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Is there any way in which I can get a Police Caution removed?

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bubbleicious77 | 14:54 Fri 19th Oct 2012 | Criminal
3 Answers
In september 2009 I was cautioned for Harrashment without violence, my crime was that in 4am I sent a message via a fake facebook profile to my ex's mother and also a friend request, this was all done within the space of 15 mins. Next morning I was woken up my the Police bashing the door in! The fake account was in her name but I did not say anything threatening, just how I felt at the time, that she had caused me a lot of problems and that her son was a mummy's boy anyway because he was in his 30's and couldn't even make himself a cup of tea which was true in fact.

Whilst it may seem bad to you, I was very scared at the time, my ex's brother wrote to some of my friends on FB asking them what I had been posting/saying and kind of asking if they would spy on me. My ex's mother wrote me a short but not very nice message beforehand saying that my behaviour was unforgivable because he picked me up from this place where I was training which was a 2 hour drive, I also had a few prank calls, where you answer and no one replies.

At the time I was suffering from depression and I was scared of the police. When I was aged 4 my dad left me and my mother, my mother in anger phoned the police and said that my dad had sexually abused me which was not true. The result was aged 4 I got taken to the police station alone in a car with 3 police officers and was put in a cell like room, had my clothing removed and was inspected down below. I can remember all this and remember wetting myself, as a result I had nightmares about the police and cells as a child.
This was the first time in my adult life I had been taken to a police station and put in a room with all white walls, a cell and as a result I just wanted to get the hell out of there and was scared stiff.

The police officer said I should accept a caution so I did, I wasn't given anytime to think about it, it was sorted in 5 mins, I asked him how long it stayed on my record for and he said he wasn't sure 1-2 years. I woud never have accepted it if I had of known it was on my record for life or if I was not so frightened. I asked will this affect me getting a job and he said 'No'.

Later they gave me a document and I discovered that it would affect me getting a job and later found out it's on my record for life.

Since then I met someone else who lives a mile down the road, it is a rural area so I have kept meeting her on the roads, she is very unkind to me. I was posting something in a buy and sell page and she wrote a comment about putting me in a cell and saying horrible things to me. Her son started shouting at me in the street, a chance encounter, also he makes gun hand signals at me when he meets me on the road even though it was that long ago.

After this happened in 2009 I did for a short time patch things up with the ex and his mother went to the police station asking them to remove my caution, my ex signed a document saying he wanted contact with me and had no issues with me. She even said as she didn't remember agreeing to me being prosecuted either but she seems to have changed her tune now simply because I am with someone else.

I have heard that if I write to the cheif constable then under exceptional circumstances they might remove the caution but what is deemed exceptional.

I have thought that I can address the issue that I was not in a fit state to accept guilt under the mental health act, plus they are supposed to have the victims consent to prosecute and plus there as to be a real prospect of conviction. I doubt whether it is harrashment at all seeing as I was in a way just trying to defend myself as I was scared.

Thanks for your help and advice.

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my word, that's a long an slightly confusing post. Anyway, as far as i know, when you accepted the caution (you don't say what for) you admitted you were guilty of the offence - just like if you pleaded guilty at court. You can't then reverse this decision. Even if you could reverse it, what then? you get charged with the original offence (which is probably whAT would have happened if you'd refused the caution) and go to court and get punished another way. Either way, the offence is on your record. What you are trying to do is to say "yes i did it but i shouldn't be punished because of what happened when i was 4" if you are mentally unstable and not fit to plead, what's the alternative? a mental hospital?
Yes as you have been told, you have admitted that you were guilty by accepting the caution. If you were not guilty you should have refused the caution and taken your chance in court.
but you did actually do the thing you were cautioned for.
bit sure what being afraid of the police has to do with that.

the caution record is your punishment for that

if you hadnt accepted it you would have been in court - an that would be on record too...

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