Driving Offence

what you guys think if someone got the visa but did not mention the driving offence at the time of application(convicted through court) CD10 with 5 points and £100 fine. he did not know if he was to mention that offence, to him it was not a criminal offence but after 6 months once he got the visa he came to know that he should have declared as he had something to declare.

date of offence July 20112
conviction date Jan 2013

should he inform UKVI now or should he wait until next application which is ILR due in next 12 months time?
if he decides to inform now what should he expect from UKVI?

I should not be giving this advice but HE should lie low and breathe stealthily.

Deception is a very serious offence, particularly in I migration applications.

Dear Amber and Nasir thanks for your words

careful consideration after taking everything in account confers a satisfaction that the question on application is relevant to criminal conviction and question if one did have it, should been recorded for themselves who committed for their records and other organisations like UKVI or any employers who would like to know about such things.

a conviction is a criminal conviction when its recorded as a criminal conviction on one's record I have seen said person's SAR from ACRO that it says ''no trace'' and guidance to it that explains it in plain language says this person does not have a criminal conviction(spent or unspent).
conviction box in disclosure(Scotland) came empty that means its not recorded on there either.


If I re-read the words on visa application form it talked about driving offence as

We will carry out criminal record checks on all applicants and dependants. You must give details of all unspent and spent criminal convictions. This includes road traffic offences but not fixed penalty notices (such as speeding or parking tickets) unless they were part of a sentence of the court. This includes all drink-driving offences.

few things that I have noted so can say
UKVI would have looked through his records where they did not find anything recorded as criminal conviction. if his records had such information it did have brought it up when requested. (UKVI is precise in their words that they surely would, that they will (they did not use a word MAY or similar where one can say that they might check))
there are Road Traffic offences when offenders are convicted for, called criminal convictions and subsequently go onto records and recorded as criminal convictions. that does not mean anyone who get points and fine through the court is classed criminal and bears criminal conviction when records do not show or verify him a person with criminal conviction.

one might think its good to tick the box to avoid any unpleasant situation as his but again ticking the box will be an acceptance as a person with criminal conviction when he does not have one!!

anyone with more information?