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Criminal records- the facts

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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 6 months, the rehabilitation period lasts 7 years if you were eighteen or over when convicted, and 3 and a half years if you were under eighteen.
• If the prison sentence was between 6 months and two and a half years, the rehabilitation period lasts 10 years if you were aged 18 or over when convicted and 5 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 5 years if you were over 18 and 2 and a half years if you were under 18.
• If you got an absolute discharge the rehabilitation period lasts 6 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 5 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.

Related links

How do I apply for a job if I have a criminal record?

Who can help me if I have a criminal record?

Your shout!

Is there anything else you want to know about criminal records? If so, post your comments below.

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Comments

well, from what i have experienced, it looks like they disappear after ten years. that is what happened in my case. but the feds might have the conviction on their record. go to the court you were convicted in and ask for a copy of your criminal record. that will show everything you have

if you get arrested under 18,
and they took your finger prints & photo,
will your record ever be deleted?
do you even have a record?
what if its something small like: shoplifting, fraud?

HELP? :]

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