How Long Will a Conviction Stay on My Criminal Record?

Why This Matters

Understanding criminal records helps people avoid unnecessary disclosure and discrimination. Knowing what is spent, what must be disclosed, and when exceptions apply allows individuals to protect their rights while enabling employers and organisations to follow the law correctly.

What Is a Criminal Record in England?

A criminal record in England is information held by the police about someone who has been arrested, cautioned, or convicted of an offence. Most criminal records are stored on the Police National Computer (PNC). This database can include:

Convictions decided by a court
Police cautions
Youth cautions and sentences
Arrests, even where no further action was taken

Having information on the PNC does not automatically mean it will always be disclosed. What matters in practice is whether the law says the information must be revealed in a particular situation.

Recorded vs Disclosed Information

A key point that is often misunderstood is the difference between:

An offence being recorded by the police, and
An offence being disclosed to an employer, landlord, or other organisation

Police records may be kept for many years, sometimes indefinitely. However, the law limits when old or minor offences must be disclosed. This is where the concept of a spent conviction becomes important.

What Does “Spent Conviction” Mean?

The idea of a spent conviction comes from the Rehabilitation of Offenders Act 1974 (ROA). The purpose of the Act is to allow people who have committed offences in the past to move on with their lives after a set period without continuing to be penalised.

A conviction or caution becomes “spent” after a legally defined rehabilitation period. Once it is spent:

In most situations, a person does not have to disclose it
The individual can usually legally answer “no” when asked if they have a criminal record
Employers and insurers are generally not allowed to take spent convictions into account

There are important exceptions, particularly for jobs involving children, vulnerable adults, national security, or the justice system. These are too numerous to list here, but can be found in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975.

How Long Does It Take for a Conviction to Become Spent?

Rehabilitation periods depend on the sentence given, not the offence itself. The main rules under the ROA (as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012) for adults include:

Prison sentences of more than 4 years for “schedule 18 offences”, such as grievous bodily harm with intent, murder, or certain terrorism acts – Never become spent
Prison sentences of more than 4 years for other offences – The end of the period of 7 years beginning with the day on which the sentence (including any licence period) is completed
Prison sentences of more than 1 to 4 years – The end of the period of 4 years beginning with the day on which the sentence (including any licence period) is completed
Prison sentences of 1 year or less – The end of the period of 12 months beginning with the day on which the sentence (including any licence period) is completed
Community orders – Spent 1 year after the order ends
Fines – Spent after 12 months
Adult cautions – Spent immediately

Shorter rehabilitation periods apply to offences committed under the age of 18. For a full table of rehabilitation periods, please see: Rehabilitation Periods – GOV.UK

DBS Checks and Criminal Records

The Disclosure and Barring Service (DBS) provides criminal record checks for different purposes. There are three main types:

Basic DBS check – Shows only unspent convictions and cautions
Standard DBS check – Shows spent and unspent convictions and cautions, unless they are filtered
Enhanced DBS check – Includes the same as a standard check, plus relevant police information where legally appropriate. The police have a very broad discretion about what to include in an enhanced DBS check

Jobs that are exempt from the ROA, such as teaching, healthcare, and social work, can require standard or enhanced checks.

Do Offences Ever Get Deleted?

A common belief is that convictions are removed once they become spent. This is usually not the case, as police records may remain on the PNC indefinitely. What changes over time is whether the offence must be disclosed.

For most people, the effect of a criminal record reduces as offences become spent, but the impact can remain significant in certain areas of life.

We provide legal advice on appeals, whether that be against conviction or sentence. Our criminal defence lawyers can also review cases when you are unhappy with a previous solicitor’s advice or the outcome. Call us on 01329 822 333

https://www.churchers.co.uk/services-individuals/criminal-defence/