Quizzes & Puzzles25 mins ago
drink driving conviction
does it stay with a person forever as in a criminal record? thanks
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A criminal record is always for life. so a drink driving conviction will always show up on any CRB check. (It's worth noting though that most employers have no access to such checks. They're only available when the employment falls into certain categories, such as working with, or alongside, children or vulnerable adults).
However criminal convictions (except those resulting in a prison sentence of more than 2½ years) become 'spent' for most purposes after a certain period of time. That period is defined by the sentence which was imposed by the court. For most DD cases that's likely to be 5 years. See here:
http://www.lawontheweb.co.uk/rehabact.htm
Once a conviction is 'spent' there is no requirement to mention it when, for example, completing insurance application forms or when applying for most types of employment. (Work with, or alongside, children or vulnerable adults is exempted from the provisions of the Rehabilitation of Offenders Act, as are jobs in the administration of justice or related to national security). The actual wording of the Act permits you to "answer accordingly" in response to any questions related to criminal convictions or to matters related to them.
So, once a conviction is spent you can lawfully answer 'No' to a question asking if you have ever had any criminal convictions (except when applying for exempted employment, as above). Similarly if you were turned down for insurance solely because of a criminal conviction and you were later asked (after the conviction had become spent) "Have you ever been refused insurance cover", you can lawfully answer 'No'.
Chris
However criminal convictions (except those resulting in a prison sentence of more than 2½ years) become 'spent' for most purposes after a certain period of time. That period is defined by the sentence which was imposed by the court. For most DD cases that's likely to be 5 years. See here:
http://www.lawontheweb.co.uk/rehabact.htm
Once a conviction is 'spent' there is no requirement to mention it when, for example, completing insurance application forms or when applying for most types of employment. (Work with, or alongside, children or vulnerable adults is exempted from the provisions of the Rehabilitation of Offenders Act, as are jobs in the administration of justice or related to national security). The actual wording of the Act permits you to "answer accordingly" in response to any questions related to criminal convictions or to matters related to them.
So, once a conviction is spent you can lawfully answer 'No' to a question asking if you have ever had any criminal convictions (except when applying for exempted employment, as above). Similarly if you were turned down for insurance solely because of a criminal conviction and you were later asked (after the conviction had become spent) "Have you ever been refused insurance cover", you can lawfully answer 'No'.
Chris
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