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crapmemory | 13:00 Mon 04th Apr 2011 | Law
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How long does a charge of ABH stay on your record? TIA
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A conviction dealt with by a Community Order becomes 'spent', for most purposes, after 5 years (or after 2½ years if the offender was under 18 when convicted). That assumes that no further conviction occurs during that period, as no conviction can become spent while the the offender still has other unspent convictions.

Once a conviction is spent it no...
18:30 Mon 04th Apr 2011
Forever i would hope.
A conviction for ABH will remain on your criminal record for ever. However, the Rehabilitation of Offenders Act allows you to declare yourself free of convictions depending on the type of punishment and the time since conviction, for certain purposes only.
so if you get a 2 year conditional discharge once the 2 years is up you can say your conviction free?
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The person concerned was given community service, so does this count as a spent conviction?
no it isn't spent until it is served.
A conviction dealt with by a Community Order becomes 'spent', for most purposes, after 5 years (or after 2½ years if the offender was under 18 when convicted). That assumes that no further conviction occurs during that period, as no conviction can become spent while the the offender still has other unspent convictions.

Once a conviction is spent it no longer needs to be declared when applying for things like insurance or for most types of employment applications. However certain occupations (and voluntary activities) are exempted from the provisions of the Rehabilitation of Offenders Act. They are principally those associated with working with, or alongside, children or vulnerable adults. When applying for such work convictions are never regarded as spent.

Irrespective of whether a conviction is (for most purposes) spent or not, it will always appear on any CRB check. Further, since foreign governments don't recognise the Rehabilitation of Offenders Act, convictions are never regarded as spent when applying for visas. (For example, anyone with a criminal conviction ceases to be eligible for visa-free travel to the USA).

For Danchip:
The 'rehabilitation period' for a conditional discharge is one year or the duration of the order, whichever is the greater. So a two year conditional discharge becomes 'spent' (other than as covered above) at the end of the two year period.

Chris
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Thank you Buen. Most clearly explained answer.

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