Naturalisation and non-custodial offense

cabexas · Post by **cabexas** » Tue Nov 12, 2019 10:24 am

Hello all,

I am an EU citizen and I am eligible to apply for naturalisation.

I have some doubts about a conviction I got.
In December 2016, I was stopped by the police while riding my motorbike. The motorbike was still registered in Portugal and didn't had a UK registration.

In January 2017, I received a Fixed Penalty Notice from MET police because I didn't have a valid MOT on the motorbike. I paid the £100 immediately.

A couple of months later, in June 2017 I received a Single Justice Procedure Note from Magistraters Court on behalf of DVLA because the motorbike was being kept by a UK resident without a license.
I plead guilt by post and in July 2017 I received a court collection order to pay a fine and back duty on the value of £735. I have paid immediately.

From my understanding this is a non-custodial offense. My doubt is if it's on my criminal record or not.

Before applying form my PR card, in July 2017, I requested a Subject Access Request and a Basic DBS check and both of them are clear.
When I applied for my PR card, I disclosed the offense and I got my card without any issue in September 2018.

If it doesn't show on a SAR or Basic DBS check, does it mean it's not in my criminal record?
And if it's not in my criminal record then this should not apply?

If you have been convicted for a non-custodial offence then your application will be refused for 3 years since the conviction was given

Thank you in advance

Djsuccess · Post by **Djsuccess** » Tue Nov 12, 2019 1:05 pm

cabexas wrote: ↑
Tue Nov 12, 2019 10:24 am
Hello all,

I am an EU citizen and I am eligible to apply for naturalisation.

I have some doubts about a conviction I got.
In December 2016, I was stopped by the police while riding my motorbike. The motorbike was still registered in Portugal and didn't had a UK registration.

In January 2017, I received a Fixed Penalty Notice from MET police because I didn't have a valid MOT on the motorbike. I paid the £100 immediately.

A couple of months later, in June 2017 I received a Single Justice Procedure Note from Magistraters Court on behalf of DVLA because the motorbike was being kept by a UK resident without a license.
I plead guilt by post and in July 2017 I received a court collection order to pay a fine and back duty on the value of £735. I have paid immediately.

From my understanding this is a non-custodial offense. My doubt is if it's on my criminal record or not.

Before applying form my PR card, in July 2017, I requested a Subject Access Request and a Basic DBS check and both of them are clear.
When I applied for my PR card, I disclosed the offense and I got my card without any issue in September 2018.

If it doesn't show on a SAR or Basic DBS check, does it mean it's not in my criminal record?
And if it's not in my criminal record then this should not apply?
If you have been convicted for a non-custodial offence then your application will be refused for 3 years since the conviction was given
Thank you in advance

I think you already have the answer in that you have to wait for 3 years before applying. So I think you should apply after July 2020. And don't forget that you have to declare the FPN as well whenever you are making your citizenship application. You can also make SAR to DVLA to see if DVLA have the SJPN on your record.

cabexas · Post by **cabexas** » Wed Nov 13, 2019 9:23 am

I understand that to be on the safe side, I should wait until July 2020 before applying, but...

Actually the quote is incomplete.
In the guidance for case-workers it is mentioned the following:

An applicant will normally be refused if they have received:
a non-custodial sentence or other out-of-court disposal that is recorded on their criminal record which occurred in the 3 years prior to the date of application

From what I understand, there is a big difference if it's recorded on the criminal records or not.

If it's recorded, then the guidance mentions it will normally be refused.
If it's not recorded, then it has to be taken into account with all the factors.

I am trying to understand what my criminal record is and I don't know where to start.
Basic DBS check is clear.
MET SAR is clear.
My drivers license is clear. I never lost any points or have anything recorded on it.
I was trying to find out who to make a SAR to DVLA and didn't find a way.

Not sure what else I can do to determine what is recorded on my criminal record.

Thank you

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Naturalisation and non-custodial offense

Naturalisation and non-custodial offense

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