Do I still have a conviction on my criminal record?

[gorgoberry]

I'm 29 now but when I was 19 I was given a conditional discharge for carrying an offensive weapon. Considering that ten years has gone by can I safely assume that this conviction has been removed from my criminal record? Do I still have to declare it? Is there any way to find out?

[JudgeJ]

It will not have been removed from your criminal record. It remains forever (or until the authorities change their system and lose all their data because of ineptitude).

However, offences for which a Conditional Discharge was awarded become "spent" when the period of the CD expires. This means it does not have have to be declared unless you are applying for any position where the Rehabilitation of Offenders Act does not apply. (In general, these are positions in the police force, the judiciary and so on).

[Law Man1856]

You can obtain a copy of your conviction by applying to the police force who dealt with your case.

Under the Freedom of Information Act 2000 your able to get a copy of your criminal convictions.

It usually costs �10.

The last response is correct your CD is spent after the specified period and you do not need to disclose it when applying for jobs outside the police, social care area.

BEST OF LUCK

[NORMANTHEDOG]

yes you two are right,but if a employer requests a crb check,it will show up.

[Buenchico]

As JudgeJ states, a criminal record is for life.

A conditional discharge becomes 'spent' after one year (or at the end of the period of the conditional discharge, if later). There is no need to declare it when applying for employment except for occupations which are exempt from the legislation.

JudgeJ correctly identifies jobs connected with 'the administration of justice' as among those where convictions don't become spent but probably the widest area of employment affected is working in, or alongside, the 'caring professions'. So, you will always have to declare the conviction if you apply for a job as a teacher, school caretaker, nurse, hospital porter, etc.
http://www.lawontheweb.co.uk/rehabact.htm

Chris

[gorgoberry]

Wow that was quick! Thanks folks. It's a real shame it's not going to be removed. I was kind of unlucky to get it in the first place. I used a penknife to open a beer, put it in my pocket, and went out on the town forgetting it was there. Got searched on the walk home (still completely ignorant of the knife) and the rest is almost ancient history. The magistrates sadly didn't accept "I forgot it was there" as a valid excuse.

So fulfilling my dream of becoming high profile murder detective or doing a decent job of jury duty is out the window eh? May as well sell those critical reasoning books then. Sigh.

Thanks again for the help.

Gorgoberry.

[Gmcd01]

A job the police is not barred now, although you shouldn't pretend it will be easier because of it. Apply, and declare the conviction...the age of the offence and your mit.circ are definitely in your favour. Applicants to the CPS are also not disqualified prima facie because of a conviction. Good luck.

[JudgeJ]

Your conviction most certainly does not bar you from undertaking jury service.

You are only disqualified from jury service (by virtue of offences committed) if you:

Have ever been sentenced to a term of imprisonment of 5 years or more

In the last ten years have been sentenced to any term of imprisonment (included a suspended sentence) or been sentenced to any Community Order.

You are also disqualified if you are currently on bail for any matter pending.

[rubberistone]

you should have no probs considering the time scale if this was your only conviction just be honest i know policemen with a worse past than that good luck

[durathror]

My Lawyer told me recently that I do not need to declare my Conditional Discharge - 6mths (even current), UNLESS asked if I have ever had a finding of guilt. The QC said it was dependent on how the question is phrased.

[gopher_that]

Durathor, you said your lawyer has said you don't need to declare unless you have been asked if there is a finding of guilt. Are you American as I think this is UK would love that to be the case in uk though Absolute Discharge for protest

[durathror]

Hi gopher_that:
No, I am British in London. I took a youth by his elbow to take to his parents, he was ring leader of a grp causing long term anti social probs on daily/monthly basis in street. He turned on to me and I put him in a brief arm lock - no marks on him at all. Locals supported me and it solved the anti social probs. I lost my career and was fined, given 6 mths cond. discharge. Judge said he had loads of sympathy blah blah..... Couple months later I nicked the street burglar who broke into my home and threatened to stab me with a 12 inch screw driver. I was refused compensation by CICA for injuries as I had a 'conviction' Police gave me pat on shoulder however!