Introduction – When Will A Criminal Record Be Cleared?
In a world where DBS checks are used more and more often to assess suitability for a job, a criminal record can be a significant barrier to employment. For many individuals who have made mistakes in their past, the question of when, and if, their criminal record will be cleared is critical.
The answer to the question, “When will a criminal record be cleared?” does depend on various factors, including the age at which the crime was committed. In this article, we’ll discuss the timescales for clearing a criminal record, for individuals who were over 18 years old when the crime was committed, and those who were under 18.
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Under 18 At Time Of Offence – When Will a Criminal Record be Cleared?
Anyone under 18 years old at the time of the offence is classified, and treated as, a minor. In contrast to crimes committed by adults, offences are more apt to be expunged from a criminal record for minors. To have a conviction filtered out from the disclosure process, the following conditions must be satisfied:
- A period of more than five and a half years has elapsed since the conviction.
- The sentence did not result in the applicant serving time in prison.
- It was the sole offence committed by the individual.
- The crime is not listed on a relevant safeguarding registry.
UPDATE; October 28th 2023 New Filtering Rules
As of the 28th of October 2023, the DBS has updated the filtering rules for convictions. For more information, you can read the Disclosure & Barring Service guidelines – New filtering rules for DBS certificates (from 28 October 2023 onwards) or read our latest article on how the changes could affect you. What the Changes to DBS Filtering Rules Mean For You
Over 18 At the Time Of Offence – When Will a Criminal Record be Cleared?
Individuals who were 18 years or older at the time of committing a crime are classified as adults. Consequently, offences from their criminal record will be excluded from in a background check if they satisfy the following conditions:
- A minimum of 11 years has transpired since the conviction.
- The offence did not result in a prison sentence.
- The applicant has not engaged in any criminal activities since that time.
- The particular crime in question is not listed on the relevant safeguarding list.
UPDATE; October 28th 2023 New Filtering Rules
As of the 28th of October 2023, the DBS has updated the filtering rules for convictions. For more information, you can read the Disclosure & Barring Service guidelines – New filtering rules for DBS certificates (from 28 October 2023 onwards) or read our latest article on how the changes could affect you. What the Changes to DBS Filtering Rules Mean For You
Is There Anything That Will Never Be Cleared From a Criminal Record?
Some convictions, such as serious violence and/or sexual offences, and other severe crimes such as terrorism, abduction, murder, and terrorism will never be cleared from a criminal record.
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Summary – When Will a Criminal Record be Cleared?
The length of time that it takes for a Criminal Record to be cleared depends on several factors: the age of the offender, the severity of the conviction, if it resulted in prison time, and whether the crime in question is listed on the relevant safeguarding list.
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Related Content – When Will A Criminal Record Be Cleared?
If you found this article on “When Will a Criminal Record be Cleared?” useful, you can read more DBS related content below:
- Do DBS checks show pending convictions?
- What is the Barred List?
- What are Specified Places?
- Will I Have A Criminal Record If Found Not Guilty?
About The Author
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Kellie Dawson
Kellie is our in-house legal expert when it comes to DBS checks. With a background in the legal sector, she has become a recognised authority in this area.