Drunk Driving

[ahussa]

Hello All,

I know of a friend that was convicted for Drink Driving 5 years ago.

Does this conviction stay on his record for 5 years or 10 years?

Is he still able to apply for Naturalisation?

Need reference to rules and regulations if possible please.

Thanks

[Amber]

Hello All,

I know of a friend that was convicted for Drink Driving 5 years ago.

Does this conviction stay on his record for 5 years or 10 years?

Is he still able to apply for Naturalisation?

Need reference to rules and regulations if possible please.

Thanks

Under the Rehabilitation of Offenders Act a non-custodial drink driving sentence would be ‘spent’ after 5 years. However, from December 2012 the concept of a conviction becoming "spent" no longer applies when making an assessment of good character. Under the naturalisation rules an applicant should be refused if the conviction (resulting in a non-custodial sentence) occurred in the last 3 years. However, as the offence is a recklessness offence caseworkers should not normally disregard the offence irrespective of the severity of the sentence imposed. Therefore, the answer is, the recklessness, non-custodial sentence will not be an automatic bar after 3 years but still may be a bar at the discretion of the caseworker.

See : http://www.legislation.gov.uk/ukpga/1974/53 & http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary