Criminal Convictions and Cautions (British Naturalisation)

Good afternoon All,
I have ordered a report from ACRO on what information is held under my name in PNC (Police National Computer). My question is would I need to state all the below and will anything of the stated affect my application?

16/06/08 - DRIVING A MOTOR VEHICLE WITH EXCESS ALCOHOL
• DRIVING LICENCE ENDORSED
• DISQUALIFIED FROM DRIVING - OBLIGATORY 20 MTHS (MONTHS) - TO BE REDUCED BY 5 MONTHS IF COURSE COMPLETED BY 26/7/09
• FINE £150.00
• COSTS £43.00
16/06/08 - DRIVING OTHERWISE THAN IN ACCORDANCE WITH A LICENCE
• DRIVING LICENCE ENDORSED
• FINE £50.00
16/06/08 - USING VEHICLE WHILE UNINSURED
• DRIVING LICENCE ENDORSED
• FINE £100.00
27/12/09 - ASSAULT OCCASIONING ACTUAL BODILY HARM
• CAUTION
27/12/09 - COMMON ASSAULT
• CAUTION
10/06/12 - DESTROY OR DAMAGE PROPERTY (VALUE OF DAMAGE £5000.00 OR LESS
• NFA (NO FURTHER ACTION)
30/09/12 – BATTERY
• CAUTION
30/06/13 - BEING DRUNK AND DISORDERLY
• PENALTY NOTICE ISSUED
03/07/16 - ASSAULT OCCASIONING ACTUAL BODILY HARM
• NFA (NO FURTHER ACTION)

Thank s in advance for advise

You will have to list all these convictions on your application form; as the case worker will find out as part of background checks. In my opinion, it is highly likely for your application for citizenship to be refused as the offences are quite extensive and therefore not able to meet the good character requirement.

Although your out of court disposals may have lapsed, it may be suggested that there is a pattern of offending. However, the last out of court disposal was 6 years ago.

See the FAQs (click).

To my opinion the below is not conviction/caution so may not be stated as no further actions were taken and I have not been charged
10/06/12 - DESTROY OR DAMAGE PROPERTY (VALUE OF DAMAGE £5000.00 OR LESS
• NFA (NO FURTHER ACTION)
03/07/16 - ASSAULT OCCASIONING ACTUAL BODILY HARM
• NFA (NO FURTHER ACTION)
As Amber said last out of court disposal was 6 years ago - 'The time that has lapsed since the applicant last received a non-custodial sentence/out-of-court disposal. The longer that has lapsed since the non-custodial sentence/out-of-court disposal was given, the less likely for refusal.'
Also caseworker should take to account 'the age of the applicant at the time he committed the offence(s). The younger the applicant at the time of the offence, the less likely this will lead to a refusal.
In 2008 I was 24 y.o., not married. In 2013 when was the last penalty notice issued I was at the age of 29, also not married
I am 35 now and married...
New/more comments welcome

Art84 wrote: ↑

Wed Jan 08, 2020 8:39 am

To my opinion the below is not conviction/caution so may not be stated as no further actions were taken and I have not been charged
10/06/12 - DESTROY OR DAMAGE PROPERTY (VALUE OF DAMAGE £5000.00 OR LESS
• NFA (NO FURTHER ACTION)
03/07/16 - ASSAULT OCCASIONING ACTUAL BODILY HARM
• NFA (NO FURTHER ACTION)
As Amber said last out of court disposal was 6 years ago - 'The time that has lapsed since the applicant last received a non-custodial sentence/out-of-court disposal. The longer that has lapsed since the non-custodial sentence/out-of-court disposal was given, the less likely for refusal.'
Also caseworker should take to account 'the age of the applicant at the time he committed the offence(s). The younger the applicant at the time of the offence, the less likely this will lead to a refusal.
In 2008 I was 24 y.o., not married. In 2013 when was the last penalty notice issued I was at the age of 29, also not married
I am 35 now and married...
New/more comments welcome

I think your main challenge is the pattern. You seem to have repeated offences which might impact on your good charater.

Hi Djsuccess,

Without taking NFA to account as there were no charge...

As per below from 'Good Character Guidance' it does not seem to me I am 'persistent offender'...
‘When considering whether the applicant falls to be refused because they are a persistent offender, caseworker must consider:
• the number of offences committed, the seriousness of those offences and the timescale over which they were committed
• the impact of the offences on the public
• whether the offences have escalated in seriousness
For example, a person who has committed 4 minor offences in 10 years in the UK might not be viewed as a persistent offender, whereas a person who commits 3 offences in just 6 months, might be.’

• 16/06/08

• 27/12/09

• 30/09/12

• 30/06/13

1-2: 18months (1yr 6mths)
2-3: 45months (3yrs 9mths)
3-4: 9months
4-to date: 79months (6yrs 6mths)

Does this really look persistent?

Art84 wrote: ↑

Thu Jan 09, 2020 7:36 am

Hi Djsuccess,

Without taking NFA to account as there were no charge...

As per below from 'Good Character Guidance' it does not seem to me I am 'persistent offender'...
‘When considering whether the applicant falls to be refused because they are a persistent offender, caseworker must consider:
• the number of offences committed, the seriousness of those offences and the timescale over which they were committed
• the impact of the offences on the public
• whether the offences have escalated in seriousness
For example, a person who has committed 4 minor offences in 10 years in the UK might not be viewed as a persistent offender, whereas a person who commits 3 offences in just 6 months, might be.’

• 16/06/08

• 27/12/09

• 30/09/12

• 30/06/13

1-2: 18months (1yr 6mths)
2-3: 45months (3yrs 9mths)
3-4: 9months
4-to date: 79months (6yrs 6mths)

Does this really look persistent?

The trouble is anyone working your case will have same access to the unfiltered version in your first post above. The NFA cases, if they were stand alone, they would be disregarded however they are in amongst a laundry list of other offences so I don't see how they can be disregarded. They could be NFA due to lack of evidence and not because the offence didn't occur.
I also think all the listed offences would fail on these 2 points:

• the number of offences committed, the seriousness of those offences and the timescale over which they were committed
• the impact of the offences on the public

Anyway, all of this is just conjecture, the only way you would know for sure is to go ahead and apply if you really want British Citizenship. I would say there is a more than 50% chance of refusal.

Anyone on this forum has (or has) similar situation?

I'm pretty sure someone from hundreds of users on this forum had similar experience. Please share.