Checking for Unspent Convictions yourself....

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Checking for Unspent Convictions yourself....

Postby kenfrapin » Tue Mar 22, 2011 3:32 pm

Hi,

I believe it is possible for a person to request and check if they have any unspent convictions. This is similar to the case where jobs mandate a person to be Security Cleared. The options are

1. Basic security certificate (thats shows unspent convictions) which a person can apply to check their own details provided they have lived in the UK for the last 12months.
2. Enhanced certificate showing spent and unspent convictions but only possible if a company/organization requests it. You cannot request this
3. The top most level for which I forgot the name but its not relevant.

For all those who are not sure if they have an unspent conviction, just like in my case (got Speeding Fine from Court as was on International DL hence no fixed penality but direct court letter), its best to check in this manner so you know where you stand. Those who also got points on their license but not sure if its a conviction can check this

Hope this helps
KP
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Postby sushdmehta » Tue Mar 22, 2011 4:49 pm

Criminal Records Bureau
Disclosure Scotland
Access Northern Ireland[quote]Standard Disclosure
Also referred to as a Standard check. The Standard check contains details of all convictions held on the PNC including current and unspent convictions as well as details of any cautions, reprimands or fi
Last edited by sushdmehta on Fri Jul 06, 2012 2:59 am, edited 5 times in total.
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Postby kenfrapin » Tue Mar 22, 2011 4:56 pm

To make it simpler, on the Criminal Records Bureau site, click on Umbrella companies then find all approved umbrella companies who can request for a Basic check on your behalf.

KP
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Re: Checking for Unspent Convictions yourself....

Postby salmankh4n » Tue Mar 22, 2011 5:28 pm

kenfrapin wrote:Hi,

I believe it is possible for a person to request and check if they have any unspent convictions. This is similar to the case where jobs mandate a person to be Security Cleared. The options are

1. Basic security certificate (thats shows unspent convictions) which a person can apply to check their own details provided they have lived in the UK for the last 12months.
2. Enhanced certificate showing spent and unspent convictions but only possible if a company/organization requests it. You cannot request this
3. The top most level for which I forgot the name but its not relevant.

For all those who are not sure if they have an unspent conviction, just like in my case (got Speeding Fine from Court as was on International DL hence no fixed penality but direct court letter), its best to check in this manner so you know where you stand. Those who also got points on their license but not sure if its a conviction can check this

Hope this helps
KP


Hi KP,

Would you mind disclosing whether your CRB check revealed any unspent convictions for you?
I have a similar case where i was driving on an international license and got 3 points from the court.
I had to pay 200 pounds as fine as well, but they later returned that money in form of a cheque.

Thanks,

Salman
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Postby kenfrapin » Tue Mar 22, 2011 5:34 pm

I have just applied for it and it will take about 3 weeks in total to process this information. This is not an instantaneous process and there will be some background checks done.

BTW - If your fine was returned to you then this means the fine was revoked so I doubt you have anything to worry about. But in case you want to be sure, just go through the process and your mind will be at ease once you get the result.

All the best
KP
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Postby salmankh4n » Tue Mar 22, 2011 6:16 pm

kenfrapin wrote:I have just applied for it and it will take about 3 weeks in total to process this information. This is not an instantaneous process and there will be some background checks done.

BTW - If your fine was returned to you then this means the fine was revoked so I doubt you have anything to worry about. But in case you want to be sure, just go through the process and your mind will be at ease once you get the result.

All the best
KP


Thanks a lot Brother,

The problem is that i have to apply my tier 1 extension before 7th April 2011 as my Tier 1 expires then.
And if I go for CRB then the results might not arrive before 7th Apr. I am thinking of declaring the conviction in my extension application as I do not want to get caught under the "Undisclosure of Material Facts" which is also a General Ground for refusal.
And if I declare now and the CRB does not show any convictions then I will have to declare that in my ILR application in 2013.

When you said that the fine must have been revoked, how certain are you about that?
Can I get this confirmed?

Pardon my inquisitiveness, but I just want to make sure that I am doing the right thing.

