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Approaching the Police to remove a criminal record

lumoruk Avatar
banned7y, 5m agoPosted 7 years, 5 months ago
So the crown prosecutor has advised me the crime I did when I was a youth 15yrs ago shouldn't be on my record but it is, I've been told to approach the Police to have it removed if I get no luck I'm to get back in touch with them.

Question: Anyone done this?
lumoruk Avatar
banned7y, 5m agoPosted 7 years, 5 months ago
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#1
No, but how did you know it was still there?
I have a friend who also got a record back in '91 for something. How would he find out if it's still there or not?
banned#2
what did u all do !!
banned#3
kyalion
No, but how did you know it was still there?
I have a friend who also got a record back in '91 for something. How would he find out if it's still there or not?


I applied to join the Police and checked my record so I could be as honest as possible.

Apply to your local Police HQ, I had to send a cheque for £10 and my passport

hncb0809
what did u all do !!


nosey aren't you?
#4
kyalion
No, but how did you know it was still there?
I have a friend who also got a record back in '91 for something. How would he find out if it's still there or not?


you can send off to your local force to see what information is held on local and the national police computer about you,it costs about £10

you can pick up a form from your local station

I have had to do it several times for overseas work permits
#5
i have one from 1988 (i was admonished) but it shows up on my disclosure scotland, i dont know if its still there or not but i have a mate i am going to ask now!
banned#6
I got the application form to check my criminal record from my local Police station by the way
#7
lumoruk
I got the application form to check my criminal record from my local Police station by the way


you normally get it back in 2 stages...1 from your local force and 1 from the national police computer place
banned#8
What did you do?
banned#9
PabloInTheSky
What did you do?


I'm not saying it's really upsetting when I read the charges though
#10
so u should have the charges left on there. if u were an idiot in your youth whilst others behaved, you should have to live with that for the rest of ur life.
#11
you can get put on the sex offenders list if you do the toilet in the street and get caught :|
banned#12
magicbeans
you should have to live with that for the rest of ur life.


er I do, but I don't need everyone else knowing about my shame she already said I don't need to disclose it to anybody but I have disclosed it to the Police. I was 10 ffs my Dad left the year before
banned#13
cribert;5931024
you can get put on the sex offenders list if you do the toilet in the street and get caught :|

nice urban myth :-D
#14
cribert
you can get put on the sex offenders list if you do the toilet in the street and get caught :|


if u do the toilet? ie go for a wee? guess this applies to blokes more?!
#15
magicbeans
if u do the toilet? ie go for a wee? guess this applies to blokes more?!


aye thts what a meant, and no its not an urban myth
#16
what about the rehabilitation of offenders act? I thought if it wasnt a serious crime and you stayed out of trouble for 5 years after it was removed? you certainly dont have to mention it to employers.
#17
lumoruk
er I do, but I don't need everyone else knowing about my shame she already said I don't need to disclose it to anybody but I have disclosed it to the Police.


well what would be the point of criminal records if a few years down the line we could say....o well.... u were young..all good...as long as u live with it urself we wont tell anyone u were naughty once.
not being funny but theres a reason u have a criminal record and i cant see why should have it scrubbed clean just becasue its been a few years. its there for others to know of ur previous activities. u messed up. live with it and u cant think that its something private!
banned#18
barky
what about the rehabilitation of offenders act? I thought if it wasnt a serious crime and you stayed out of trouble for 5 years after it was removed? you certainly dont have to mention it to employers.


no 2 yrs for me as I was a youth
#19
cribert
aye thts what a meant, and no its not an urban myth


no worries..... never have and hopefully never will!!!:p
banned#20
magicbeans
well what would be the point of criminal records if a few years down the line we could say....o well.... u were young..all good...as long as u live with it urself we wont tell anyone u were naughty once.
not being funny but theres a reason u have a criminal record and i cant see why should have it scrubbed clean just becasue its been a few years. its there for others to know of ur previous activities. u messed up. live with it and u cant think that its something private!


Read the edit, I was 10 I was messed up after my Dad left. How I was then has absolutely no reflection on how I am now seeing my Mum cry after the court case made me realise how much I had hurt her, and it really upset me. I wasn't the instigator but because I was there I got the same charges, in court they put all the blame on me because the other two were both dyslexic. I'm now a security guard and I want to a be Policeman they have even said it shouldn't affect my application, so why should it be on there if no one cares about it? well I do and that's what matters.
banned#21
barky
what about the rehabilitation of offenders act? I thought if it wasnt a serious crime and you stayed out of trouble for 5 years after it was removed? you certainly dont have to mention it to employers.


You do if its a higher level check, which to enter the police it will be. They never expire.

OP - 10 = above the age for criminal responsibility, therefore it stays on your record.

