Check if you need to tell someone about your criminal record

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1. When you need to tell someone about your criminal record

You might need to tell an organisation about your criminal record when applying for:

  • a job
  • a university or college course
  • insurance
  • housing

If you have a conviction from a court or a caution from the police, whether you need to tell the organisation depends on:

  • if they ask, for example in an interview or on an application form
  • when you got it
  • what type of punishment or sentence you got
  • the type of criminal record check they might request

There are different rules in and .

Check what information you need to give about your criminal record.

2. What information you need to give

The information you need to give about a conviction or caution depends on:

  • if the conviction or caution is on your basic criminal record
  • what you鈥檙e applying for

What鈥檚 on your basic criminal record and what鈥檚 not

After you get a conviction or caution, it鈥檚 usually 鈥榰nspent鈥� for a specific amount of time. The amount of time depends on the type of punishment or sentence you got.

An unspent conviction or caution means:

Most convictions or cautions then become 鈥榮pent鈥� after a specific amount of time. This might be after a few months or years, or straight away.

A spent conviction or caution means:

You can check when a conviction or caution you got will become spent.

You can also read about different convictions or cautions, for example a court fine or a prison sentence.

If you have an unspent conviction or caution

You only need to tell an organisation about an unspent conviction or caution if they ask you to.

If they ask you and you do not tell them about it, they might find out by using a DBS check. They could then reject your application or withdraw a job offer, or you might be charged with a crime.

If you have a spent conviction or caution

If you鈥檙e applying for a job or education course

You only need to tell a potential employer, university or college about a spent conviction or caution if all of the following apply:

You can check if the employer, university or college is allowed to request the standard or enhanced DBS check. They can only do this for certain roles, for example if you鈥檙e working with children or in healthcare.

It鈥檚 against the law for an employer, university or college to refuse you a role because you鈥檝e got a spent conviction or caution, unless it makes you unsuitable for the role. For example, a driving conviction might make you unsuitable for a job as a driving instructor.

Example of a role that needs a basic DBS check

You鈥檙e applying for a role as a bartender.

A court gave you community service in May 2015. It became spent in May 2017.

Your potential employer asks if you have any past convictions or cautions. You do not need to tell them about the community service.

Example of a role that needs a standard DBS check

You鈥檙e applying for a role as a locksmith.

A court gave you a fine in May 2015 when you were 25. It became spent in May 2016.

Your potential employer tells you that the role will need a standard DBS check and asks if you have any past convictions or cautions. You need to tell them about the fine.

Example of a role that needs an 鈥榚nhanced with barred list鈥� DBS check

You鈥檙e applying for a role as a teacher.

A court gave you an absolute discharge in May 2015. It became spent straight away.

Your potential employer tells you that the role will need an enhanced with barred list DBS check and asks if you have any past convictions or cautions. You need to tell them about the absolute discharge.

If you鈥檙e applying for insurance or housing

You do not have to tell the insurance company or housing provider about any spent convictions.

3. Check if your conviction or caution is spent

Use this tool to check if a conviction or caution is still on your basic criminal record (known as 鈥榰nspent鈥�).

The check includes driving offences and military convictions.

You can read more about what an unspent conviction or caution is.

Before you check

For each conviction or caution you鈥檝e had, you鈥檒l need:

  • the type of conviction or caution you got
  • the date you got it
  • the date any conditions ended, or how long your sentence was

If you give approximate dates, the result you get will be approximate.

You will not need to give personal details such as your name. The information you give will not be saved and cannot identify you.

4. Cautions

A caution is an official warning from the police.

It could be a:

  • simple caution if you鈥檙e 18 or over
  • youth caution if you鈥檙e under 18
  • conditional caution

Whether a caution is 鈥榮pent鈥� affects what information you need to give a potential employer, university or college.

When simple and youth cautions become spent

They become spent straight away.

When a conditional caution becomes spent

It becomes spent either:

  • on the date the conditions end
  • 3 months after you got it, if the conditions have no end date

5. Fines and compensation

A court might order you to pay:

  • a fine
  • compensation to someone (鈥榗ompensation order鈥�)

Whether a fine or compensation order is 鈥榮pent鈥� affects what information you need to give a potential employer, university or college.

When a fine becomes spent

A fine becomes spent:

  • one year after you got it, if you were 18 or over
  • 6 months after you got it, if you were under 18

There are different rules if a court gives you a fine for a driving offence.

When a compensation order becomes spent

A compensation order becomes spent after you鈥檝e paid someone in full and sent proof of payment to DBS.

6. Driving convictions

A court might give you a conviction for a driving offence, for example speeding or drink driving.

The conviction could be:

Fixed penalty notices (FPN) and penalty charge notices (PCN) are fines for minor driving offences. They will not appear on your criminal record unless a court gives you a conviction because of one.

Whether a driving conviction is 鈥榮pent鈥� affects what information you need to give a potential employer, university or college.

鈥楨ndorsements鈥� (penalty points)

A court will give a driving ban or fine with penalty points that appear on your driving record. This is known as an 鈥榚ndorsement鈥�.

