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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71042
Experience:  Over 5 years in practice
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My brother was charged with the theft of his ex wifes motor

Customer Question

My brother was charged with the theft of his ex wifes motor car. (approx 1985) and was given a custodial sentance of three months in prison. The remaining finance was settled in full. An appeal was lodged immediately due to the gross miscarriage of justice against our brother. The said vehicle was being repaired in his garage and on instruction from his ex wife was told to sell it and repay the finance company. He won his appeal after approx 8 weeks in the Court of Appeal in London although they said at the time it would cost more than £5000 to completely eliminate the conviction. This incident cost our brother his livelyhood, freedom and his garage. Unfortunatley, we were unable to raise the funds to fight this. our brother has not been able to overcome this as each opportunity comes along he has to declare even after all this time his so called record because, its not down as his ex wifes car. nor that she asked and agreed with him to sell the car so she could get a new one!! What can we do to help him overcome this.
Submitted: 5 years ago.
Category: Law
Expert:  Jo C. replied 5 years ago.
What are you hoping to do about this?
Expert:  Jo C. replied 5 years ago.
What exactly would you like to know?
Customer: replied 5 years ago.

How can we clear his name once and for all?

Is this still on his record even though it is a spent conviction?


How can we obtain justice for him for something he was set uf for by his exwife being in cahoots with a police office?


If you could point us in the right direction to obtain help.


Does he have to declare it on job applications?

Expert:  Jo C. replied 5 years ago.
So the conviction was actually quashed by the court of appeal?
Customer: replied 5 years ago.


He was released by the Court of Appealin London and said he was free to go. Mr Barraclough said he had won the first part of the appeal, the next part was to quash the conviction but this would take about 5000 pounds. This money was not available to us at the time. Everyone was shccked when he was given a six month custodial sentence for a first offence and at no time during the trial was it referred to the car belonging to his ex wife.

Expert:  Jo C. replied 5 years ago.
I'm really sorry but you cannot get this removed from his crb check.

Come what may, his conviction was not quashed. There is still a guilty verdict recorded against him. I suspect what probably happened is that they reduced his sentence on appeal. That would have no impact upon his crb.

Even if it had been quashed they probably still would have kept it on enhanced checking under non conviction information anyway and you would have struggled to get even that removed I'm afraid

However the problem here lies in the fact that there remains a conviction recorded against him and that is reflected upon his crb check.

I'm very sorry but I have to tell you the truth.
Customer: replied 5 years ago.

Thank you very much is there any options left open to my brother.



Expert:  Jo C. replied 5 years ago.
It depends.

What are you hoping to achieve?

It is not possible to remove this from his CRB as its a conviction.