How long will my conviction stay on record?

1. I have had caution/s but not been to court
If you are asked if you have a criminal conviction you do not need to declare any cautions. It is recorded on police records but you haven’t been convicted at court.

2. I have one criminal conviction but I didn’t go to prison
You only have to tell if asked. If you received a fine, and you are asked, you currently have to declare your conviction for 6 months if you were 17 or under when convicted, or 1 year if over 18, from the date of conviction. Applying for a job which involves a DBS check? DBS checks show all convictions whether spent or unspent. However, if you only have one non custodial conviction it will only appear for 6 years if you were under 18 when convicted. If you were over 18 when convicted it will appear for 11 years. However, if the conviction is deemed more serious then it will still appear.

3. I have more than one criminal convictions but have not received a prison sentence
You only have to tell if asked. If you received a fine, probation order or community order, and you are asked you currently have to declare your conviction for 6 months if you were 17 or under when convicted, or 1 year if over 18, from the date of conviction.

Applying for a job which involves a DBS check? (formally CRB) check? DBS checks show all convictions whether spent or unspent so you will always have to declare in this instance.

4. I have one prison sentence of under 6 months
You only have to tell if asked. If you received a sentence of less than 6 months, and you are asked, you have to declare the conviction for 18 months after your sentence ends if you were under 18 when convicted, or 2 years if 18 or over.

Applying for a job which involves a DBS check? DBS checks show all convictions whether spent or unspent so you will always have to declare in this instance.

5. I have one prison sentence of over 6 months but under 30 months
You only have to tell if asked. If you received a sentence of more than 6 months but less than 30 months, if asked, you have to declare the conviction for 2 years after your sentence ends if you were under 18 when convicted, or 4 years if 18 or over.

Applying for a job which involves a DBS check? DBS checks show all convictions whether spent or unspent so you will always have to declare in this instance.

6. I have one prison sentence of over 30 months but less than 4 years
If asked, you have to declare the conviction for 3.5 years after your sentence ends if you were under 18 when convicted, or 7 years if 18 or over.

7. I have one prison sentence of over 4 years
You only have to tell if asked. If you have a prison sentence of over 4 years you currently always have to declare if asked as your conviction is never spent.

Applying for a job which involves a DBS check? DBS checks show all convictions whether spent or unspent so you will always have to declare in this instance.

The law is changing soon. A conviction of between 2 ½ years and 4 years will be spent after 7 years from the end of the sentence.

What’s next?

Table of Rehabilitation

I’m worried I won’t even get an interview

This page was last updated on February 21st, 2014

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