CRB - Can I remove a caution?

[yelenots]

My 15yr son was very stupid 5 years ago while out with a group of friends - he threw a stone and it hit and broke a porch window. He got caught and taken to the police station where he was cautioned. I was told that this would be removed from his records when he was 18yrs old if he didnt get into any more trouble. He got a job in a solicitors and had a standard CRB check and nothing showed up. However he has changed jobs and had to apply for an enhanced CRB. It has come back and this caution is on it. Was I misinformed by the police to believe that this would come off when he was 18? Is there anything we can do? Can anyone help - please????

[dizmouk2009]

The enhanced CRB will show everything as long as it is still recorded. The police were sort of right, I did something silly when I was 14 and my offence doesn't show on an enhanced CRB check. I'm not amazing with the law so I think you should wait for someone like *-judge to help you (or someone who knows the definitive answer). I'm just talking from experience though. Sorry I couldn't help you yelenots.

[dizmouk2009]

To add to that:

The police told me the same thing but I think they were saying it as a 'warning' or a 'second chance'. It worked for me, I have never done anything as stupid as that since.... When a person turns 18 he/she is classed as an adult and therefore is punnishable as one. If he was arrested after the age of 18 then the courts wouldn't take his previous caution into consideration.

[yelenots]

Thanks for that! It worked for him too! But its just so annoying when we thought it had been removed especially now he has managed to get a good job. Do you think its worth a visit to my local police station?

[dizmouk2009]

I wouldn't bother, there isn't anything they can do either. Has he tried to explain the situation to his 'soon to be' employer?
I know what I would do, I'd write a statement of the events, explaining what happened and how it wasn't his fault (even if you have to lie a little) and take it with him to the interview. I did that when I went to an interview, it's always good being prepared to explain what happened - it always looks better on that person.

[dizmouk2009]

I should really rephrase the "not his fault" it was his fault but he could explain that he was a young and reckless kid who was influenced by his friends and that he is paying for his mistakes and will do till the day he dies etc.

[Teleph0ne]

With an enhanced CRB it brings up things that you have been arrested for or suspected of regardless of charges or convictions, Its basically so alarm bells start to ring if someone is suspected of a crime such as Ian Huntly who was suspected of crimes prior to commiting murder but as he wasn't convicted it didn't come to light on his CRB, employers etc take this into account when they are presentd with this info and I wouldn't think it will affect his chances of employment. Unfortunately he is stuck with it though but it would be classed minor

[oldmaggie]

Caution stays on your criminal record for ever. Remember a 60 something man appearing in court for a minor offence, his record was handed up and showed a caution when he was 17 for underage drinking

[yelenots]

Why were we told at the time,it would only stay on the records until he was 18years old?

[pauln90]

The police were referring to the Rehabilitation of Offenders Act 1974 which allows for certain convictions to be "spent" or ignored after a set time.

See this article for more info.

http://www.lawontheweb.co.uk/rehabact.htm

[yelenots]

Thanks for your help! My son wasnt actually convicted or charged with anything, he was 15 and was given a warning that we were told would be removed from records once he turned 18yrs!

[fivelittleducks]

In 2005, I was attacked and injured by a family member. I retaliated, striking back once with a slap to the side of the head. I didn't press charges, but 2 weeks later was arrested. After an investigation I was "let off" with a caution for Assault occasioning in Actual bodily harm, which the police told me "would only remain on my record for the next five years, but will count strongly against me if I'm involved in anything like this again in the mean time".
Earlier this year I applied for a job requiring an advanced CRB and it was still on there, so I phoned the offices that deal with them and they told me that in 2009 the law was changed so that people can no longer appeal to have the caution removed. That any offence, reprimand, caution or conviction must remain on file untill the person's 100th Birthday.

[pridja]

If any of you believe strongly that minor offences are ruining peoples lives, please sign the petition here http://epetitions.dir...ov.uk/petitions/19096

[dido1234]

would suggest that anyone with a caution that should disappear (over time) contact Liberty (Human rights) and explain the situation. If you did the same thing in any other country your record is wiped. In this country we discriminate against our own people. So someone from France, Poland, Germany with the same issues would not have a criminal record, but someone form UK will, no wonder UK people are finding it impossible to find jobs.

The Labour government has excluded (on purposes) its own citizerns from pursuing wortwhile careers in any profession or vocation which is highly paid. This was to ensure UK citizerns are kept as lowly paid employees compared to any other European national that comes to this country.

[PMPS]

The police do this all the time, it's the only way to get you to accept one! If they tell the truth about the ramifications about accepting a caution you won't accept it!

A caution can be removed, I know because I have done it, but it is very difficult.

Unlike every other area of justice there is no system of appeal with cautions. However, the usual rules apply. If you are innocent it cannot stand.

To get one removed is very difficult, in order to do so you need to prove you are innocent, or show the police did something wrong like not investigate correctly or fail to follow Home Office guidelines.

Solicitors are useless, the best route is via a complaint against the police. You need to do that within a year though, or they won't accept it.

[emilylyon]

cautions are a joke when you get into trouble that one time and you are stigmatized for the rest of your life. i got told the same that it would be wiped and it hasn't been. please folow the link and sign the petition to have cautions wiped after two years.
http://www.change.org...hecks-after-two-years