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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 78691
Experience:  Over 5 years in practice
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I have a drink driving conviction more than 10 years old...

Customer Question

Hello... i have a drink driving conviction more than 10 years old... i got a 8 month custodial sentence for this.. this appears on my DBS check and even on the DBS check they got the cutodial sentence wrong, they wrote 13 months, which is wrong. One of the conditions of my sentence was to do a extended driving test. When i spoke to DBS, they tell me that the conviction is upheld because i have not done an extended driving test. i informed them that i am not looking to get my drivers license for the forseable future but, they insist that i have to do this test.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: This is the first time i am talking to a lawayer about this. I live in London. I'm UK national.
JA: What steps have you taken so far?
Customer: i complained to DBS but, they still upheld convition details on DBS certificate.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: this conviction did not appear on my last year certificate but, it appears on this year certificate.
Submitted: 13 days ago.
Category: Law
Expert:  Jo C. replied 13 days 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.

Expert:  Jo C. replied 13 days ago.

Are you asking how to correct your DBS check?

Customer: replied 13 days ago.
I think my convition is spent and i want it removed from my DBS certificate. I dont want to get a drivers license, hence i dont need to do an extended test.
Expert:  Jo C. replied 13 days ago.

What level of checking do you face?

Customer: replied 13 days ago.
Its just a basic DBS check certificate.
Expert:  Jo C. replied 13 days ago.

Thanks for the information

Ifyou believe the information on your enhanced certificate is inaccurate then youmay make a written application to the DBS seeking a newcertificate (section117(1), Police Act 1997). A new certificate will be issued where the DBS is satisfied of theinaccuracy in question (section117(2), Police Act 1997).

On the face of it, this is spent. You will find therehabilitation periods here.

https://hub.unlock.org.uk/knowledgebase/spent-now-brief-guide-changes-roa/

You will obviously need to prove that you do not have to doan extended retest and for that you would need to get your PNC print out. You cando that by making a subject access requested any police station.

If that is also wrong then you are going to have to approachthe court for a memorandum of conviction which might very well be difficult now.

They don't all keep records that far back.

Can I clarify anything for you?

Hopefully, Ihave answered your query in a way that is simple and easy to understand. If anythingremains unclear, I will be more than happy to clarify it for you. In themeantime, thank you once again for using our services.

Jo

Customer: replied 13 days ago.
I looked at the rehabilitation periods but, cant see anythig about having to take an extended driving test.
Expert:  Jo C. replied 13 days ago.

It wouldn't be automatic.

The only thing is that you did get 8 months which should have been impossible for a drink driving so I suspect the offence is wrong.

if this were a dangerous driving then an extended rest is mandatory.

Customer: replied 13 days ago.
here are the 2 offences as stated on DBS certificate:
1. Dangerous driving on 30 August 2009 - Imprisonment 10 months, Driving license endorsed, Disqualification from driving 3 years until test passed.2. Driving motor vehicle with excess alchol on 30 August 2009 - Imprisonment 3 months, Driving license endorsed, Disqualification from driving 3 years
Expert:  Jo C. replied 13 days ago.

Right, and what is wrong about that?

Customer: replied 13 days ago.
i was in custody for only 2 months.
Expert:  Jo C. replied 13 days ago.

well then you take the steps above

Expert:  Jo C. replied 12 days ago.

Just like with an appointment in real life, or a job interview, a follow up is good practice: "Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions-I am happy to help!” Or if the customer is already satisfied: “I am glad I was able to help. Have a great day.

Customer: replied 8 days ago.
Hi... I’m at the police station and they are saying that they don’t give PNC printouts...
Expert:  Jo C. replied 8 days ago.

No, of course they dont.

That is why you have to make a SAR

https://ico.org.uk/your-data-matters/crime/

Customer: replied 8 days ago.
You will obviously need to prove that you do not have to doan extended retest and for that you would need to get your PNC print out. You cando that by making a subject access requested any police station.
Customer: replied 8 days ago.
This was your reply...
Customer: replied 8 days ago.
You cando that by making a subject access requested any police station.
Expert:  Jo C. replied 8 days ago.

