Nov 15, 2011
— read in fullCriminal records: The facts
If you have been sentenced for a crime, you will get a criminal record, even if you were given an absolute discharge.
What is a criminal record?
This is a record of a person’s criminal history. It is generally used by potential employers and lenders to assess a person’s trustworthiness.
The information included in a criminal record includes criminal convictions, cautions, warnings or reprimands.
Do I get a second chance?
To help people put their convictions behind them there is a rehabilitation period from the time of conviction. After this period has expired, certain criminal convictions are considered “spent” and can be ignored.
Rehabilitation periods are as follows:
• If you had a prison sentence of six months, the rehabilitation period lasts seven years if you were 18 or over when convicted, and three and a half years if you were under 18.
• If the prison sentence was between six months and two and a half years, the rehabilitation period lasts 10 years if you were aged 18 or over when convicted and five years if you were under 18 years.
• If you got a fine, probation, compensation order, community service, combination order or curfew order, the rehabilitation period lasts five years if you were over 18 and two and a half years if you were under 18.
• If you got an absolute discharge the rehabilitation period lasts six months.
• For other sentences there are variations in how long the rehabilitation period lasts. There are also variations for motoring offences.
When does my criminal record get deleted from police files?
Normally 10 years after conviction for minor offences and 20 years after for more serious ones (that could be tried in the Crown Court).
Do I get a criminal record for a caution?
If you have been given a caution and you are asked if you have any criminal convictions you can say no. If you are asked whether you have a criminal record you have to say yes - unless it has been five years or more since you got the caution.
How do I see a copy of my criminal record?
You can apply to the Magistrates Court or Crown Court - ask the Court Clerk. There may be a small charge.
How do I check what information the police have on file about me?
To see what the police have on file you will have to fill out a Subject Access Application form and send it off with a £10 fee. If you think there are mistakes and you want them corrected, contact your local Citizen’s Advice Bureau.
Convictions for violent crimes
If you are convicted in court of a violent offence against another young person, it will remain on your criminal record permanently.
This could affect your career, life choices and employment.
It is worth bearing in mind that a fight in a school playground or in your street could result in you being convicted of common assault - which is a violent crime.
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