How Long Do Criminal Convictions Last?
How long does a criminal conviction last? This is a common question asked by many. The length of a conviction depends on its unspent or spent status, which determines how long it may affect you.
Criminal convictions in the UK are logged on individual criminal records, allowing the law to access essential information when required. To learn more about how long criminal convictions last and what factors affect the timeframe, continue reading our blog.
What is a Criminal Conviction?
A criminal conviction is a legal determination by the Court that confirms if an individual is guilty of a criminal offence. Criminal convictions are recorded on a criminal record, which logs information on the Police National Computer (PNC) regarding a person's criminal history.
How Long Do Criminal Convictions Stay on Record?
Criminal convictions in the UK stay on record until you turn 100 years old. However, it'll only affect you depending on whether it's unspent or spent under the Rehabilitation of Offenders Act 1974.
So, while criminal convictions do stay on your record for a long time, their legal impact depends on factors such as your rehabilitation period and the length of your sentence.
Where are Criminal Records Kept?
Criminal records in the UK are kept on a database called the Police National Computer (PNC), which is managed by the ACRO Criminal Records Office (ACRO).
The PNC is used to store important details, such as names, dates of birth, cautions, offences, and convictions, including any offence outcomes. In addition to storing vital information, the PNC allows authorised bodies to complete an instant check on an individual's background when necessary.
Who Can Access Criminal Records?
Various law enforcement agencies can access criminal records, including:
- Police Forces
- The Crown Prosecution Service (CPS)
- The National Crime Agency (NCA)
- Local Authorities
- Government Agencies
In the UK, access to individual criminal records is highly controlled, and information is restricted to specific organisations in line with laws enforced by the Data Protection Act (DPA) 2018.
Can You See Your Own Criminal Record?
Yes, you can see your own criminal record for free through the ACRO Criminal Records Office by applying for a Subject Access Request (SAR).
To be granted access to your own criminal record, you must provide personal information to help locate your specific records. Reasons for wanting to see your own criminal record vary, but are often due to employment or visa purposes.
Unspent vs Spent Convictions UK
Unspent and spent convictions in the UK affect whether convictions appear on criminal records, but what are the key differences?
| Unspent Convictions | Spent Convictions |
|---|---|
| Convictions within the rehabilitation period | Convictions after the rehabilitation period has passed |
| Remains on police records | Remains on police records but legally ‘spent’ |
| Appear on all checks (basic, standard, and enhanced) | Appear on certain checks (standard and enhanced), usually not basic |
| Must be disclosed | Generally does not need to be disclosed |
| Employers regard these in hiring processes | Employers usually disregard these unless for specific regulated roles |
Do Spent Convictions Show on Criminal Records?
A spent conviction:
- Does not show up on basic criminal records
- Potentially does show up on standard or enhanced Disclosure and Barring Service (DBS) checks
In summary, spent convictions typically won’t appear on basic criminal records, but may show up on more detailed checks. Most convictions (unless serious) become spent after a certain length of time, but this can take anywhere from a couple of months to a few years.
Can Criminal Records Be Cleared of Convictions?
Generally, criminal records can’t be cleared of convictions. However, certain convictions and cautions can be removed from DBS checks via a process called 'filtering'. The filtering process removes certain convictions from basic background checks after a certain amount of time, but doesn't actually clear the conviction completely from your criminal record.
What Convictions are Never Removed from Records?
We understand that convictions can’t be fully cleared from criminal records, but they can be filtered from DBS checks. However, some convictions will never be filtered or removed from criminal records if they’re related to:
- Sexual offences
- Violent offences
- Terrorism-related offences
- Safeguarding-related offences
- Imprisonment of over 4 years
These particular convictions are never removed or made spent because they are considered particularly harmful, especially to the public.
Speak With Our Criminal Law Team Today
At Bell Lamb & Joynson, we offer expert criminal law services across the UK. Our highly-experienced team can assist clients facing all types of criminal charges, from assault to battery - all of which may impact your criminal record.
We can advise and support you during police interviews and in Court, helping to avoid charges or reduce sentences. With over 200 years of collective experience, you can rely on our team for help to better understand convictions and how long they may last on your criminal record.
Contact our dedicated team of criminal law solicitors today for more information.
Criminal Convictions FAQs
Does your criminal record clear after 7 years?
No, a criminal record does not clear after 7 years. But, they can become spent after a certain amount of time, which means they'll no longer appear on certain levels of background checks.
Which offences will always appear on a DBS?
All unspent police cautions or convictions will always appear on DBS checks in the UK.
Do you have to declare convictions after 10 years?
No, you generally do not have to declare convictions once they become spent under the Rehabilitation of Offenders Act 1974. However, you may need to disclose it when applying for particular jobs.
Can you be refused a job for a spent conviction?
No, you generally cannot be refused a job in the UK for having a spent conviction, and you don't need to disclose it. Employers have no legal right to refuse or reject a job application due to a spent conviction.
How long does a common assault stay on your record?
Common assault convictions stay on your record for a specific rehabilitation period before they may become spent under UK law.
Still got a question? Contact us.