Milton
Member
In a recent legal advice post from SeanjoyceStephensons to a drink driver who had been prosecuted 26 years ago he said the following:
“If your previous drink driving conviction had been within the last 10 years, you would be at risk of a disqualification of between 36-46 months. This will not be the case given that your previous conviction was 26 years ago. The court are likely to have a record of your previous conviction and this may be considered as an aggravating factor”.
I find this quite confusing because I recently applied to the Police for a Subject Access Request and local Police records that came back clear with “no trace” regarding my drink drive conviction from over 32 years ago.
Sean’s advice implies that a completely clear SAR is worth nothing if an old drink driving conviction is likely to still be on court records and may be taken into account for any future convictions.
I’m clear on the PND and PNC but the courts will still have a record that may be used against me in the future.
In my opinion a person either has a criminal record or doesn’t have a criminal record.
Pity that the legal system can’t decide one way or the other.
Sadly I conclude that the Police and the Courts are completely incompetent regarding old criminal records and have no idea what they are doing.
“If your previous drink driving conviction had been within the last 10 years, you would be at risk of a disqualification of between 36-46 months. This will not be the case given that your previous conviction was 26 years ago. The court are likely to have a record of your previous conviction and this may be considered as an aggravating factor”.
I find this quite confusing because I recently applied to the Police for a Subject Access Request and local Police records that came back clear with “no trace” regarding my drink drive conviction from over 32 years ago.
Sean’s advice implies that a completely clear SAR is worth nothing if an old drink driving conviction is likely to still be on court records and may be taken into account for any future convictions.
I’m clear on the PND and PNC but the courts will still have a record that may be used against me in the future.
In my opinion a person either has a criminal record or doesn’t have a criminal record.
Pity that the legal system can’t decide one way or the other.
Sadly I conclude that the Police and the Courts are completely incompetent regarding old criminal records and have no idea what they are doing.
