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Spent conviction - restraining order question

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  • Spent conviction - restraining order question

    Hi all,

    Wondering if someone please has the knowledge & a moment to shed some light on a situation I have (currently unemployed hence why this has come to light).

    Essentially I have recently applied for a Basic DBS check which shows the conviction for Harassment from 2014. I had thought/hoped this would be spent by now.

    The result at the time was a fine (£400) and a restraining order 'until further order' ie no expiry date.

    So will this conviction remain on record indefinitely? I've got so much conflicting information from the net, some say 10 years, others such as Unlock say indefinitely. Then friends of friends in CID have said it should've been spent long ago.

    Many thanks

    Tags: None

  • #2
    According to gov.uk - which I take to be both authoritative and up to date - it is never spent unless and until a new order rescinding it is made.

    https://www.gov.uk/guidance/rehabilitation-periods

    Scroll down to 'Relevant orders'. It says that if the order includes the words "until further order" it is never spent unless there is a new order made.

    Consult a solicitor to see if it would be possible to have it rescinded as it is 10 years old and hindering you from getting employment. I am assuming no breach of the order since it was issued and no other convictions.
    ​​​​​
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      Thanks PallasAthena appreciate it.

      If then the restraining order was now revoked (lets say the subject wants to do that), would that clear from the DBS basic check (after some period of time, months)?

      it is a shame the solicitor at the time didn't purvey the impact of the 'until further order' element compared to say a 2 or 5 year order. And his advice cost many times what the fine was.

      Comment

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