Has anyone looked into removing a caution from a CRB?

[Rosie_12]

5 years a go I received a caution for theft from a shop. It was a low point in my life and I wanted to do something reckless. Being no theif, I simply walked out a shop with a pair of jeans knowing the owner had seen me. In the next blurry hour I was taken to the station, told that if I accept a caution, that nothing else need happen and it would disappear in five years time.

I've declared this caution to my medical school who understood the circumstances and have no worries. I also declared to my first employer. However, the five years are up and there has been a new ruling in the high court (19th Oct 2009) saying that it will remain on my record until im 100! This is going to affect my career in a huge way as I cannot explain the circumstances on any future applications as I have done as a junior doctor. I'm very worried as I want to embark on some competitive areas in medicine and think Im doomed with the selection process.

Has anyone had a caution removed since Oct 2009? Any ideas how i would do this?

Very worried.

Is there any way of getting this removed from an enhanced CRB check?

[bednobs]

i don't understand what is preventing you explaining on future applications as you have done before. As far as i know, as per buenchicos earlier post about crbs, everything stays on them forever anyway, so the 2009 thing wont have made any difference. Also, i'm sorry i don't know the answer to your q but if you have pled guilty to something, how can it be removed?

[ABerrant]

Since 2006 the ACPO guidelines on record retention for an adult caution such as yours for shoplifting is:
Step-down (non-police users) - 5 clear years
Deletion - Subject reaches 100 years of age

In 2007 five people who were convicted of minor crimes complained to the Information Commissioner that details of their crimes hindered their job prospects and an Information Tribunal deemed their records as "no longer relevant" and "excessive for policing purposes". If upheld, that decision would have led to the forced deletion of millions of similarly "minor" records,

The 2009 Court of Appeal ruling threw out that decision.
Net result - no change from 2006 guidelines.

[Rosie_12]

Thankyou. As a junior (foundation doctor) you still have a lot of support from your foundation medical school. Once the competition kicks in-applying for competitive specialities this will be more of a problem but more so, its embarrassing.

Accepting the caution means I accepted my guilt, yes i understand this but with the information that it would disappear from CRB checks and as my offence was not something the medical school deemed dangerous (as opposed to violence/drink driving/misconduct) I was hoping to find a way for it not to be appear on enhanced disclosure as its been 5years and was wondering if anyone had any ideas?

[ABerrant]

You do realise that had you not accepted the caution you would have been charged with the offence and if convicted likely to have received a non-custodial sentence. That is a criminal conviction which does not step down for 12 years.

A "5 year" caution is a better result than a "12 year" criminal conviction.

Stepped down records do not automatically appear on ECRBs. The police will only include stepped down information if it is relevant to the specific employment.

[jaydah]

Does this help

http://www.thesite.or...sqandas/cautioncrisis

[ojread22]

"when it well known that a lot of the police force in this country have criminal records." (sic)

proof?

[ojread22]

and google tells the truth, doesn't it?
You cant make sweeping generalistations with no back up

[ojread22]

wouldnt say that's a 'lot' though - 2 of them say a 1000, the other 500, so which is it?
Either way I agree. if they have a record then they should not be police officers

[Rosie_12]

Thanks again for all these links, I've looked at them and tried to gain what I can. I understand that by not accepting the caution it might have gone to court but if I had KNOWN that it wouldn't disappear I would be better prepared for my current situation and maybe open my mind to other areas of medicine or have taken other steps to show that I am trustworthy. Any future further input from anyone also welcome.

[pridja]

If any of you believe strongly that minor offences are ruining peoples lives, please sign the petition here http://epetitions.dir...ov.uk/petitions/19096

[PMPS]

Cautions can be removed, I know this because I have done it.

Everyone will tell you that it is not possible, but I assure you that it is. However, it is very difficult indeed.

To do it you need to show that you were innocent or that the police did something wrong themselves, such as ignore Home Office Guidelines or fail to investigate properly.

I found that solicitors are virtually useless, the best way to approach this is via a direct complaint against the police. However, you need to make the complaint within a year of the event, or they won't accept it.

[davidcool24]

PMPS: Very interesting point. I agree solicitors are useless. My question is what happens after the complain against the caution i.e. if they want, can they charge you instead as a revenge for your complaint? (charging risks conviction which, as you know, is a 100 times worse.

[davidcool24]

PMPS: Very interesting point. I agree solicitors are useless. My question is what happens after the complain against the caution i.e. if they want, can they charge you instead as a revenge for your complaint?
(charging risks conviction which, as you know, is a 100 times worse