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Jamie-Law
Jamie-Law, Solicitor
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Experience:  Solicitor
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I was convicted in my absence due to police recording wrong

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Hi, I was convicted in my absence due to police recording wrong address and me not receiving the summons. I made an Statutory Declaration and was told I did not have to pay fine etc.. that they accepted I never lived at the address the summons was sent to but to wait because the cps could start the process over etc.. nearly nine years on and I just did a DBS and the conviction in my absence is on my police file. I have managed to get a copy via Magistrates of the file but it only states that I made the Statutory Declaration. How can I get the conviction removed? Thank you.

Hello my name is ***** ***** I will help you with this.

Has the Court said that your conviction was set aside?

Customer: replied 1 year ago.
At the time I was told it was and had no fine to pay. But the warned the cps could start proceedings again but I never heard anything in nearly nine years until the DBS check revealed the conviction etc..

Ok. But has the Court said your conviction was set aside?

Customer: replied 1 year ago.
The only proof I have after all this time is the file where the Statutory Declaration was added to the file and the file even had the wrong address that I swore I never lived at and even provided my licence that the Police used to verify.
Customer: replied 1 year ago.
the Magistrate said it was and I was free to go

Ok - can you get confirmation from the Court in writing?

Customer: replied 1 year ago.
The court have provided me with all they say they have which I can show you.
Customer: replied 1 year ago.
I think I was asked what my plea was to which I said not guilty.

Ok. I would write to the Court and ask that for confirmation that the conviction was set aside.

Usually it is when you make a stat demand, otherwise it's not accepted.

You can dispute the entry. You need to do this by completing a form:

You can find it here:

https://www.gov.uk/report-problem-criminal-record-certificate

They will investigate the matter and ask for the Police to also look at it.

That should then remove the incorrect entries.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 1 year ago.
Is the entry by the Magistrate that the Statutory Declaration was made and the wrong address evident on the file enough to have the conviction removed? I am having to send a copy to DBS also who will contact the police with the evidence. My concern is the limited information being provided. If it was not quashed then the fine would be outstanding.. yet I was told I had nothing to pay. Thank you for your help.

Not that. But once you make a stat dec and it is accepted, the conviction is set aside.

Does that assist?

Customer: replied 1 year ago.
I made the stat in 2009

Yes I realise that. Is it in relation to the original conviction?

When you make a Stat Dec - the conviction is set aside.

So should not show.

Does that assist?

Customer: replied 1 year ago.
it was in relation to the convicted when absent due to summons being sent to a different address due to police error and the cps never pursued the matter after I made the stat. Sorry if I was not clear enough.

Ok - then it should be set aside.

So you need to follow the process I outlined above for challenging an entry

Does that assist?

Customer: replied 1 year ago.
But the conviction as been there since they convicted me without me knowing. So I have evidence of making the Statutory dec but still on local police file, thank you for your help

Yes, I realise that. But you made a stat dec after conviction.

So it should be set aside and not be showing.

Does that assist?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I understand, and at odds myself as to why it remains and will look at your way of setting aside. Thank you.

I dont know, it is usual.

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