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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 80226
Experience:  Over 5 years in practice
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I was cleared of an offence and the judge recommended to the

Customer Question

I was cleared of an offence and the judge recommended to the prosecution barrister that my record be fully expunged relating to this offence. I have been informed off the record by a police officer that this has never been done. How can I check this? I ahve run a DBS and it didnt show but I want to be sure that the police have complied with the request and despite a number of letters sent they have never confirmed.
JA: Where are you? It matters because laws vary by location.
Customer: Staffordshire
JA: What steps have you taken so far?
Customer: written to the officer in charge as did my solicitor and the office said it wasnt his repsonsibility.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: When I spoke to the officer in charge he commented that despite the judicial recommendation he felt it should remain on my record.. so clearly he had no intention of complying. The judges recommendation would be in the court record, as it was a crown court and concerning attempted child abduction, of which I was innocent
Submitted: 15 days ago.
Category: Law
Expert:  Jo C. replied 15 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 12 days ago.

Thanks for the information

I'm afraid that you cannot clear a criminal record.

That is a bit of a myth.

All will recordable offences remain up on the police national computer until the subject reaches the age of 100.

You may be thinking of the “Exceptional case Procedure”.  You can ask for matters to be removed but it really does have to be exceptional; for instance you were arrested for an offence that should never have been an offence, such as homosexuality.

The other alternative is the stepping down procedure.  This doesn’t remove it from PNC but it may mean its not visible on DBS checks.

It will show on enhanced checking forever, be stepped down on standard after 11 years depending on the nature of the conviction and drop off basic checking as soon as the conviction is spent though.

You are probably not enhanced checked so it will be stepped down soon.

Can I clarify anything for you?

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