What is a criminal record and when will I need to disclose it?
A criminal record is made up of:
• Cautions given by the police; and
• Convictions given at court
You may be asked about your criminal record in situations such as:
• Job applications/interviews;
• Education or training;
• Insurance; and
• Application for certain licences
On most occasions following a conviction there is a rehabilitation period. Once the rehabilitation period comes to an end, the conviction is spent.
When are cautions and convictions spent?
If you are an adult over 18 and have received a:
• Caution - this will be spent once it has been received
• Conditional caution - this will usually be spent on the date that the caution ends • Fine – this will be spent 1 year after the date of conviction
• Community order - this will be spent 1 year after the date of conviction
• Prison sentence between 6 – 30 months - the conviction will remain on your record for 4 years after your sentence ends
• Prison sentences of over 4 years - will never be spent
The guidelines that apply to youths vary from those above. These only applies to England and Wales as Scotland and Northern Ireland have different provisions.
There are certain exceptions, where you would have to disclose your caution or conviction even if it is spent such as employment with children; vulnerable adults; law enforcement; the legal system and high level financial positions. Exceptions also apply to certain licences and legal proceedings. You must tell people about your criminal record if you are asked about it for the purposes of work.
If you have any questions relating to this article and your criminal record, or require legal advice or representation please do not hesitate to contact us today on 01702 338338/ 01277 500123/ 02080495888 or 01702 342525 (emergency out of hours number) or by email at [email protected]