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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Can a caution become spent/deleted after a particular lengh

Resolved Question:

Can a caution become spent/deleted after a particular lengh of time (under what condition?) and will it be a criminal record?
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your question.

 

Convictions become "spent" under the Rehabilitation of Offenders Act 1974 after the requisite period of time for the sentence received. A police caution is not a conviction, it does not mean that you are charged with an offence for which you could be convicted - it is simply the police's version of a warning about your conduct.

 

The police maintain a database of the caution but it is NOT actually recorded as an offence.

 

A caution would not show up on a standard CRB check but would show up on a enhanced CRB check, but obviously only as a caution.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 3 years ago.
Can this record be deleted after a length of period?
Expert:  Thomas replied 3 years ago.

Hi

 

Thanks for you reply.

 

I'm afraid not, no. Cautions in the scheme of crmininal activity is the lowest form however, it is not a conviction and is considered "spent" immediately for the purpose of the Act. It is considered conduct that is not serious enough to warrant being charged and convicted for.

 

Trust this clarifies, if so please click accept.


Kind regards,


Tom

Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert:  Thomas replied 3 years ago.
I note you have relisted the question.

What further information do you require?

Tom
Customer: replied 3 years ago.
I am sorry I am new to thsi website and did not know how to proceed with the question. I needed to ask if the caution as a record needs to be disclosed if applying for a job in the UK? My friend is also worried that this will prevent her from getting her work authorisation in the US as she is moving there with her husband and they already has the visa (L1 for the husband and L2 for the wife). WIll this need to be disclosed and will this prevent her from getting a work authorisation in the US? Thanks
Expert:  Thomas replied 3 years ago.

Hi,

 

That's fine, I understand.

 

Generally, there is not considered a duty to volunteer cautions in job interviews. If however, they are asked (whether in a standard form questionaire or directly in interview) if they have any cautions then they should disclose. If they do not then it is viewed as willful deception and can therefore form the basis of misconduct, the conseqences of which can (and often does) detrimentally affect the person more than actually disclosing the offence in the first place.

 

If they have been through the application process and obtained visas then the criminal checks would already have been carried out. Any caution revealed would have already been taken in to account by the US immigraiton authority in determining their eligiblity for a visa.

 

Please click accept, I shall continue to answer your follow up questions.


Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6588
Experience: BA (Hons), PgDip, Practising Solicitor
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