Criminal records

[arbaxter]

Hello

In 1997 I was convicted of a public disorder offence, using threatening and abusive behaviour, I fell behind paying my fine and a warrant was issued for my arrest. I gave myself up and paid the remainder of the fine. In 1998 I was convicted for failing to give a breath specimen and banned from driving for 12 months, I am aware this will stay on my licence for 11 years. My questions are.
1) will my public disorder offence still appear on my criminal record?if so for how long?
2) is the driving offence a criminal record, if so, will it a still be on criminal record? if so for how long?

Cheers

[Buenchico]

(2-part post):

All motoring offences (except some minor parking matters) come under criminal law. While there is no statutory definition of a 'criminal record', it's generally regarded that offences which are dealt with by fixed penalties don't create (or add to) a criminal record. However, offences which lead to arrest and/or a court appearance do.

A criminal record is for life. The slate is never completely wiped clean. However, for most purposes, the majority of offences become 'spent' after a 'rehabilitation period'. The length of this period is determined by the sentence imposed by the court. For an offence dealt with solely by a fine (e.g. your public order offence), the rehabilitation period is 5 years. The rehabilitation period for a disqualification for driving ends at the end of the disqualification. (If, though, you were fined at the same time, the 5 year rehabilitation period applies).

So both your offences are now (for most purposes) regarded as 'spent'. You are no longer required to declare them when applying for such things as insurance or most types of employment. (Even if a question is worded as 'Have you ever been convicted of a criminal offence?', you can lawfully answer 'No' without fear of prosecution for deception).

[Buenchico]

However, some forms of employment are exempted from the legislation about rehabilitation periods. You will always have to declare your convictions if you apply for jobs working in, or alongside, the 'administration of justice' (e.g. a civilian worker in a police station). You'll also have to declare them if you're applying for jobs which might bring you into frequent or close contact with children or vulnerable adults (e.g. nurse, hospital porter, teacher, school caretaker).

If you apply for the types of employment referred to in the previous paragraph, the employer can carry out checks with the Criminal Records Bureau. Your offences will always show up, irrespective of whether they'd otherwise be regarded as spent..

You should also remember that the Rehabilitation of Offenders Act doesn't apply to other countries. The USA, for example requires that anyone with a criminal record must apply for a visa before attempting to enter their country. (The process takes 5 or 6 months). Your conviction will never be regarded as spent by the US embassy.

Chris

[NORMANTHEDOG]

you have a criminal record for life, you cant get rid of it,never.