Thanks in Advace

Best Regards,

Salman
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Postby l2mz » Wed Mar 23, 2011 3:54 pm

Even driving without license could be spent, do not worry about this.

unspent convictions normally lead the person in prison for 2.5 or more years, i do not believe anyone of us had done these 'big' things
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Postby kenfrapin » Wed Mar 23, 2011 4:02 pm

Salman,

If you paid the £200 and they later returned to you, do you know why they did this? The court will not return the fine unless
1. You were not found guilty of that fine
2. Initially found guilty but later ruling changed due to some reason.

Either ways, if they returned the amount to you that means the ruling did not stand and hence I said revoked.

My personal experience says not to worry - I applied for Tier 1 and said I have no Criminal Convictions - they would have definitely checked the database and if I was there that time, I would have been rejected but it did not happen. This is a basic check they will surely do and I was not flagged - so Im quite certain I dont have a conviction but this time I want to be sure :-)

BTW - you DO NOT have to declare any spent convictions....only declare if there are unspent ones....for naturalization, they will ignore a single fine if there are no other reasons not to naturalize you....so dont worry too much and first make sure you are clear of any conviction

KP
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Postby l2mz » Thu Mar 24, 2011 6:35 am

As KP's suggestion, I just applied the basic CRB check via Disclosure Scotland, which cost 25 pounds. My case is similar as you guys ( jumping red lights, no Uk driving license, 3 points, 100 fine, they put all this info on my UK driving license counterpart when I finally got it), I will let everyone know the result once I get it.

I used to apply the CRB check via police station which cost only 10 pounds and showed No records at all.(actually I had the motoring offense already at that moment).

Could anybody did the similar check and tell the difference?

many thanks
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Postby salmankh4n » Thu Mar 24, 2011 11:26 pm

Thanks Guys,

CRB check discloses any records on the PNC. Driving convictions will only be recorded on the PNC if it attracted a prison sentence or disqualification from driving. Hence the fines will not show up on the CRB check.
But saying that the point s are endorsed on the license and DVLA holds these details. The PNC has a link to the DVLA records, but the minor motoring convictions are not recorded on the PNC.

I do not know why they returned the fine to me. Should have inquired about it then, but then again I was not aware that little mistake would have proved so crucial that it would put my settlement in jeopardy.

I have applied for my Tier 1 extension and have declared the offence. The guidance for Tier 1 says if your conviction attarcts a prison sentence of 1 year or more then the TIer 1 will be refused. I am hopefully safe now, but would surely get my CRB done to make sure no records show up for me.

I have an account with Credit Expert website and no conviction records show up for me.

One question guys, were you asked to mention any convictions while applying for CRB check?
I don't want to end up with my record on CRB if they did not already had one. That would be well farcical.
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Postby kenfrapin » Fri Mar 25, 2011 6:50 am

Salman,

Note that the CRB check will show ANY unspent convictions on your record. UKBA have clearly stated you have declare any unpsent convictions. So whether its traffic violation or robbery, if the CRB check says you dont have unspent convictions, then you really dont have unspent convictions.

It cannot be a case where CRB says there are no unspent convictions but UKBA say there are - the source for this information for both parties is the same so the CRB check will suffice to confirm any conviction.

And no, you dont have to declare anything to CRB. They are the ones who will get that info from you :-)

KP
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Postby salmankh4n » Fri Mar 25, 2011 4:21 pm

kenfrapin wrote:Salman,

Note that the CRB check will show ANY unspent convictions on your record. UKBA have clearly stated you have declare any unpsent convictions. So whether its traffic violation or robbery, if the CRB check says you dont have unspent convictions, then you really dont have unspent convictions.

It cannot be a case where CRB says there are no unspent convictions but UKBA say there are - the source for this information for both parties is the same so the CRB check will suffice to confirm any conviction.

And no, you dont have to declare anything to CRB. They are the ones who will get that info from you :-)


Thanks KP,

Unfortunate my conviction was in August 2009 and so it is still unspent. GOvernment is considering to change the Rahabilitation of offenders act to bring down the time it takes for a Fine to be spent in 1 year. So hoping for the best

Best Regards,

Salman

KP
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Similar situation

Postby nahmed » Thu Mar 31, 2011 7:12 pm

Hello guys,

I am in a similar situation and need some advice.

