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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75061
Experience:  Over 5 years in practice
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My partner has a conviction from around 5 years ago for

Customer Question

My partner has a conviction from around 5 years ago for trespassing and hunting on illegal land. He was informed but he officer on scene that if he completed a form that would be sent to him in the post he’d receive only a fine and no conviction. He filled this form and returned it to later receive a fine and a conviction. He’s desperate to obtain a job as a prison officer something he’s aimed to do his hole life and this conviction is incredibly hindering him in the vetting process. Is there any way of getting this record expunged or removed from his record. Also is there any other way around getting through the vetting process if this can’t be removed
Assistant: What was the conviction for exactly? Have all appeals been exhausted?
Customer: Basically for hunting of land mammals with dogs and trespassing. He was 20 at the time and believed his friend had the permission of the land owner to use his land. And we weren’t exactly sure how to go about appealing the conviction with it being 5 years ago, he just kind of rolled over and accepted it as he wasn’t sure how to go about appealing it
Assistant: Where did the trespassing occur?
Customer: On a private field in Lancashire
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Don’t think so
Submitted: 5 months ago.
Category: Law
Expert:  Jo C. replied 5 months ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

what were the exact charges please?

Customer: replied 5 months ago.
Him and his mate were asked to fill in a form and send it back, in order for them to not be prosecuted, he received a fine and the conviction of hunting of mammals and trespassing on private land, of which he believed his friend had permission to be on.
Customer: replied 5 months ago.
They put it as he pleaded guilty via post, however he was under the impression he wouldn’t receive a criminal conviction told to him by the officer on scene, and now he’s desperate to become a prison officer but is struggling to get through the automated vetting due to this conviction
Expert:  Jo C. replied 5 months ago.

What level of checking is he facing?

Customer: replied 5 months ago.
I believe it’s just a dbs check as the main and then they take a select few to do an extensive vetting check on them but not sure what that is and they’re just random selection.
Expert:  Jo C. replied 5 months ago.

Thanks for the information.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

The fact of the conviction will stay upon the police national computer. It will only be revealed on checking and then only if deemed relevant to the application you are making.

You do have the right to ask the chief constable to remove that and judicially review any refusal to do so but that is expensive and doesn't have the best of chance of success I'm afraid.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo.