Question For Older Abers - Peanuts
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it will always be there. however, it may become "spent" (ie you need not declare it in most circumstances) after a "rehabilitation" period, the length of which is determined by the sentence handed down on conviction.
"spent" convictions must be declared on applications to work with children or the elderly, and should be declared when intending to travel to the US.
"spent" convictions must be declared on applications to work with children or the elderly, and should be declared when intending to travel to the US.
Indictments, per se, don't appear on a criminal record. It's convictions which appear. (i.e. someone could be indicted but acquitted, so no criminal record would be created).
The length of time that must pass, before a conviction becomes spent, is determined by the sentence which is imposed by the court. For a non-custodial sentence, the period is 5 years. For a custodial sentence not exceeding 6 months, it's 7 years. If a custodial sentence over 6 months, but not exceeding 2� years, is given, the 'rehabilitation period' is 10 years. (Those times are halved if the offender is under 17 years of age at the date of conviction). If the sentence exceeds 2� years, the conviction is never spent.
Even after a conviction is 'spent', it still appears on a criminal record. However, chief police officers can delete certain records from their files after either 10 or 20 years. (See the link below).
For certain types of employment (and for matters dealt with under foreign law, such as visa applications), convictions are never regarded as spent, and must always be declared.
When someone applies to work with children, or with vulnerable adults, a check can be carried out with the Criminal Records Bureau. If the level of contact is fairly limited, this will be at 'standard' level and will only show the person's actual criminal record. However, if there is close contact with vulnerable people, the check would be at 'enhanced' level. This would show the criminal record together with any information which the police (or other relevant agencies) deemed to be relevant. Such information could include an indictment for GBH, even though the charge was later dropped or the person acquitted.
http://www.lawontheweb.co.uk/rehabact.htm
Chris
The length of time that must pass, before a conviction becomes spent, is determined by the sentence which is imposed by the court. For a non-custodial sentence, the period is 5 years. For a custodial sentence not exceeding 6 months, it's 7 years. If a custodial sentence over 6 months, but not exceeding 2� years, is given, the 'rehabilitation period' is 10 years. (Those times are halved if the offender is under 17 years of age at the date of conviction). If the sentence exceeds 2� years, the conviction is never spent.
Even after a conviction is 'spent', it still appears on a criminal record. However, chief police officers can delete certain records from their files after either 10 or 20 years. (See the link below).
For certain types of employment (and for matters dealt with under foreign law, such as visa applications), convictions are never regarded as spent, and must always be declared.
When someone applies to work with children, or with vulnerable adults, a check can be carried out with the Criminal Records Bureau. If the level of contact is fairly limited, this will be at 'standard' level and will only show the person's actual criminal record. However, if there is close contact with vulnerable people, the check would be at 'enhanced' level. This would show the criminal record together with any information which the police (or other relevant agencies) deemed to be relevant. Such information could include an indictment for GBH, even though the charge was later dropped or the person acquitted.
http://www.lawontheweb.co.uk/rehabact.htm
Chris
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