If you know that the job is covered by the Act and you get asked a question about any convictions or criminal records, you should disclose unspent convictions. As a general rule, cautions are filtered after two years if you are under 18 years old and after six years if you are 18 or over. Convictions, on the other hand, are filtered after 5. That said, there are certain offences that will never be filtered from a DBS check. These include:.
If there is no legal requirement to disclose a criminal conviction, then of course there is nothing wrong with not doing so. It is your choice whether you choose to disclose your conviction to someone like an employer, and there are no repercussions for not doing so. If there is a legal requirement to do so, however, you should comply with that. The consequences of not doing so vary depending on who you should have disclosed to, and they may even have criminal repercussions. If you fail to disclose your record to an insurance company, for example, you may be prosecuted for fraud for trying to obtain a benefit i.
Figuring out whether or not you have to declare a conviction is a complex and at times confusing process. If you can, get in touch with a solicitor who will walk you through the process and tell you whether you have to disclose. Whenever you have questions or concerns about your criminal record, one of the best things you can do is get in touch with a trusted criminal defence expert.
Contact our team for a no-obligation consultation today. How long does it take before a conviction is spent? How long does a conviction stay on your criminal record? Do you have to declare spent convictions to an employer? There are, however, occasions where you must declare a spent conviction to an employer: The first is where the conviction resulted in a sentence of more than four years if it was four years exactly, you do not have to declare it.
These jobs are usually ones that relate to public safety, vulnerable groups of people, or protected interests of individuals security of their home, financial data, and so on. These include: offences involving the supply of drugs sexual offences offences involving violence safeguarding offences If there is no legal requirement to disclose a criminal conviction, then of course there is nothing wrong with not doing so. Where to get help with spent or unspent convictions Whenever you have questions or concerns about your criminal record, one of the best things you can do is get in touch with a trusted criminal defence expert.
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Necessary Necessary. Let us explain. Some crimes will stay on your criminal record indefinitely, such as violent or serious sexual crimes that impact safeguarding, or if an offence resulted in a prison sentence of more than two and a half years.
However, other crimes will eventually be removed from your record in line with the Rehabilitation of Offenders Act Spent convictions are crimes that have reached this point and have been removed, whereas unspent convictions have not yet, and will still show up on a DBS check. Standard and enhanced level checks may still surface a spent conviction, but it is easier to obtain work if your convictions or cautions are considered spent. That depends entirely on your age, whether you were convicted or cautioned, and whether any prison time was involved.
See below a breakdown of when a crime may be filtered out:. However, it may make it more difficult than if the conviction was spent. They have to weigh up whether or not your past makes you ineligible for the position.
For example, if your crime involved theft and you were applying to work in a retail store, this would most likely raise a red flag with your potential employer. Cautions, warnings and reprimands become spent immediately, and conditional cautions are considered spent after three months. The time-frame for which a conviction is deemed spent varies, and things are complicated more if another crime is committed.
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