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Jo C.
Jo C., Barrister
Category: UK Law
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Experience:  Over 5 years in practice.
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How can I get my criminal record expunged in the UK When I

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How can I get my criminal record expunged in the UK? When I was 14 I went through a bad year of teenage rebelion triggered by family issues, now 27yr mum & working professsional I was surprised when I recieved my CRB listing things that happened 13 years ago and to learn that there is no such thing as a spent conviction! There must be something I can do?
Submitted: 2 years ago.
Category: UK Law
Expert:  Jo C. replied 2 years ago.
Hi

Thank you for your question. I will try to help with this.

Are you hoping this can be wiped off completely?
Customer: replied 2 years ago.
If thats possible then yes definatly because they are completly irrelavent now. I don't even use the same name anymore which just conjours up more problems when my CRB is questioned and I end up having to go over my life story with a complete stranger which is just not right.
Expert:  Jo C. replied 2 years ago.
'Thank you for this information. I keep losing my internet connection at the moment but I will be in a secure place within a short time. I will respond to your question as soon as possible. Please do not respond to this message as it will push your question to the back of my list. Many thanks for your patience'.
Expert:  Jo C. replied 2 years ago.
Ok.

You cannot have it removed completely.

It may well have dropped off basic crb checking now depending on the sentence that you got.

But it will always show on enhanced checking at least until the government change the law. They are under pressure to consider that issue as Europe have issued various declarations of incompability.

You can ask the police not to include it on your crb check using the exceptional circumstances procedure. Whether they will or not is another matter. Overall they are reluctant to exclude it depending on what it is to avoid liability on their part. That said, they are showing more willingness after the european ruling.

Failing that you can always judicially review the decision to refuse although these are expensive actions with high tests unfortunately.

Please remember to press accept. I will ahppilty answer your follow up questions for free thereafter.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 64022
Experience: Over 5 years in practice.
Jo C. and 6 other UK Law Specialists are ready to help you
Customer: replied 2 years ago.
What does 'judicially review the decision to refuse' mean and how do I ask the police not to include it using exceptional circumstances?
Expert:  Jo C. replied 2 years ago.
I'm out on a mobile device at the moment but if you give me a couple of hours I can find you a link to a site with the procedure.

Please don't respond to this message or it will slip back into my inbox.

It is probably worth asking the police to do this. It might be effective.
Expert:  Jo C. replied 2 years ago.
Sorry about the delay. I'm still using a mobile device as my provider is doing 'maintenance works', would you believe?

You can find quite good information on the procedure here

http://www.unlock.org.uk/xoffenders.aspx?sid=188

Although that page does focus on non conviction information the procedure is much the same.

Overall, I probably would ask. It costs you nothing to do so. But I'm afraid I would brace yourself to be refused. The police generally would rather not take risks unfortunately.

That said, I think it is likely that the law will change on this point as its just having the effect of preventing people from being rehabilitated. All probably isn't lost forever.
Customer: replied 2 years ago.
Thanks for your reply. I have had a look through the information on both the exceptional circumstances procedure and the Judicial Review. It seems as if the Judicial Review would be the better option but would I need to start off with going through the exceptional circumstances route or could I go directly through to the JR? If so who would I need to contact to get the ball rolling for the JR?

The JR info states that it is there to challenge the lawfulness of a decision, I'm unclear on what this means exactly. Does this mean it can only be used if the body in question came to their decision without following the correct procedure? As if it does then I don't think this would help either in hindsight.
Expert:  Jo C. replied 2 years ago.
No, JR should always be a last resort.

Also, its a very expensive action and a very high test. Sorry to be negative but you probably want to know the truth.

You would have to argue the decision to refuse to remove this information was one that no reasonable chief constable could have reached which is pretty difficult given the fact that the law allows him to.
Customer: replied 2 years ago.
OK. I guess I have nothing to lose by writing a few letters. It's not like I killed anyone, I didn't even go to prison or young offenders, although it makes me want to kill myself because of the amount of barriers this is causing. Oh well I shall just shut up and put up and look forward to a life back on the dole at some point. Whats the point of trying. God help the thousands of rioters that are currently being convicted in 10-15 years time there will no doubt be an overwhelming rise in crime as they will feel like they have no other choice than to continue there lives as criminals as thats the option the system gives you. Once a statistic always a statistic.

Thanks for your help though.
Expert:  Jo C. replied 2 years ago.
Yes, I agree. I would always try the cheap option first.

I think you might find though that in a few years this procedure might be changed automatically. The government are under increasing pressure from Europe.

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