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- Generally, once spent, your conviction does not need to be disclosed, it will not appear on a basic criminal record check and you can legally ‘lie’ about your past convictions by answering ‘no’ to a question about convictions for roles covered by the Act.
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Oct 16, 2017 · There is no procedure to apply to a Court to have a criminal record formally sealed so that it is not disclosed. There is also no formal process for expunging a criminal record (other than police records) namely erasing someone’s criminal record.
Feb 10, 2021 · Criminal records checks Cautions, reprimands and warnings and some convictions become “spent” after a certain period of time. Once a record becomes spent it does not usually need to be declared to employers or voluntary organisations.
Generally, once spent, your conviction does not need to be disclosed, it will not appear on a basic criminal record check and you can legally ‘lie’ about your past convictions by answering ‘no’ to a question about convictions for roles covered by the Act.
Basic. There are some hard words in this guide. Here is what they mean: DBS stands for Disclosure and Barring Service. A DBS check looks at your criminal record. It says if you have been in...
- Do I need to tell employers about my conviction?
- Is my conviction spent or unspent?
- My conviction is unspent
- My conviction is spent
- How do I tell an employer about my conviction?
- When do I tell an employer about my conviction?
- Do I need to pay for a DBS check?
- How can I find out more?
Telling an employer about your conviction depends on whether it’s ‘spent’ or ‘unspent’, and the type of job you’re applying for.
An unspent conviction or caution means:
•it will show up on all DBS checks
•you have to disclose it if employers ask you – not disclosing when required is a criminal offence
•you don’t have to disclose it if you’re not asked
A spent conviction or caution means:
Check if your conviction or caution is spent or unspent on GOV.UK.
Most convictions or cautions become spent after a specific amount of time, known as the rehabilitation period. This might be straight away, in a few months or in several years, depending on the type of sentence you received.
Rehabilitation periods apply from the end date of the sentence (including the licence period).
*Excluding serious violent, sexual and terrorist offences, which will never be spent
You must tell an employer about unspent convictions if they ask you. Failure to disclose when asked could get you into trouble and you might end up losing the job.
You may feel uncomfortable talking about your conviction but around 1 in 4 people of working age in the UK have a criminal record, so it’s likely the employer has experienced criminal record disclosure before.
You don’t need to disclose spent convictions when applying for most jobs but for some jobs (like working with children and vulnerable adults, or in positions of public trust), the employer must carry out a standard or enhanced DBS check. These checks may show both spent and unspent convictions.
In this case, you should consider telling the employer about any spent convictions so the information you give them matches what they’ll see on your DBS certificate.
Often, how you choose to tell an employer depends on personal preference and circumstances.
Some people prefer to tell employers verbally in person, so they can explain what happened and how things have changed.
Others prefer to tell employers in writing using a disclosure statement. You can get someone to check the letter before you send it and keep a copy to remember what you’ve disclosed.
Find more information about preparing a disclosure statement on Unlock’s website.
It will be different for each job, but disclosure often happens at the interview stage.
You should tell employers about any unspent convictions when asked. This is for two reasons: they prefer it that way, and it helps your own peace of mind. If an employer has concerns about your criminal record, it’s better to know early on.
Often, the employer will pay for a DBS check.
Only employers or organisations can apply for standard and enhanced DBS checks.
If you’re self-employed and want to apply for a basic DBS check, you’ll have to pay for it yourself.
Find more information and request a basic DBS check on GOV.UK.
You can contact the charities Nacro or Unlock. Both provide support and advice on employment for people with convictions.
If you are under 18, you can speak to your youth justice worker or your resettlement practitioner.
Jul 13, 2023 · Criminal records are kept by the police to retain information on an individual’s criminal history. This article looks at what information police retain and how to apply for the removal of a criminal record.
When does a Criminal Record Clear? What You Need to Know. Many people who complete a DBS online application don’t have anything on their criminal record and therefore have nothing to worry about. However, those who do may wonder whether this will affect their ability to be hired in a role.