An endorsement can stay on your driving record for longer than your criminal record.

This means a potential employer, university or college might find out about a driving ban or fine after it鈥檚 spent, if they request to check your driving record.

When a fine with an endorsement becomes spent

The fine becomes spent either:

  • 5 years after you got it, if you were 18 or over
  • 2 years and 6 months after you got it, if you were under 18

When a driving ban with an endorsement becomes spent

When a driving ban becomes spent depends on how:

If you were 18 or over

If the ban lasts less than 5 years, it becomes spent 5 years after you got it.

If the ban lasts more than 5 years, it becomes spent on the date it ends.

If you were under 18

If the ban lasts less than 2 years and 6 months, it becomes spent 2 years and 6 months after you got it.

If the ban lasts more than 2 years and 6 months, it becomes spent on the date it ends.

7. Prison sentences

A court might:

  • give you a prison sentence if you鈥檙e 18 or over
  • give you a detention order (鈥榙etention and training order鈥�) if you鈥檙e under 18
  • order you to stay in hospital instead of prison (鈥榟ospital order鈥�) if there are concerns about your mental health

A court can decide to delay a prison sentence for up to 2 years as long as you meet certain conditions. This is known as 鈥榮uspended鈥�.

Whether a sentence is 鈥榮pent鈥� affects what information you need to give a potential employer, university or college.

When a prison sentence becomes spent

When your prison sentence becomes spent depends on the:

  • length of your prison sentence
  • type of offence you committed, if your prison sentence is longer than 4 years
Length of your sentence When it becomes spent
Less than 12 months 12 months after the sentence ends
12 months to 4 years 4 years after the sentence ends
Longer than 4 years 7 years after the sentence ends (unless you were convicted of a serious violent, sexual, or terrorist offence)

If you were convicted of a serious violent, sexual, or terrorist offence

Your sentence is never spent if it was for longer than 4 years.

If your prison sentence was 鈥榮uspended鈥� or you were released early

The full length of the prison sentence affects when it becomes spent - not the amount of the time it was suspended for or how long you were in prison.

Example

A court gave you a 3 year prison sentence on 5 May 2021.

You were released early (鈥榦n parole鈥�) on 5 May 2023.

Your sentence ends on 5 May 2024 and becomes spent on 5 May 2028.

When a detention order becomes spent

When your sentence becomes spent depends on the:

  • length of your detention sentence
  • type of offence you committed, if your detention sentence is longer than 4 years
Length of your sentence When it becomes spent
Less than 12 months 6 months after the sentence ends
12 months to 4 years 2 years after the sentence ends聽
Longer than 4 years 3 years 6 months after the sentence ends (unless you were convicted of a serious violent, sexual, or terrorist offence)

If you were convicted of a serious violent, sexual, or terrorist offence

Your detention sentence will never become spent if it was for longer than 4 years.

When a hospital order becomes spent

A hospital order becomes spent either:

  • on the date it ends
  • 2 years after you got it, if there鈥檚 no end date.

8. Community service

A court might give you:

  • community service (鈥榗ommunity order鈥�) if you鈥檙e 18 or over
  • a youth order (鈥榶outh rehabilitation order鈥�) or a referral order if you鈥檙e under 18

For example unpaid work, a curfew or alcohol treatment.

Whether a community, youth or referral order is 鈥榮pent鈥� affects what information you need to give a potential employer, university or college.

When community service becomes spent

Community service becomes spent either:

  • on the date it ends
  • 2 years after you got it, if there鈥檚 no end date

When a youth order becomes spent

A youth order becomes spent either:

  • on the date it ends
  • 2 years after you got it, if there鈥檚 no end date

When a referral order becomes spent

A referral order becomes spent on its end date.

9. Discharges

A discharge is a type of conviction where a court finds you guilty but does not give you a sentence because the offence is very minor.

The conviction could be:

  • an absolute discharge
  • a conditional discharge, where you could still get a sentence if you break the conditions
  • a 鈥榖ind over鈥�, where you could get a fine if you break the conditions

Whether a discharge or bind over is 鈥榮pent鈥� affects what information you need to give a potential employer, university or college.

When an absolute discharge becomes spent

It becomes spent straight away.

When conditional discharges and bind overs become spent

They become spent either:

  • on the date they end
  • 2 years after you got one, if there鈥檚 no end date

10. Military convictions

A court might give you a military conviction if they find you guilty of a crime while you served in the British armed forces.

The conviction might be:

  • a dismissal
  • a service detention
  • an overseas community order
  • a service community order

Whether a military conviction is 鈥榮pent鈥� affects what information you need to give a potential employer, university or college.

When military convictions become spent

How long it takes for a conviction to become spent depends on how old you were when you were convicted. If you were:

  • 18 or over it takes 12 months
  • under 18 it takes 6 months

The length of time is calculated from:

  • the date of your conviction for dismissals
  • the day on which the sentence is complete for service detentions
  • the end date for overseas and community service orders - if the order has no end date, it becomes spent after 2 years

If you were given both a dismissal and a service detention then the longer of the two spent dates applies.