20Determination that charge has ceased to be expunged

20 Determination that charge has ceased to be expunged

(1)  If the Secretary is satisfied that a charge became expunged by reason of an application that included information that was false or misleading in a material particular, or documents that were false or misleading in a material particular, the Secretary may determine that the charge has ceased to be expunged.

(2)  The charge, and any conviction in respect of that charge, ceases to be expunged on and from the date of the determination under subsection (1) .

(3)  The Secretary must, within 28 days of making a determination under subsection (1)  –

(a) give the person who made the application to have the charge expunged written notice of the determination and inform the person in writing of –

(i) the reasons for the determination; and

(ii) the person's right to have the determination reviewed under section 21 ; and

(b) notify any relevant data controller in writing that the charge, and any conviction in respect of that charge, has ceased to be expunged.