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Can my conviction for same-sex sexual activity be wiped off my record?

The Home Secretary may now ‘disregard’ certain convictions (which includes cautions, warnings and reprimands) for decriminalised consensual sex offences under provisions that came into force on the 1st October 2012. This pardons scheme is aimed at "righting the wrongs of the past"

The Home Secretary is extending the government’s disregards and pardons scheme to ensure that anyone convicted or cautioned for consensual same-sex sexual activity, under discriminatory laws that have since been abolished, can apply to have them ‘disregarded’ – meaning it would be wiped from their criminal records and not required to be disclosed, for instance when applying for a job.

An amendment to the Police, Crime, Sentencing and Courts Bill 2021-22 will broaden the eligibility of the disregards and pardons scheme.   Anyone convicted or cautioned for consensual same-sex sexual activity, under discriminatory laws that have since been abolished, can apply to have them ‘disregarded’ – meaning it would be wiped from their criminal records and not required to be disclosed.

An automatic pardon will be extended to all individuals whose cautions and convictions are disregarded under the scheme.

Conditions must still be met in order for a disregard and pardon to be granted, including that any other party involved must have been aged 16 or over and the sexual activity must not constitute an offence today.

Home Secretary Priti Patel said:

“It is only right that where offences have been abolished, convictions for consensual activity between same-sex partners should be disregarded too.

I hope that expanding the pardons and disregards scheme will go some way to righting the wrongs of the past and to reassuring members of the LGBT community that Britain is one of the safest places in the world to call home.”

If you have been convicted or cautioned for consensual same-sex sexual activity and would like to get this removed, please get in contact by email to Amber Richardson on Amber.Richardson@saunders .co.uk  or calling 0207 632 4300 to speak to one of the members of our team:

James Saunders, Steve Garratt, Tom Airey, Amber Richardson and Anusha Balachandre.

Saunders Law is proud of its long history of righting miscarriages of justice and overturning unjust records

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