Is it possible to get a conviction removed?

Question

I have a relative who is 41, he has just been told that he has to leave his job in social care because of a conviction for Arson when he was 12. This resulted from him being with an older boy who placed a banger, on November the 5th, through a letter box. All he can remember about this, is that the boy, was a local nutter and he can't remember why he was with him anyway. He's had many problems over the years because of this conviction even though he was juvenile because all that the record sais, is "Arson" and not the circumstances. But this is the first time he has lost employment over it, as you can see from the above, he now feels he is in a hopeless situation, unless he can remove the title of the conviction (downgrade) to say criminal damage, or get the conviction removed altogether.

He was born and raised in Brighton, England. He has a few adult convictions but has not been convicted for anything since 1992. When he decided to grow up. The adult convictions haven't troubled him because of the time clean of anymore but the "Arson" is a competely different story.

Even though he was a juvenile.

Answer 1

This is complicated so bare with me
I am in the same position.

Most offences are considered 'spent' after some years - between 2 and 10 ( some very serious acts of voilence murder etc never)

But no, in the UK if you work with vulnerable or young people no conviction is ever considered spent, however small and however long ago. ( but they can be effectively wiped - see nacro contact number below)

By law if you work in certain professions in the UK you have to declare any convictions still on record on any application form and if you do not and the police check .......

( which is done in the UK for any application for any job with anyone under 21 and/or those considered vulnerable)

....Shows up any convictions since you reached 16 and in some cases younger i.e murder, Arson, GBH etc that you have not declared on your application form.
You can be prosecuted for not declaring them - as not to when you apply for a job is also an offence.

Are you sure that this person is not being dismissed for not informing his emploers and not the offence itself??

As this happened to me once as I felt that my offences at 15 were too long ago to count and did not declare them, I got the job and then they tried to dismiss me for not declaring them!!!
This is more common once you are in a job than to be dismissed for having the offence -

The rule is - always declare your offences on application and you still stand a chance of getting the job and you are not breaking the law as you would if you did not declare them

As if an employer employs you knowing you have this offence ( which you have to declare by law only when you apply for certain jobs) then they have no ground for dismissing you because of it .
The jobs you have to declare ALL offences on record are: working with children and vulnerable adults, such as elderly and disabled people
senior roles in banking and the financial services industry
certain posts connected to law enforcement, including the judiciary and the police
work involving national security
the navy, the military, the air force
certain posts in the prison service
certain professions in areas such as health, pharmacy and the law
private security work.


I am now 54 and a qualified youth worker and a qualified teacher and worked for over 25 years with young people and with vulnerable people such as those with learning difficulties.

However I trained for this sort of work because I was a vulnerable young person myself 30 odd years ago as I had a difficult upbringing, was considered to have learning difficulties - I don't just bad schooling and home life plus dyslexia led to it appearing this way -

by 14/15 I was homeless - on the streets of London and occasionally living with older addicts ( I have never been an addict) in squats etc
During this time for survival I broke the law in some minor ways i.e shoplifting fro food, selling cannabis to buy food Anyway to cut a VERY long story short I was not a good criminal and got caught and have prosecutions for shoplifting, loitering i.e sleeping in doorways and one for cannabis on my record between age 14 to 18 and had police warning when in squats when raided.


I got myself together, educated myself and chose as a profession to work with young and vulnerable people as I know what this is like.
BUT
Due to my offences - however long ago and however mild - I HAVE to declare them on any application form for work with young or vulnerable people - and this will be so for the rest of my life!!

The one time I did not mention those offences that took place as a minor - under 16 - the police search found them out and I nearly, but not quite, lost my job!!!

Actually as long as I declare them when i apply for the job and explain my situation as a youth I have never found it has affected my career or getting employed too much.

Employers in the caring profession or social care are usually sensible enough to know that many people go into this kind of work because they have 'been there'

It is only when you try to hide your past that they get suspicious and also as it is an offence not to declare offences such as Arson for if you apply for this kind of work, they have to act if you do this.

When you apply - as long as you can demonstrate that this si part of the reason you do this sort of work and that your experience will bring something to your work
- on your application form do not gloss over it,
Explain the circumstances of your conviction/or convictions and that your offences were some years in the past - especially if 12 - that you are qualified for the job and indeed that having experienced this can help you do it well, then you can still get the job.

This is so for most fairly mild prosecution/offences but not probably for sex offences involving young people etc.

I have had the occasional problem i.e I had to get special dispensation 20 years ago form the head of social services to work with young people in Cornwall and another incident I will not go into.

Sorry for this long answer - but the answer is that no you can not 'down grade' offences and Arson is theses days considered to be a serious and not a mild offence.....

However if you have a good record at work and they have no other reason to dismiss you and are using this as an easy reason to dismiss a person..
Then I would think he can apologise for not declaring it when he got the job - say he did not think prosecutions at 12 counted - and appeal on the basis that while the conviction was for 'Arson' This was a childish or teenager prank

However I also believe that you can appeal to the Police Criminal Records Bureau (CRB) to omit such an offence from a search by an employer or prospect employer in Police checks if you can provide evidence that this was a 'one off' as a child and you have not had any convictions since. So it is worth contacting the criminal records department

But I recommended that until you have such and agreement - always tell any employer BEFORE they employ you, about any offences as a child or young person

After all many do
- that way they can not dismiss you for it.
The can give further info about wiping records, contact the NACRO Resettlement Helpline on 020 7840 6464.

Answer 2

I am rather surprised with two things:
One, that a guy of 41 should still suffer from a conviction of when he was 12 !! Also surprised that, two, a person of only 12 should have been convicted of anything. Too young. However, convictions are "SPENT" after a few years. Murder is the only conviction that is never spent.
It does seem terribly unfair. If I were you I would go see a solicitor (if you're in England) or an attorney if you are in the States. I am sure society can do something for your relative.

Answer 3

I'm a bit confused because normally juvenile offenses at the age of 12 don't normally go on a "criminal history."

I'd suggest consulting with an attorney familiar with the laws of your state. Records can be expunged but difficult at times. An attorney would be better able to advise you!

Best wishes.

Answer 4

Agree with KCV. Someone is snowing your relative. After 21 years in law enforcement, I know of nowhere (in the U.S.) that juvenile records are attainable. Juvie records remain sealed and cannot be used as a basis for employment refusal. Your relative should check into help from the ACLU or EEO officer.

Answer 5

Where is it that you live that something he did when 12 is on his permanent record?

That aside he can apply for a pardon which will remove the conviction from his record (provided he has been a contribituing member of society and kept out of trouble for the rest of the time.)

Answer 6

You can't write the court & get your record cleaned. Someone told you wrong. The only thing is, child care dept. Use the same check for criminal records as police & government. It will show up. Even after 10yrs, it will still show up in those searches, so it truly is never erased or wiped clean.

Answer 7

In the U.S. you can file a Motion to Expunge the record - maybe same where you are? Sounds like a good candidate for it.

Answer 8

It's called an "expungement".. google it . you will need a solicitor (attorney)

Answer 9

It might be possible I know someone who did it. He needs to get a good lawyer and he needs money.

Answer 10

Maybe you should ask him to see a solicitor.