Spent Conviction & Cleared Period
Posted: Thu Sep 13, 2012 11:15 pm
Can someone advise on on what is "cleared Period" as is stated on Home Office Website:
http://www.bia.homeoffice.gov.uk/britis ... ?version=1
It reads:
You must give details of all unspent criminal convictions. This includes road traffic offences but not fixed penalty notices (such as speeding or parking tickets) unless they were given in court. You must include all drink driving offences. Details of what is meant by an unspent conviction are given below.
We may use our discretion to disregard unspent convictions. The decision to use our discretion will depend on the amount of time that has passed since the conviction. This is known as the clear period.
How will a conviction affect my application?
If you have been convicted of a criminal offence you only need to declare your unspent convictions. A conviction becomes spent after a certain period of time has passed. The length of time it takes for a conviction to become spent will depend on your sentence. The table below provides examples of the spent period and clear period of various sentences.
If you have been sentenced to more that 30 month imprisonment for a single offence, this can never become spent.
If you have been convicted of a criminal offence but the spent period has passed by the time you make your application you do not need to provide details of the conviction on your application form. If you were convicted of a further offence during the spent period of your original conviction, the spent period for your original conviction may be extended.
If you have been convicted of a criminal offence and the spent period has not passed you must include details of the conviction on your application form. If the clear period has not been passed when you make your application your application is likely to be refused.
I have been convicted of a traffic offence LC20 in August 2010..... the conviction would be spent in 5 years, however it is "cleared" in 2 years (August 2012) ... does it mean I could apply for Naturalization and my application be considered???
Has anyone applied for naturalization after the "cleared period" and been successful?...... (meaning applying before the spent period of a conviction and the application has been approved?
http://www.bia.homeoffice.gov.uk/britis ... ?version=1
It reads:
You must give details of all unspent criminal convictions. This includes road traffic offences but not fixed penalty notices (such as speeding or parking tickets) unless they were given in court. You must include all drink driving offences. Details of what is meant by an unspent conviction are given below.
We may use our discretion to disregard unspent convictions. The decision to use our discretion will depend on the amount of time that has passed since the conviction. This is known as the clear period.
How will a conviction affect my application?
If you have been convicted of a criminal offence you only need to declare your unspent convictions. A conviction becomes spent after a certain period of time has passed. The length of time it takes for a conviction to become spent will depend on your sentence. The table below provides examples of the spent period and clear period of various sentences.
If you have been sentenced to more that 30 month imprisonment for a single offence, this can never become spent.
If you have been convicted of a criminal offence but the spent period has passed by the time you make your application you do not need to provide details of the conviction on your application form. If you were convicted of a further offence during the spent period of your original conviction, the spent period for your original conviction may be extended.
If you have been convicted of a criminal offence and the spent period has not passed you must include details of the conviction on your application form. If the clear period has not been passed when you make your application your application is likely to be refused.
I have been convicted of a traffic offence LC20 in August 2010..... the conviction would be spent in 5 years, however it is "cleared" in 2 years (August 2012) ... does it mean I could apply for Naturalization and my application be considered???
Has anyone applied for naturalization after the "cleared period" and been successful?...... (meaning applying before the spent period of a conviction and the application has been approved?