Spent convictions

[davey_gravy]

I hear that cautions, warning and even some spent convictions are removed from the police computer at the discretion of the force concerned. I have a 20 year old conviction which I feel should be removed.

When I was 19 (now 41) I was accused of swallowing drugs whilst being searched hence 'obstructing the police using their powers under the drugs act'. I was advised to plead guilty and received a conditional discharge but I am agrieved that I was never convicted of possessing or even having drugs yet I have a 'drugs offence' which is a problem as I am training to be a teacher. Can I request that it is removed given it was 22 yearsa go and who do I ask?

[auzzie]

The 1998 act states that any personal information held by the police should be "adequate, relevant and not excessive" and "not kept for longer than is necessary". According to the Office of the Information Commissioner (OIC), which monitors compliance with the act, it is up to individual police forces to decide what information should be retained. It states that a balance must be struck between the need to catch offenders and protect the public from crime, and the need to ensure that those who are innocent or only guilty of minor misdemeanours are treated fairly. The previous act (1984) made broadly similar requirements.

Neither act set time limits for the destruction of particular types of information. Although guidance from the information commissioner states that police forces should regularly review the personal data they hold and delete any "which is no longer required for their purposes".

This was reported in a national newspaper.

[Law Man1856]

Davey,

After such a long period the information regarding the case will be held on microfile only at Scotland Yard

The force will have no access to it and removal will be a matter for the CRB.

Discharges are a subject of great debate in that :

Are they a conviction? You were discharged from the court, therefore you were not punished and did not receive a conviction as you pled guilty?? You have a criminal record but it can be argued that you have a spent discharge not a conviction.

Al forces have different policies with regard to destruction of records - check with the force who dealt with you to thier policy.

You do not need to disclose spent offences unless applying for jobs ie: police, courts, social care, teacher etc.

I would apply for your own CRB check �10 and see what comes back - You may have a clear file anyway.

Otherwise include in your application a copy of your CRB and explain the situation.

BEST OF LUCK

[davey_gravy]

I have had a CRB check and it shows. It even says something like 'Summary of Offence' - 'Drugs'!

[mrhelpfull]

can you not pay a solicitor to have it taken off, I heard you have to go back trough the courts to do this.