If its not important as it was 15 years ago and you were only 10, then the police will see it that way and it shouldn't stop you joining.
Just because you were 10 doesn't mean it should be removed.
banned#22
lumoruk
I'm not saying it's really upsetting when I read the charges though


we understand no how crap it feels having charges i have a assault charge that got me demoted a few months ago makes it worse wasnt me i just wouldnt grass up the person who done it
1 Like #23
lumoruk
Read the edit, I was 10 I was messed up after my Dad left. How I was then has absolutely no reflection on how I am now seeing my Mum cry after the court case made me realise how much I had hurt her, and it really upset me. I wasn't the instigator but because I was there I got the same charges, in court they put all the blame on me because the other two were both dyslexic. I'm now a security guard and I want to a be Policeman they have even said it shouldn't affect my application, so why should it be on there if no one cares about it? well I do and that's what matters.


shame u got it that way but fact is courts decided u were guilty. be glad police dont care about it....but im sorry i cant agree with u having it cleared.
#24
lumoruk
Read the edit, I was 10 I was messed up after my Dad left. How I was then has absolutely no reflection on how I am now seeing my Mum cry after the court case made me realise how much I had hurt her, and it really upset me. I wasn't the instigator but because I was there I got the same charges, in court they put all the blame on me because the other two were both dyslexic. I'm now a security guard and I want to a be Policeman they have even said it shouldn't affect my application, so why should it be on there if no one cares about it? well I do and that's what matters.


You should have thought about the consequences before stabbing that OAP.
1 Like #25
lumoruk
Read the edit, I was 10 I was messed up after my Dad left. How I was then has absolutely no reflection on how I am now seeing my Mum cry after the court case made me realise how much I had hurt her, and it really upset me. I wasn't the instigator but because I was there I got the same charges, in court they put all the blame on me because the other two were both dyslexic. I'm now a security guard and I want to a be Policeman they have even said it shouldn't affect my application, so why should it be on there if no one cares about it? well I do and that's what matters.


good on you, you shouldn't have to explain what you did on here or have it on your record anymore. You clearly know you did wrong, you were at an age when your not completely aware of the consequences of your actions and you were upset about your mum and dad.

You should be commended for learning right from wrong and taking positive steps to be a better person and going in the police shows just how far you've come. If all youngsters turned out like you I'm sure the world would be a better place.

I really don't think people should pry, the guy just wanted some advice, not a lecture on how he should be punished and be made to live with a mistake made a long time ago
banned#26
colinsunderland

Just because you were 10 doesn't mean it should be removed.


The CROWN PROSECUTION just said half hour ago (I went and spoke to them) it SHOULD never have been kept on file! :?

i.e. destroyed, shredded
banned#27
lumoruk
The CROWN PROSECUTION just said half hour ago (I went and spoke to them) it SHOULD never have been kept on file! :?

i.e. destroyed, shredded


they were wrong, it has always happened, and unless anything changed after the case last year still does.
Why did you speak to the CPS if it is the police who have the records?
I'll see if i can dig the link up regarding the case last year, it does mean you might be able to get it removed if I remember correctly
#28
lumoruk
The CROWN PROSECUTION just said half hour ago (I went and spoke to them) it SHOULD never have been kept on file! :?

i.e. destroyed, shredded


the crown prosecution service don't know their job as well as colinsunderland, internet poster extraordinaire
banned#29
dregan
the crown prosecution service don't know their job as well as colinsunderland, internet poster extraordinaire


feel free to post up something to back up what he was told was correct then, heres something to back up what i said to start you though

http://www.timesonline.co.uk/tol/news/uk/crime/article4375311.ece

Under present police policy, an individual’s criminal record remains on the computer for 100 years.


lumoruk the police are appealing against the decision, but in the meantime you can write to them requesting they destroy the records as they aren't relevant anymore. If they fail to then you can make a complaint to the information commissionaire.
Hope that helps

EDIT:

Heres another

The PNC is managed in accordance with the principles set out by the Association of Chief Police Officers (ACPO) in its Retention Guidelines of Nominal Records on the Police National Computer (March 2006). These Guidelines indicate that information about your convictions, whether spent or unspent, as well as information about any cautions, warnings and reprimands you may have been given, as well as other non-conviction information about your involvement with the police, such as an acquittal at trial or even an arrest that does not result in any charges being brought, will be kept on the PNC until you are deemed to be 100 years old. Although the Guidance suggests that it should be stepped down, the information will still be available and disclosable, and will in effect never be deleted. There is provision for the Chief Officer of the police force to authorise the deletion of information, but only in exceptional circumstances.


lumoruk this is what I was thinking about when I said write to them, hope this helps too.

This type of information about you is considered to be your personal data, so anyone who wants to retain or otherwise process this information has to comply with the Data Protection Act 1998. There is concern that the way in which the police process this information does not comply with the DPA, and in a recent case the Information Tribunal found that the police had breached the DPA by retaining the records of a number of individuals who had committed quite minor offences, many years ago, when the individuals were very young, and where the individuals had not reoffended or being in any further trouble with the police. The police are appealing this decision to the Court of Appeal (at the time of writing) but if the decision is upheld, it is likely that the Guidelines will need to be revised. If you are concerned that the police are retaining very old conviction information, or other information that is no longer relevant, you may want to ask for the information to be destroyed. If the police refuse, you may want to contact the Information Commissioner for advice on whether your DPA rights are being breached ([url]www.ico.gov.uk[/url]).

