Worried conviction may turn up on ECRB

[scouserat]

Back in 2003 I was living in Crumpsall and working in Manchester. One morning there was a guy who kicked off on the Metro with the guy that checks tickets and as there was a lot of shoving involved, which I got caught up in, I can only assume I managed to pull the ticket out of my coat pocket when I was pushed into and removed my hands to steady myself. Anyway as this happened close to Victoria station the guy was hauled off and a second ticket guy gets on. I get asked for my ticket and I can't find it so I get hauled off too. I was given the option to pay a standard fare at that point (£10 or £20 I think) or get billed for a penalty fare or something. As I couldn't pay (I didn't have the money and was worrying how I'd get home without my return ticket as I'd left my wallet in the house) I had to take the second option. The woman who was taking my details was extremely slow, and by the time I managed to walk the rest of the distance to work I was an 90 minutes late. As I'd recently started and I was within my probationary period they cancelled my contract, although they gave me two months salary and wrote off the remaining half of the sub they'd given me which I was paying back.

 

Anyway, I gave my notice at the place I was renting and handed the keys back with the loss of my deposit, and then moved in with my then girlfriend in Cleethorpes. About 3 months later I get a phonecall from the lettings agent to say that some "official looking mail" had turned up and to let her have my address and she'd send them. I thought they may just be letters for BT and British Gas as I'd not payed them, but I was just waiting for payment from my new job before I paid them (my girlfriend had two kids so I considered myself jointly responsible so I was happy to let them wait so I knew I could put food on the table). I left the package that had turned up from the letting agent until my first pay day came (3 weeks away), and then opened it. Inside were court documents. They related to the penalty ticket from the metro operators, then a court summons, a notice of fines etc that had been awarded by default and a load of other stuff.

 

I immediately rang the police to find out if there was a warrant out on me for non-payment and I think the police said there was, but when I explained the situation they said for me to get my backside down to the court and file a stat dec. I did this and a few days later pled my case to the magistrates requesting they quashed everything as I'd failed to receive any of the documentation or the summons and basically appealing to the judges' better nature. Happy days! They accepted it and I was told it had been quashed, but if the original claimants wished to pursue it again they could, and there would be a note made that any documents would be served by court bailiff to ensure I was where I said I was. I heard nothing more.

 

I'm going to apply for a job which will require an ECRB in a high secure facility, which will require me to disclose all convictions - "spent" or not. Now as far as I'm aware, the fact that I was fined means that I have/had a criminal conviction against me for fare dodging. Will this be on my ECRB report or not, what would it show up as, and if it is would it show as quashed or with the reasons? I'm not afraid to admit to it, but I don't know whether to put it down on the answer to do I have any criminal convictions. I'm not afraid to mention it because it's hardly anything, but I don't want to miss it out and answer no and then it look like I'm hiding something trivial.

 

Any advice appreciated.

[The Carpet Cleaners]

The reason for vetting in a high security environment is not to see if you have been naughty in the past, but to see if you would be liable or susceptible to bribery or blackmail.

 

As someone who has been through this process, I would advise you to put it down and then follow up with the fact that it has been quashed. It shows that you have nothing to fear from it, and that you are honest.

[firstclassx]

Although you are probably aware that GMPTE, (now Transport for Manchester), will very likely just re-issue the summons against you. They have 6 months from your stat dec to do this.

 

- As you did commit an offence, (i.e. fail to produce valid ticket on demand), the court has to convict you again anyway as all they need to prove is that you couldn't show a valid ticket, any intent is irrelevant.

 

All you have really done is "reset the clock". Probably still end up convicted, but with a guilty plea, you can reduce the fine.

 

You could get lucky though - they may have misplaced your case files...

[scouserat]

The reason for vetting in a high security environment is not to see if you have been naughty in the past, but to see if you would be liable or susceptible to bribery or blackmail.

 

As someone who has been through this process, I would advise you to put it down and then follow up with the fact that it has been quashed. It shows that you have nothing to fear from it, and that you are honest.

I've discussed this with my wife as she works in the same place (how I know about the upcoming postings) and she's said I should do this too. I guess I'll mention it and see how it goes.

 

Although you are probably aware that GMPTE, (now Transport for Manchester), will very likely just re-issue the summons against you. They have 6 months from your stat dec to do this.

 

- As you did commit an offence, (i.e. fail to produce valid ticket on demand), the court has to convict you again anyway as all they need to prove is that you couldn't show a valid ticket, any intent is irrelevant.

 

All you have really done is "reset the clock". Probably still end up convicted, but with a guilty plea, you can reduce the fine.

 

You could get lucky though - they may have misplaced your case files...

The original conviction and the stat dec were filed in 2003 (over a decade ago) so I guess they either dropped it or didn't get word of it.

[firstclassx]

Case closed then!

 

No criminal record or conviction...