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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 80252
Experience:  Over 5 years in practice
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Remove conviction, Uk, none, racially/ religiously

Customer Question

remove conviction
JA: Where is this? It matters because laws vary by location.
Customer: Uk
JA: What steps have been taken so far?
Customer: none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: racially/ religiously aggravated intentional harassment alarm distress - words/writing 03/07/2017
Submitted: 18 days ago.
Category: Law
Expert:  Jo C. replied 18 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.

what happened - all relevant details please

Customer: replied 18 days ago.
There was a car accident I was alleged to call someone a terrorist they apparently had an independent witness regardless of my 6 witness
Offence racially religiously aggravated intentional harassment alarm distress words writing - received 4 months curfew
Expert:  Jo C. replied 18 days ago.

Ok, so what do you want to know?

Customer: replied 18 days ago.
I don’t Wang to switch
Expert:  Jo C. replied 18 days ago.

no there would be no point now.

Expert:  Jo C. replied 16 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.

Jo

Customer: replied 16 days ago.
That’s clear enough. If you could clarify one more thing that is if the offence is S31(1)(B) Crime and Disorder Act 1998. Racially Religiously Aggravated intentional harassment Alarm Distress - Words Writing convicted in England. What is the equivalent of this offence for Scotland and is it in Higher level disclosure offences that must be disclosed unless Sheriff orders otherwise.. could I be considered with this offence by the sheriff or is it by Scottish law that I have no hope since it’s set in stone statute?
If it’s the law than it’s a closed door to write to the sherif to decide if it must be disclosed. But what does the Scottish law say with this regard. I understand in England it must remain on show on DBS for 11 years but considering the offence - this particular one will never be filtered but in Scottish law - it can be filtered after 15 years however there is also an option to write to the Sheriff - do I qualify in the Sheriff to exercise their discretion for the offence not to be disclosed on a standard Scottish disclosure for a Compliance Facilitator role.
Customer: replied 16 days ago.
File attached (P6PQ5TG)
Customer: replied 16 days ago.
File attached (GGTL2PT)
Expert:  Jo C. replied 16 days ago.

I dont practice in Scotland but generally speaking, all members states of the EU had to have reasonableness clauses to their statutes to avoid offending against human rights.

So there is probably some challenge. Whether its worth bringing is another matter.

Everybody is very sensitive about racially sensitive offences.

Customer: replied 16 days ago.
Are you not able to find this information? So I understand wether I have an opportunity to write to the Sheriff
Expert:  Jo C. replied 16 days ago.

No, I don't practice in Scotland.

your original post didn't say anything about Scotland or I wouldn't have answered.

In all honesty, all I provide is an internet researcher.