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I have a record for theft from an employer, and it will become 'spent' within 5 years so I don't have to disclose it after that.

I was wondering, does the record ever get deleted, or can you apply for it to be deleted? Isn't it within 10 years or so? I'm not looking for answers pulled off the internet, I want a definitive answer as to whether a record for a minor offence is actually deleted. I'm just thinking about years down the line if I wanted to move abroad or something it could cause some trouble.

2006-12-25 02:29:04 · 16 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

Thanks for the answers so far. However many of them completely rule out what other replies say! When someone says it 'can't be used against me' after 10 years, what does that mean? I know that as I received community service the conviction is spent after 5 years, so actually it 'can't be used against me' after then.

I'm only worried about going to the USA for example and having trouble getting in, or if I wanted to live there in the future. That's why I want confirmation as to whether I would still have a record I had to declare to them, or whether after 10 years or so I could apply for it to be removed. Obviously it may still be on computers somewhere, but it may be able to be removed to prevent the usual barriers there are when one has a record which is even spent.

2006-12-25 11:28:37 · update #1

16 answers

Nether gets deleted even when your dead it comes up deceased on the computer!.
That should answer you question!.

2006-12-25 02:34:03 · answer #1 · answered by Gilly 4 · 0 0

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2016-06-13 12:05:37 · answer #2 · answered by ? 3 · 0 0

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2017-01-22 05:36:59 · answer #3 · answered by ? 4 · 0 0

A person's offence will still remain on the Police National Computer even after it has become spent - it will not be deleted. Broadly, according to the guidelines from the Association of Chief Police Officers, records of 'recordable' offences (i.e. offences which can be tried in the Crown Court, whether or not they are) should be deleted after 10 years, unless they show that the offender has 3 or more convictions for recordable offences (in which case the record will be kept for 20 years); has been given custodial sentences (in which case the record will be kept for life); has been convicted of indecency, sexual offences, violence, possession of Class A drugs, or trafficking in, importing of or supply of any drug (in which case the record will be kept for life); been found unfit to plead by reason of insanity, or has been sentenced under the Mental Health Acts (in which case the record will be kept for life); been convicted of an offence involving a child or vulnerable adult where the MO indicates that the person deliberately targets such people ( in which case the record will be kept for life).

Individual Chief Constables are not bound by the ACPO guidelines so policy and practice will vary between police forces.

The time required before a record becomes spent varies with the sentence, not the offence. 6 months or less "inside" requires 7 years, 6 months - 2.5 years requires 10 years. Fines, probation, community service etc become spent after 5 years. Different countries have different requirements for visas, work permits and the like.

I'd guess you had a "one-off" conviction with a fine or similar, so it will become spent after 5 years and PROBABLY deleted after 10 years ,but there's no guarantee.

2006-12-25 03:25:42 · answer #4 · answered by champer 7 · 0 0

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2016-04-22 18:56:23 · answer #5 · answered by ? 3 · 0 0

A UK criminal record is never deleted from file. If for example you wanted to visit the USA, the Americans would want to know all about you and your criminal past. They may refuse you an entry visa.

2006-12-28 02:03:08 · answer #6 · answered by Anonymous · 0 0

If the crime is commited after the age of 18 and carries a coniction it will stay on your record, however if you were to have a CRB check this information would not be shown if the convction is spent. Different convictions and sentences carry different lengths of time on your disclosure.
If it is spent now they you do not have to declare to your employer.
I also know that if the crime was commited before you were 18 the time spent is halfed. eg. 5 years would be 2.5 years.

if your not too sure check the official CRB website or read the CRB booklet which is enclosd with any appliaton form for a CRB check.

Also countries like america and australia could refuse you entry but this is for crimes like drugs and organized crime.

my farther has recently gained permanent residency in australia and he has a hefty record.

2006-12-28 08:25:04 · answer #7 · answered by Anonymous · 0 0

Your criminal record will be deleted 5yrs after you have died. However, you are talking about spent convictions, you are right you dont have to disclose it after 5 yrs unless your employer specifically asks on the application form to include spent convictions. This is covered under the rehabilitation of offenders act 1973. if you fail to delcare it on an application when you are asked for spent ones as well, you can actually be arrested for obtaining a pecuniary advantage under sect 16 of the theft act 1968. what that means, if you dont tell the boss get the job by deceptive means, or would you have got the job if you had told him about your conviction. hope thats clear enough, happy for you to email if you want clarification

2006-12-26 05:00:50 · answer #8 · answered by sunnybums 3 · 0 0

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2014-08-21 08:56:48 · answer #9 · answered by Anonymous · 0 2

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2015-08-20 04:58:05 · answer #10 · answered by ? 1 · 0 0

In most cases it becomes spent after 5 years, but there are some crimes that are NEVER spent, and there are some places of employment where any criminal record is never spent, even though it amy be for other jobs.

2006-12-25 03:18:08 · answer #11 · answered by mike-from-spain 6 · 0 0

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