I am on Tier 1 G requiring extension next month. I was on WP before Tier 1 and my ILR is due May 2012.

Basically, I had a SP30 speeding ticket in Aug 2010 in Scotland while driving to NI. Unfortunately on my retun to birmingham after 15-20 days I realised that I have misplaced my counterpart. I rang the court that I have ordered replacement and will forward it to you as soon as and should I send the payment and card license now. She advised that she will put a note on the system and that I should send it all together asap. Later on I sent it to them with payment. However, I ended up receiving court notice and then 3 points and £150 fine.

Now, with the new ILR rules coming soon, I am badly stuck.

1st things 1st, What should I do on my FLR application? Declare the conviction or not?

What do you guys suggest? With what I read, this will show up on CRB.

Never thought something this small could affect the long awaited ILR.
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Postby ssoct98@hotmail.com » Mon Apr 04, 2011 5:31 pm

As per my knowledge sometime CRB don't show small fines and HO check from some internal websites which keep records for court fines and sentences.But CRB check is not an authentic answer to spent or unspent convictions.I believe any fine through court spent after 5 years not before at all and CRB don't show it sometime.So if you have a fine via court than waiting time as per HO rule is 5 years.Moderators has clarified it before.
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Postby kenfrapin » Mon Apr 04, 2011 6:43 pm

Reading the language around what CRB checks are and having spoken to the person filing my application - a CRB check clearly shows any unspent conviction on your record. The definition of this unspent conviction is universal - so if the govt classifies fines, murders, abuse, robbery as convictions with certain time to have it spent, then they are all unspent convictions which a standard CRB check must show.

If not, then the govt will clearly state there are different meanings to CRB checks and the term unspent conviction is different for fines and other things.

Look at this way - if a person isnt sure of any unspent conviction then they can only go the qualified bodies to verify this. If this body says you have no unspent convictions then you dont, simple. The standard CRB check wont issue a certificate that is a legal document which states a person doesnt have unspent conviction if it wasnt true right? If the CRB check doesnt not throw up any unspent convictions, then there is no need to declare it in the application form.

I shall update the forum once I get results of my check

KP
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Postby ssoct98@hotmail.com » Mon Apr 04, 2011 6:59 pm

May be you are right as enhanced CRB can give you this details(Just an assumption) but generally speaking any court fines came under 5 years criteria.Anyhow your result will be important.
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Postby l2mz » Tue Apr 05, 2011 9:24 am

Agree with KP.

how long has it been since you sent your CRB check applicaiton out??
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Postby forwardever » Tue Apr 05, 2011 1:09 pm

hello guys i am applyin for ILR at PEO next week...last year november i borrowed a friend my car..2weeks later i got a NIP sayin my car was caught on speed camera doing 58mph on a 50mph zone i wasnt the one driving at the time i filled out the form with the details of the driver, after a month or so i was sent another form askin me to assist the police in identify and tracking the driver by completing a questionnaire and returning it to them within 7days,i filled the form and send it out immidaitely its been 2months now..i have never been to court in my life before, as far as i knw i have a clean record.my question is wuld this be a problem, what should i do,should i mention this on my application form or ignore it ???? any advice wuld be appriciated...

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end of disscuss

Postby l2mz » Wed Apr 06, 2011 6:00 pm

just got letter from Scotland disclosure.

nothing is displayed on it.

traffic offense such as speeding and jumping lights does not cout.

KP, have u got yours??

many thanks for everyone.
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Re: end of disscuss

Postby Palprithvi » Wed Apr 06, 2011 6:34 pm

l2mz wrote:just got letter from Scotland disclosure.

nothing is displayed on it.

traffic offense such as speeding and jumping lights does not cout.

KP, have u got yours??

many thanks for everyone.


Hi, I have similar thing happened with me. I got a traffic offence done by driving on to a restricted road which was caught on camera. I came to know about it when I recieved a letter of fixed penalty notice. The letter asked to identify driver, which I put my name as I was the driver. Two weeks letter I received another letter to pay 30 pound fine which I paid.

My question: I am going to apply for ILR in august, will this cause any trouble?
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