Bit of tough one!

[wuzzy]

Hi all in my recent dealings with the family court i found out i have a national police record which comes from an offence from when i was a teenager living in Germany, to cut a long story short i was riding round on a moped without insurance. the problem is the offence i was convicted of in Germany is a traffic offence but doesn't translate into English law and my record now states i have a conviction for fraud?? is this what has been stopping me getting a decent bank account,mortgage or even a mobile phone contract?? i cant see any other reason as my credit rating is average. More importantly how do i get this translated back to a minor traffic offence as its not fraud at its most its an IN 10 surely

[Kati]

Re: Bit of tough one!

If I was you, I'd be putting in a request to see what this offence is showing as on your UK record ... if a German driving offence (as a teenager) is showing up as a fraud conviction now, there has to be some translation issue :sad:

[wuzzy]

Re: Bit of tough one!

i had a quick glance at the record cafcass held as this issue was about access to my kids and it litteraally said fraud! but the details were in german so i could read it was to do with the moped incident question is what can i do about it?

[Kati]

Re: Bit of tough one!

You need to insist it's translated correctly ... is there any way you can get a copy?

[wuzzy]

Re: Bit of tough one!

not sure will have to contact the police and see what i can get hold of.

[stevemLS]

Re: Bit of tough one!

You should be able to get a Memorandum of Conviction from the convicting court, have a professional translation done and write to the Chief Constable for your area asking that the PNC be corrected. If he refuses, complain to the ICO.

[wuzzy]

Re: Bit of tough one!

Not sure if i could get anything out of the German court system from that long ago 1998 they have proven to be useless at record keeping in the past when i had to prove my licence entitlements they had no record of me ever having a hgv licence

[stevemLS]

Re: Bit of tough one!

Have never dealt with German courts - I have obtained memoranda going back 30 years when I had to show "bad character" evidence against a woman who was trying to defraud my employer.

[wuzzy]

Re: Bit of tough one!

Ok cheers suppose its worth a try as i have serious concerns this is what has impacted my financials since coming back to the country in 2005

[MissFM]

Re: Bit of tough one!

Hi Wuzzy

Shouldn't the conviction anyway be spent? Or did you receive a long custodial sentence?

https://www.gov.uk/government/upload...-offenders.pdf

I would write to the Chief Constable as suggested (or even your elected Commissioner), followed by the ICO if no joy. x

[wuzzy]

Re: Bit of tough one!

Hi Wuzzy

Shouldn't the conviction anyway be spent? Or did you receive a long custodial sentence?

https://www.gov.uk/government/upload...-offenders.pdf

I would write to the Chief Constable as suggested (or even your elected Commissioner), followed by the ICO if no joy. x

No nothing of the sought I had to go on an awareness course and had a fine to pay and that was it that's why I hadn't given it any further thought and was shocked as this is the only dealing I've had with the police and to be told I had a criminal record was a bit of a shock

[stevemLS]

Re: Bit of tough one!

The Children Act 1989 disapplies the Rehabilitation of Offenders Act 1989 to most proceedings concerning the welfare of children.

That said, I really can't see how a traffic offence committed umpteen years ago would affect access arrangements now.

Write to the convicting court giving them as much information as you can, name, address at the time, dob and as best as you can the date of conviction. Explain why you need the information and preferably write in German. Take it from there.

I used to work in the Magistrates Court in 1987/8 and requests similar to this, whilst not common, were equally not so rare as to cause eyebrows to be raised. We had a member of staff, the Archivist, who dealt with them and she would spend weeks sometimes looking for information - of course that was on the cusp of the widespread use of computers.

[MissFM]

Re: Bit of tough one!

The Children Act 1989 disapplies the Rehabilitation of Offenders Act 1989 to most proceedings concerning the welfare of children.

That said, I really can't see how a traffic offence committed umpteen years ago would affect access arrangements now.

Write to the convicting court giving them as much information as you can, name, address at the time, dob and as best as you can the date of conviction. Explain why you need the information and preferably write in German. Take it from there.

I used to work in the Magistrates Court in 1987/8 and requests similar to this, whilst not common, were equally not so rare as to cause eyebrows to be raised. We had a member of staff, the Archivist, who dealt with them and she would spend weeks sometimes looking for information - of course that was on the cusp of the widespread use of computers.

So the conviction would only show on an enhaced CRB check and shouldn't have affected Wuzzy's financial life or employment, as he fears?

[Kati]

Re: Bit of tough one!

According to my OH's relatives, a driving 'offense' in Germany should become spent in 5yrs (and come off your record anyway) as [MENTION=37303]MissFM[/MENTION] said, so unless you were convicted of something else then this should not be still on file :noidea:

[stevemLS]

Re: Bit of tough one!

So the conviction would only show on an enhaced CRB check and shouldn't have affected Wuzzy's financial life or employment, as he fears?

OP hasn't actually said when the conviction was but I am assuming <2000 so I can't imagine why it would.

CAFCASS have extraordinarily sophisticated vetting procedures as I understand it - no idea what over and above DBS but they seem to ferret out everything.