Many people who apply for a DBS check online have a clean criminal record and don’t need to worry. However, for those with past convictions or cautions, there may be concerns about how this could impact their job prospects. We frequently receive questions from our clients about how a criminal record affects employment opportunities like ‘how long does a conviction stay on your record’; ‘how long does criminal records last’ or ‘how to clear criminal record.’
If that’s the case for you, Online DBS Checks has written this blog post to explain everything you need to know.
Which Parts of a Criminal Record Do DBS Checks Reveal?
If you’re concerned about the possibility of something existing on your criminal record and then being disclosed on your DBS certificate, it’s important to note that only certain information will be included. This decision is based on the type of DBS application that you complete, which can be one of three options:
- Basic DBS Check reveal any unspent convictions on your criminal record.
- Standard DBS Check also reveal unspent convictions but also include spent convictions, along with warnings, cautions and reprimands.
- Enhanced DBS Check include all of the previously mentioned information listed within a Standard disclosure check whilst also listing any relevant local police notes held on file.
Barred list checks may also be included depending on the specific job role you may be working in.
However, not every conviction or caution will be included by a DBS checking service, even during an Enhanced DBS check. This is because some are cleared, so why and when could this occur?
What Convictions Get Cleared from a Criminal Record?
It’s vital for anyone with a criminal record to know that only certain crimes will appear on their DBS certificate, depending on the nature of the crime and the sentence given.
How long does a conviction stay on your record?
During any level of DBS check, a key way to understand how specific offences are treated is to categorise them based on the applicant's age when they committed the crime.
Applicants 18+ at Time of Offence
Anyone who committed a crime when they were 18 years old or older is regarded as an adult. Therefore, any relevant offences will only be filtered from the criminal record check if they meet the following criteria:
- More than 11 years have passed since the conviction.
- The crime didn’t lead to a prison sentence.
- The applicant hasn’t committed a crime in the time since.
- If the crime in question doesn’t appear on the relevant safeguarding list.
Applicants Less Than 18 Years Old at Time of Offence
Anyone who commits a crime before the age of 18 is treated as a minor, even if the applicant has since turned 18. In comparison to crimes committed by an adult, any offences are more likely to be removed from a criminal record. The following criteria need to be met for a conviction to be filtered out of the disclosure process:
- More than five and a half years has passed since the conviction.
- The sentence didn’t involve the applicant going to prison.
- It was that individual’s only offence.
- The crime doesn’t appear on a relevant safeguarding list.
What Cautions are Removed from a Criminal Record?
As mentioned above, anyone requesting an Enhanced or Standard DBS check will have cautions listed on their DBS certificate. Crimes that result in a caution are less severe than those that lead to a conviction, so the time it takes for them to be removed from a criminal record is reduced.
Applicants 18+ at Time of Caution
Any relevant cautions will be filtered from the check if the applicant was over 18 at the time of the crime and they meet the following criteria:
- More than six years have passed since the caution was given.
- If the offence doesn’t appear on the appropriate safeguarding list.
Applicants Less Than 18 Years Old at Time of Caution
As with convictions, cautions given to minors are more likely to be removed from a criminal record than those given to adults. Therefore, the disclosure process won’t include an existing caution if it meets the following criteria:
- More than two years have passed since the caution was given
- If the crime doesn’t appear on the relevant safeguarding list.
Are There Any Convictions That are Never Removed?
As you may have noted in the information above, some crimes that aren’t removed from a criminal record appear on safeguarding lists to protect children and vulnerable adults from harm. This list includes serious crimes of a violent or sexual nature and severe crimes that occur abroad, such as terror offences, murder, sexual offences, and child abduction.
How Long Does a Criminal Record Last?
The answer depends on the nature of the offence and the type of check being conducted. Some convictions may be removed automatically after a certain period, while others remain indefinitely.
Under the Rehabilitation of Offenders Act 1974, many convictions become spent after a set number of years, meaning they do not need to be disclosed in most job applications. However, for jobs requiring Standard or Enhanced DBS Checks, some convictions may still be visible even after becoming spent.
Does your criminal record clear after 7 years?
While some convictions may no longer appear on a Basic DBS Check after this time, there is no universal rule that applies to all records.
