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Old May 15th 2011, 4:15 pm   #1
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Default Criminal Record Expiry

Hey everyone!

First post, even though I have been lurking here for quite a while. Not yet had the courage to post about my experiences as it would be an extremely long story and tbh I'm scared of opening up some emotional floodgates that are better off closed for the time being.

Anyway, for now I have a practical question. The hubby and I moved from the UK to the Middle East nearly two years ago now. OH loves it here, we both have great jobs and are on a decent wage, but I am desperate to return to the UK. My OH understands how unhappy I am and would go back to the UK with me, but there are a few practical reasons that are keeping us here for the time being. Probably the main reason is the fact he has a criminal record back in the UK. Without going into too much detail, when he was in his early twenties he got involved in a road rage incident and subsequently became the victim of the UK's 'there is no such thing as self defence' policy. His sollicitor at the time coerced him into pleading guilty and as a result he got a probational 6 month sentence and a permanent record.

Despite his otherwise clean record, these circumstances made it virtually impossible for him to find a good job in the UK, which is the main reason why we moved here.

So as for my question... the main factor in our possible return to the UK is for his criminal record to become spent (we know it will never be cleared from your record, but at least in most job applications he wouldn't have to declare it anymore). However, because the whole experience was very traumatising for him, he has recently admitted to me he's not even sure of the exact sentence he got, which makes it impossible for us to determine after how long his sentence would become spent. So does anyone have some information on who I should contact to obtain his exact sentence and hopefully more information on the date when it is set to become spent (Crown Court, police, etc?). Or should I simply order a CRB check?

Also any additional information from people with similar experiences or just people in the know would be highly appreciated. For instance, how much impact does a CR practically have once it has become spent and what are his rights with regards to job applications etc.

Thanks in advance!
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Old May 16th 2011, 1:05 am   #2
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Default Re: Criminal Record Expiry

You cannot order a CRB check yourself. You can, however, order a Subject Access request to the local police force, including a request for any information on the Police National Computer.

Cost is GBP10. They have to supply it under the Data Protection Act.

Subsequently, you can contact the local court for documentation about the conviction.

I wonder how many people out there plead guilty (or accept a caution, much the same thing) and later on regret that fact.
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Old May 16th 2011, 8:59 am   #3
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Default Re: Criminal Record Expiry

Quote:
Originally Posted by Ellen82 View Post
Hey everyone!

First post, even though I have been lurking here for quite a while. Not yet had the courage to post about my experiences as it would be an extremely long story and tbh I'm scared of opening up some emotional floodgates that are better off closed for the time being.

Anyway, for now I have a practical question. The hubby and I moved from the UK to the Middle East nearly two years ago now. OH loves it here, we both have great jobs and are on a decent wage, but I am desperate to return to the UK. My OH understands how unhappy I am and would go back to the UK with me, but there are a few practical reasons that are keeping us here for the time being. Probably the main reason is the fact he has a criminal record back in the UK. Without going into too much detail, when he was in his early twenties he got involved in a road rage incident and subsequently became the victim of the UK's 'there is no such thing as self defence' policy. His sollicitor at the time coerced him into pleading guilty and as a result he got a probational 6 month sentence and a permanent record.

Despite his otherwise clean record, these circumstances made it virtually impossible for him to find a good job in the UK, which is the main reason why we moved here.

So as for my question... the main factor in our possible return to the UK is for his criminal record to become spent (we know it will never be cleared from your record, but at least in most job applications he wouldn't have to declare it anymore). However, because the whole experience was very traumatising for him, he has recently admitted to me he's not even sure of the exact sentence he got, which makes it impossible for us to determine after how long his sentence would become spent. So does anyone have some information on who I should contact to obtain his exact sentence and hopefully more information on the date when it is set to become spent (Crown Court, police, etc?). Or should I simply order a CRB check?

Also any additional information from people with similar experiences or just people in the know would be highly appreciated. For instance, how much impact does a CR practically have once it has become spent and what are his rights with regards to job applications etc.

Thanks in advance!
It really depends on what type of work he is applying for. It is actually illegal for some employers for some jobs types to apply for a CRB, even a standard one. BUT it is frequently insisted on by employers & employees dont challenge it.

This leaflet explains rehabilatation periods http://www.nacro.org.uk

You should complain to CRB http://www.crb.homeoffice.gov.uk & NACRO if you think they should not be carrying out a check.
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