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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice
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My son got a caution at 14 pot and supplying his

Customer Question

My son got a caution at 14 for smoking pot and supplying his friend we were informed at the time that if he stayed out of trouble it would be removed when he was 18. He has never been in trouble since and we have recently found out that the law changed and it can not be remove. This is stopping him from traveling his partner is a teacher and has been offered a job un a boarding school so they either have to split up or live apart because of the actins of a 14 year old.
Can we get this removed through the courts?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
On what basis ?
Sorry if Im missing the point.
Customer: replied 2 years ago.
I want to get the caution removed from his record is this possible as it was what we were told when he got it?
Expert:  Jo C. replied 2 years ago.
No, I'm afraid it is not. It is never a good idea to take advice from the police as they have absolutely no idea.
There is no appeal from a caution because it is effectively a guilty plea.
It will always remain on his PNC.
It will have dropped off basic DBS checking immediately because it is spent as soon as it is administered.
As he was a youth at the time it will drop off standard checking after five years.
It will always show on enhanced checking unless he can convince the chief constable that it has no relevance. I'm afraid that they generally do err on the side of caution and disclose everything as they do not want to be liable if anything goes wrong and, in truth, given the nature of the caution is likely to be considered relevant to work in a boarding school.
I'm very sorry but that's your position.
Can I clarify anything for you?
Customer: replied 2 years ago.
No thank you
Expert:  Jo C. replied 2 years ago.
No problem and all the best.
For what it is worth, the older the offence the less likely anybody is to take any notice of it.
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