Confusion on spent dr10

[44ruthie44]

My son has a dr10, his five years are up next month. (Feb 2010). Where does he stand on going abroad? His girlfriends family live in Saudi and would like them both to go over. We are confused as to when his conviction is spent. We know it stays on his driving licence for ten years but when applying for a visa, would he have to mention this even though the 5 years are up and the conviction is spent? He got a years ban and obviously his licence was taken away, I think he also got a fine. He also got a fine for being caught with canabis in his car, although on a separate occasion, not long after the drink driving incident. He is reformed and has not had any convictions since. Reading this, I don't think his chances are good! Thank you for your help.



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[SeanJoyceStephensons]

The Rehabilitation of Offenders Act says that a sentence of a fine becomes spent after 5 years. If you receive a community order then the rehabilition period is longer. There is no specific reference to drink driving offences in this legislation.

Two convictions within a ten year period for drink driving, driving whilst unfit through drink or drugs or failing to provide a specimen for analysis, attract a minimum 3 year ban (rather than 12 months). It is for this reason that endorsements for these types of offences remain on your driving licence for 11 years before you can apply to the DVLA to have them removed.

What information he is required to put on the form will depend on what question he is asked. However, his conviction is "spent", strictly speaking, after 5 years, according to the Rehabilition of Offenders ACt, rather than after 11 years. The 11 year period is not a "rehabilition period".

 

[44ruthie44]

Thank you very much for your prompt and helpful reply. I think the next step will be to send off for the visa forms and see what they say. Thank you again