The retention of this type of information is also likely to engage your right to privacy, which is protected by Article 8 of the European Convention on Human Rights, so the police should only retain it if they can justify this as necessary and proportionate to achieve one of the legitimate aims set out in Article 8(2), such as the prevention of crime or the protection of the rights of others (see article 8 – the right to respect for private and family life, home and correspondence). There is particular concern that non conviction information is being stored indefinitely and being made available for disclosure, in the same way as information about convictions.


Only other thing to think about is, if you are wanting to get into the police, and they have said this conviction won't stop you, then is it really worth kicking up **** about it, when the people who you are likely to be arguing with are the ones you are wanting to give you a job?
#30
colinsunderland
feel free to post up something to back up what he was told was correct then, heres something to back up what i said to start you though

http://www.timesonline.co.uk/tol/news/uk/crime/article4375311.ece



lumoruk the police are appealing against the decision, but in the meantime you can write to them requesting they destroy the records as they aren't relevant anymore. If they fail to then you can make a complaint to the information commissionaire.
Hope that helps

EDIT:

Heres another



lumoruk this is what I was thinking about when I said write to them, hope this helps too.



Only other thing to think about is, if you are wanting to get into the police, and they have said this conviction won't stop you, then is it really worth kicking up **** about it, when the people who you are likely to be arguing with are the ones you are wanting to give you a job?


tl;dr
banned#31
dregan
tl;dr


what does that mean?
#32
dave_lunt2;5931254
good on you, you shouldn't have to explain what you did on here or have it on your record anymore. You clearly know you did wrong, you were at an age when your not completely aware of the consequences of your actions and you were upset about your mum and dad.

You should be commended for learning right from wrong and taking positive steps to be a better person and going in the police shows just how far you've come. If all youngsters turned out like you I'm sure the world would be a better place.

I really don't think people should pry, the guy just wanted some advice, not a lecture on how he should be punished and be made to live with a mistake made a long time ago

+1:thumbsup:
banned#33
colinsunderland
what does that mean?


my thoughts exactly....colin.

I've already contacted the information commissioner regarding this and they stated I would have to wait 25yrs I believe. But I'm talking about the agreement with the crown prosecution at the time and what the crown prosecution says goes, Police aren't the law they are just the enforcers and do what they are told. In this case the Crown prosecution have told them to delete the record, my original question though was how I should ask them and if anyone had done it.

I sent an email to the Police HQ (Kidlington) and they spouted the same stuff as the ICO.
#34
When you apply for the police you will have to disclose any criminal convictions for yourself and your family. Disclose what the convictions are and then i'ts up to them. Once someone is on the Police National Computer they are there to stay.
banned#35
nadss
When you apply for the police you will have to disclose any criminal convictions for yourself and your family. Disclose what the convictions are and then i'ts up to them. Once someone is on the Police National Computer they are there to stay.


wrong but thanks for trying
banned 1 Like #36
lumoruk
my thoughts exactly....colin.

I've already contacted the information commissioner regarding this and they stated I would have to wait 25yrs I believe. But I'm talking about the agreement with the crown prosecution at the time and what the crown prosecution says goes, Police aren't the law they are just the enforcers and do what they are told. In this case the Crown prosecution have told them to delete the record, my original question though was how I should ask them and if anyone had done it.

I sent an email to the Police HQ (Kidlington) and they spouted the same stuff as the ICO.


ok well as the troll seems to have disappeared back to trying to help :)

You didn't say at the start about it being part of a deal with the CPS, that obviously changes things. Police policy is to keep records for life (well until someone is 100) as has been shown earlier in the thread.

However if it was part of a deal with the CPS that you plead guilty and in return they would wipe the record after a certain length of time then that should be done. I must say it's very unusual in this country that you could deal with the CPS for something like that but maybe it had something to do with your age, whatever it was well done!

If you are not sure if it has been done, the easiest way is to do another CRB check on yourself. If its gone they have, if it hasn't they haven't. Sounds obvious I know, but its probably the quickest and easiest way of doing it.

If it hasn't personally i would get details of the deal from the CPS in writing, and write to the chief constable of the force the offence was committed in, enclosing a copy of the letter from the CPS stating that they have 21 days to remove details of the conviction from the PNC or you will take further action.

If that doesn't work you will most likely have to take action to get it removed.

As I said though, be careful of biting the hand that feeds you.
banned#37
colinsunderland;5931565
what does that mean?

it means Too long; didn't read

AKA

I have the attention span of a goldfish and the educational standard of a monkey
#38
Which force are you applying to?
#39
csiman
it means Too long; didn't read

AKA

I have the attention span of a goldfish and the educational standard of a monkey


:giggle:
1 Like #40
lumoruk - good luck from me, hope you get in. Which force?
I train a lot of the new recruits in north wales, so I have got a bit of an inside line on what they will be looking for during the selection process. If you need any help, let me know!

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