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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 2069
Experience:  Owner at James Bruce Solicitors
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In 2007 I was Charged for benefit fraud in the Magistrates

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Hi,
JA: Hi. How can I help?
Customer: in 2007 I was Charged for benefit fraud in the Magistrates court. This was not a police conviction, i was not arrested or anything. This was just a court hearing
JA: Do you have any upcoming court dates on the fraud charges?
Customer: no nothing
JA: Have you talked to a lawyer about this yet?
Customer: The thing is that I have applied with the MET police twice and my application has been rejected because this keeps coming up on my record
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i seem to be going round in circles and not getting anywhere or getting any results. I have tried t contact the court. and brentford court has now closed down

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
I will explain what has most likely happened.

Benefits fraud cases would normally be investigated either by DWP if it is main government benefits that were under investigation, or by the local council if it was local benefits such as council tax etc. Sometime, those agencies can ask the police to arrest someone on suspicion of benefits fraud and then interview them at the police station. Or, they can investigate and deal with the matter in house and not involve the police.

Either way, the result would be the same. If there was sufficient evidence to prosecute, then the matter would go to court. If convicted, you would still have a criminal conviction for benefits fraud. That conviction would show up on any DBS check when looking to see if you have any cautions or criminal convictions.

An adult conviction will be removed from a DBS certificate if:

  • 11 years have elapsed since the date of conviction; and
  • it is the person’s only offence, and
  • it did not result in a custodial sentence

Even then, it will only be removed if it does not appear on the list of offences which will never be filtered from a certificate. If a person has more than one offence, then details of all their convictions will always be included. The benefits fraud conviction does not appear on the barred list.

james bruce and 3 other Law Specialists are ready to help you
Customer: replied 7 days ago.
I have never been in any kind of trouble before and after this offence. I have a clean record otherwise. I am currently working for the immigration detainee custody officer. My future plan is to join the met police. I have tried on two occasions to apply with the met and have been rejected because of this offence. As it’s been more than 12 years now it should be deleted altogether from my record . How can I do this to get it removed??

Further to our phone conversation, If a person has more than one offence, then details of all their convictions will always be included. With benefits offences, very often when a person thinks they have committed one offence, they have actually committed several.

The actual false application to make the claim is one offence, receiving the benefit when not entitled to it could be another. Failure to notify a change in circumstances in relation to that claim in yet another offence.

As a benefit fraud conviction is not on the list of barred offences, then it should be removed automatically after 11 years. However as above, if more than one offence, then they remain. As you are unsure exactly how many offences were included, I would suggest speaking with the authority who took you to court, as they will certainly have the details still on record. You could also try the local court.

You can also use the link below to obtain a copy of your own DBS.

https://www.gov.uk/request-copy-criminal-record

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 7 days ago.
HiCan u please cancel any further payments please.Thanks

hello, as an legal expert, I answer the question but have no access to account detail, you can make your request from your members account section.
I will also send request for you to customer service.