how easily it can be done.
The address would depend upon your constabulary.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 2 years ago.
May I ask what do I write in the letter to get the charges removed can you send me template please.
Kind regards
Jane Goodall
Expert:  Jo C. replied 2 years ago.
There isn't really a template. It depends on your individual circumstances
You just write to them asking for examples of the type of cases that would lead to the removal and then write back asking them to do so and apply those cases to your situation.
I should say that i have never seen a case of a constabulary agreeing to remove a conviction where it was accurately recorded.