Check Your Criminal Records & DBS Rights

What you need to know

THE REHABILITATION OF OFFENDERS ACT 1974

The Rehabilitation of Offenders Act 1974 (ROA) allows criminal convictions to become 'spent' after a set period of time. Once spent, you are generally treated as if the conviction never happened and do not have to disclose it when asked about your criminal record. The rehabilitation period depends on the sentence imposed, not the offence itself.

REHABILITATION PERIODS

As of 2023, the rehabilitation periods are: custodial sentences over 4 years are never spent; sentences of 2.5–4 years become spent after 7 years; sentences of 1–2.5 years become spent after 4 years; sentences under 1 year become spent after 1 year; fines become spent after 1 year; cautions become spent after 3 months. Periods are halved for those under 18 at the time of conviction.

DBS CHECKS — THREE LEVELS

There are three levels of DBS (Disclosure and Barring Service) check. A Basic check only shows unspent convictions. A Standard check shows all spent and unspent convictions and cautions (subject to filtering). An Enhanced check adds any relevant information held by local police. Enhanced checks are only available for specific roles involving children or vulnerable adults.

FILTERING RULES — WHAT MAY BE REMOVED

Not all convictions and cautions appear on Standard and Enhanced DBS checks. Filtering rules mean that a conviction may be removed if it is more than 11 years old (5.5 years if the person was under 18), was not a custodial sentence, is not on the list of serious offences, and the person has only one conviction. Cautions are filtered after 6 years (2 years for under 18s). Youth cautions are always filtered.

DISPUTING INCORRECT DBS INFORMATION

If your DBS certificate contains information you believe is incorrect or should have been filtered, you can dispute it. Contact the DBS disputes team within three months of receiving the certificate. For non-conviction police information that appears on enhanced checks, you can apply to the Chief Constable of the relevant force for its removal.

EMPLOYERS AND SPENT CONVICTIONS

Employers generally cannot take spent convictions into account when making employment decisions. If a job does not require a DBS check and is not an excepted position under the ROA, you are not legally required to disclose spent convictions. Organisations such as Nacro and Unlock provide specialist advice on criminal records and employment rights.

This guidance is for general information only and does not constitute legal advice. Always verify current figures and legislation on GOV.UK or seek professional advice for your specific situation.