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2 Traffic offences BUT not appeared on CRB - Confused Now

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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smkamran
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2 Traffic offences BUT not appeared on CRB - Confused Now

Post by smkamran » Tue Jul 12, 2011 9:10 pm

HI, I applied for Basic CRB (using Disclosure Scotland) based on Moderator's advise

The CRB certificate came today and it was clean with NO offences listed.

I have two motoring offences for sure LC20 and MS60 for which I attended court in 2008.

Advise PLEASE. Should I apply or not


Bye the way, the reason I went to court was driving on international license which was over 12 months for which I received both offences. I paid £50 fine and 3 points for LC20 and £50 fine and 0 points for MS60. Both were in the same court hearing

Many thanks in Adavnce

99minus8
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Re: 2 Traffic offences BUT not appeared on CRB - Confused No

Post by 99minus8 » Tue Jul 12, 2011 10:14 pm

smkamran wrote:HI, I applied for Basic CRB (using Disclosure Scotland) based on Moderator's advise

The CRB certificate came today and it was clean with NO offences listed.

I have two motoring offences for sure LC20 and MS60 for which I attended court in 2008.

Advise PLEASE. Should I apply or not


Bye the way, the reason I went to court was driving on international license which was over 12 months for which I received both offences. I paid £50 fine and 3 points for LC20 and £50 fine and 0 points for MS60. Both were in the same court hearing

Many thanks in Adavnce
Lets wait for more experts, but in my humble opinion it is better to disclose unspent offences. I have heard of a case where CRB check revealed nothing but HO still found out about an offence. The application was refused on a basis of non-disclosure.
Could it be that your offences are already spent that is why it is not on a register? if so, of course it is not necessary to mention it. Call the court's clerk and find out what is the "spent" period of both. Maybe it is not 5 years but less.

mrlookforward
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Post by mrlookforward » Wed Jul 13, 2011 1:28 pm

UKBA will still find out even if the conviction does not appear on CRB. The type of convictions you have mentioned do not get entered on PNC as they are not recordable offences. UKBA finds out about all the convctions from HMCS (court service) even when they do not appear on CRB check.

smkamran
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Posts: 25
Joined: Tue Jun 08, 2010 12:07 pm

Post by smkamran » Wed Jul 13, 2011 7:39 pm

I will mention the offences ... Do you think the application will be successful

koira
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Post by koira » Fri Jul 15, 2011 11:00 pm

How did you apply for the CRB check? I googled for it and found out that you can not apply for your own criminal record check. http://www.direct.gov.uk/en/Employment/ ... /DG_195809

Did you do a standard or enhanced CRB check? If it was standard it might not be showing information from all the sources. Anyway, the best thing as suggested in one of the posts above is to phone and confirm whether your conviction is already spent or not. If it turns out to be still unspent, I am afraid you better wait unless you can easily afford loosing the application fee.

chunkybeefsoup
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Post by chunkybeefsoup » Sat Jul 16, 2011 8:25 am

smkamran wrote:I will mention the offences ... Do you think the application will be successful
Check the guidance but I think 2 are fine anything over that figure and you could be declined.

gidoc
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Post by gidoc » Sat Jul 16, 2011 10:41 am

I have two motoring offences for sure LC20 and MS60 for which I attended court in 2008.

Should have no more than one unspent FP/offence in past 12 months, best to apply via NCS and they will confirm this with you before you apply

mrlookforward
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Post by mrlookforward » Wed Jul 20, 2011 1:07 pm

smkamran wrote:I will mention the offences ... Do you think the application will be successful
Your conviction will be spent 5 years from the date of conviction. No one can guess or guarantee the outcome of your application. Depends on the circumstances of your conviction. Generally speaking, if you have unspent convictions your application will be declined and this is very clearly mentioned in the guidance. LC20 conviction is most likely to be treated as a deliberate breaking of the law. Best course of action in my view would be to wait until your conviction gets spent. The fees of naturalisation would have gone up a bit by then, but you will not risk a refusal due to your conviction.

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