I have just been convited for possesion of a class A drug (Only a small amount) and been given a criminal record, which i understand lasts for 4years? I was caught by a sniffer dog getting off a train in London. The thing is im in a band and were very close to getting a record deal, but now they know a member of the band has a criminal record they wont touch us. The reason is because if the band have to go on tour to america or something i wont be able to go. Im completely gutted, because now i have to step down from the band and my whole world has been turned inside out. I would just like to know on the likelyhood of an appeal being successful? I know as i pleaded guilty all i can do is appeal for a reduced sentance, so was wondering if i could get the 4years that this offence stays on record reduced in someway? Or any advice on what could be done. Any help would be really appreciated. Thankyou.
bobby3 Sat 07/06/08 22:22
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it will be a complete waste of time, even if you can. Any criminal record is never "spent" if subject to, for example, an enhanced crb check
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I think the fact you pleaded guilty originally would quash any chance of appeal you have. Sorry
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No chance. Sorry.
Are you under 18?
Otherwise this will be with for much longer than 4 years.
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A criminal record is for life. If any potential employer (for example) gets a CRB check on you, your conviction will always show up.
Criminal convictions do become 'spent' for most purposes after a certain period of time. For non-custodial sentences this is 5 years, not 4:
http://www.lawontheweb.co.uk/rehabact.htm
That means that, after 5 years, you can lawfully answer 'No' to questions on insurance applications (etc) which ask 'Have you ever been convicted of a criminal offence'. You'll also lawfully be able to answer 'No' to that question on most employment applications but not where that employment is exempted from the provisions of the Rehabilitation of Offenders Act (e.g. working with, or alongside, children or vulnerable adults). Also, as stated, some employers carry out CRB checks and your conviction would still show up, even if it was spent.
The Rehabilitation of Offenders Act doesn't apply to the requirements of overseas governments. The US authorities require visa applicants with criminal records to provide them with a copy of their police record. Convictions are never regarded as spent. With a recent conviction for a drugs-related offence, it's almost certain that you'd be denied a visa. In practice, tourists with criminal convictions can enter the USA, under the 'Visa Waiver Program', by simply keeping quiet about those convictions. (The US authorities have no direct access to UK criminal records). However, touring with a band requires a work visa, which you won't be able to get.
There's no form of appeal that will help you. Your criminal record is for life and it's extremely unlikely that the US authorities would consider granting you a work visa for far longer than the 5 year 'rehabilitation period' that applies, for most purposes, in this country. (It might be 10 or more years before the USA would
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Question Author
Im over 18. Ok so just going to have to take it on the chin, thanks for your advice guys.
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perhaps you could do a remake of the old grange hill song with the band!
as youve learnt, even the smallest amount of drugs can mess with your life.
Still, if amy winehouse can make the big time then theres hope for you yet.
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