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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71159
Experience:  Over 5 years in practice
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If someone has a criminal record for possession which

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If someone has a criminal record for cannabis possession which is over 30 years old, is it still valid? Does it lapse and get removed from the records?
Can a potential employer access it?
Can you have it removed? Especially after such a long time?
Can you have it made non-accessible?

Thank you for your question. My name is ***** ***** I will try to help with this.

it is never removed from the record. All convictions always remain on PNC.

However, it is long since spent and so will not show to employers unless they have authority to do an enhanced check DBS and that is not likely.

Even if they do though, the police would have to consider the age of the matter, the fact that it has not been repeated since and probably would decide it had no relevance.

Can I clarify anything for you?

Customer: replied 3 years ago.
So there is no way one can have it hidden from all access or removed if it is lapsed?
If an employer asks the potential employee if he/she has a criminal record, and it is so old and not relevant, can the applicant say no? Or are they legally obliged to reveal such information?
No, nothing is ever entirely hidden from everybody. It just becomes incrementally buried with the passing of time.

It depends what the employer asks. Ultimately you have to answer truthfully but there are some questions that should not be asked. Normally you are asked about convictions not spent under the ROA and if so you can answer that you do not as your conviction is spent.
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