How long do criminal records last on DBS?
It’s important to understand that different checks reveal different levels of information. A Basic DBS Check will only show unspent convictions, while Standard and Enhanced DBS Checks may disclose both spent and unspent convictions, along with cautions and other relevant information.
That being said, the timeframe varies based on the type of check and the specific details of the offence. In some cases, even spent convictions may still be disclosed if they are relevant to the job role being applied for.
If you’re unsure, review the latest DBS filtering guidelines can provide clarity on whether your record qualifies for automatic removal.
How to Clear a Criminal Record
Another vital question we get frequently is how to clear criminal records, especially if applicants are looking to move forward in their career or secure employment. While not all records can be erased, there are several ways to reduce their impact or remove them entirely.
- Automatic Filtering – Certain convictions and cautions are automatically removed from DBS certificates after a set period, depending on the nature of the offence and the individual’s age at the time.
- Applying for Record Deletion – If a record is incorrect or no longer relevant, you may be able to apply for deletion through the police. This process is assessed on a case-by-case basis.
- Legal Expungement – In some cases, legal proceedings may be required to clear a record. Seeking professional legal advice can help determine if this is an option.
- Rehabilitation & Character References – Demonstrating rehabilitation through employment, voluntary work, and positive contributions to the community can improve job prospects and make a case for record removal in certain circumstances.
So, when does your criminal record get cleared?
The answer depends on various factors, including the type of offence and whether it qualifies for filtering. While minor offences may no longer appear after a certain number of years, serious crimes will remain permanently visible on Standard and Enhanced DBS checks.
Knowing how to clear a criminal record can be the first step in moving forward with new opportunities. If you’re unsure of your status, seeking professional guidance or checking the latest DBS filtering criteria can provide clarity.
FAQs
Does your criminal record clear after 7 years?
Not necessarily. Some convictions may no longer appear on a Basic DBS Check after seven years, but for Standard and Enhanced DBS checks, certain offences may still be visible. The length of time a record remains depends on the type of offence and whether it qualifies for filtering.
How long does a criminal record last?
A criminal record lasts indefinitely unless it qualifies for filtering or expungement. Under the Rehabilitation of Offenders Act, many convictions become spent after a specific period, but this does not always mean they will be removed from DBS checks.
How long do criminal records last on DBS?
The duration varies depending on the check. Basic DBS Checks only show unspent convictions, whereas Standard and Enhanced DBS Checks may reveal both spent and unspent convictions, along with any relevant police information.
How long does a conviction stay on your record?
Convictions can remain on record permanently unless they are filtered. The time it takes for a conviction to be removed depends on the severity of the offence, age at the time of the offence, sentence given, and whether it appears on a barred list.
When does your criminal record get cleared?
Your criminal record may be cleared if your conviction qualifies for filtering, expungement, or record deletion. Minor offences can be removed automatically after a set number of years, while serious offences may remain permanently.
How to clear criminal record?
Clearing a criminal record may involve automatic filtering, applying for record deletion, or seeking legal assistance. If you’re eligible, some convictions and cautions may no longer appear on DBS checks after a certain period.
Can employers see spent convictions?
For most roles, spent convictions do not need to be disclosed. However, for jobs that require Standard or Enhanced DBS Checks, some spent convictions may still be visible.
What can I do if my conviction is still showing on a DBS check?
If you believe a conviction should no longer be appearing on your DBS check, you can apply for a review or seek legal advice to explore record deletion options.
If you need any further assistance, or more information, contact us today.
Other Guidence
Nacro
Nacro’s Criminal Record Support Service is the UK’s dedicated, confidential, national resettlement helpline and online service.
They provide expert advice and advocacy to people with criminal records, as well as expert advice, support and training to employers and organisations responsible for interpreting and managing this information.
Nacro have developed sample templates of criminal record declaration forms that take account of the changes and details of the Rehabilitation of Offenders Act 1974.
Unlock
Unlock is an independent charity, providing trusted information and advice services for people with convictions.
They run a confidential peer-advice helpline which supports people in overcoming the effects of their criminal convictions.
Unlock provide independent and impartial advice and support to employers and HR professionals that are receiving and/or making recruitment decisions based on criminal record information.