Yes? A SAR?

Customer: replied 8 days ago.
I went to the police station and requested access... they said, I can’t do this at the police station SAR
Expert:  Jo C. replied 8 days ago.

Then that is wrong.

I gave you the link abve?

Expert:  Jo C. replied 7 days ago.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions-I am happy to help!”

Customer: replied 7 days ago.
Are you not able to tell me if I have to take an extended driving test or not... I’m not planning to get a license so, in effect they are forcing me to take a driving license.
Expert:  Jo C. replied 7 days ago.

I think I covered this above?

Was there something else you wanted to know?

Obviously I will not know whether that is on your PNC. But yes, you may have to in the circumstances I have described above.

Customer: replied 7 days ago.
Is there away i can get this resolved? i am working and dont have time to do all this... i just want to know for sure that if my conviction is spent or not because of this extended driving test. are you able to refer me to a company where i can get this resolved for a fee ?
Expert:  Jo C. replied 7 days ago.

Yes, you can make a SAR.

There isn't any other way of achieving that.

I gave you the link above?

Expert:  Jo C. replied 6 days ago.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions-I am happy to help!”

Customer: replied 23 hours ago.
Hi, When i spoke to the p[olice, they told me that PNC will show 30 year conviction. What will change after getting a PNC, what can i do with it?I wrote to Peterborough court asking for asking for convition details and they are working on it.DBS is forcing me to take a driving test which i dont want. This has no sense.I just need for DBS to understand thay cant force me to take a driving test.I sent an email to the effect that they are forcing me to take a test and i am not taking a drivers license because problems i have.
Expert:  Jo C. replied 23 hours ago.

You don't get the PNC.

You get a SAR.

I'm not sure what you mean by your other points.

i'm not going to be able to tell you there is any other way to resolve this than to get a SAR.

Customer: replied 23 hours ago.
SAR will show my convictions.. the issue is DBS telling me to take an extended driving test.
This has no sense. I don’t want a drivers license.
Expert:  Jo C. replied 23 hours ago.

No, but as I have said, you need to get a SAR in order to identify what is the conviction and the sentence.

Expert:  Jo C. replied 23 hours ago.

It has no sense indeed.

What you need to do is make a SAR.

Customer: replied 23 hours ago.
Ok.. SAR will show my convictions. What I can do with it after?
The condition to take an extended driving test will still exist.
This is the reason given for not removing conviction from DBS check.
Expert:  Jo C. replied 23 hours ago.

Then we ascertain what the conviction is.

If that is wrong then there are further actions that can be taken.

Although frankly it would be easier to just retake your test.

But if the issue is the DBS then this will have to be corrected.

But we are just going round in circles.

Customer: replied 23 hours ago.
I have a problem with driving. I don’t want to end up in jail or hurt someone.The conviction is spend but, they will not take it out because of this extended test condition. They insist I take the test. Which does not make any sense.
Expert:  Jo C. replied 23 hours ago.

Yes, but we have been over this many times.

I understand your position.

I understand this is frustrating.

What you need to do is what I said above.

Customer: replied 23 hours ago.
I understand but, SAR will show extended driving test condition.
After getting SAR, I will go back to DBS, they will tell me the condition still exists.
Expert:  Jo C. replied 23 hours ago.

Then we ascertain what the conviction is.

If that is wrong then there are further actions that can be taken.

Although frankly it would be easier to just retake your test.

But if the issue is the DBS then this will have to be corrected.

But we are just going round in circles.

Customer: replied 23 hours ago.
How can I make DBS see sense ?
Is there some type of court ? Or parliamentary committee ??
Customer: replied 23 hours ago.
I’ve asked convention details from Peterborough Crown Court.
This will show conviction details.
Expert:  Jo C. replied 22 hours ago.

You can't at the moment for the reasons I've explained.