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By thecheckpeople_admin
Published 4:27 pm

When Will My Criminal Record Be Cleared?

Whether you’re an employee or candidate applying for a DBS check, there are several details listed, and if you’ve ever been convicted of a crime, this can cause panic regardless of how long ago it occurred. However, the check is used to identify potential problems. This can get complicated, though, so if you’re wondering when will my criminal record be cleared, then here is a breakdown.

What Will Be Cleared?

Not everything is cleared from a criminal record, but there are many things that are. There is a system that the DBS uses to filter certain cautions and convictions following a specific amount of time. To answer how long does a criminal record last, you must recognise the factors that consider when offenses have been spent (time served, etc.) include the crime and the age it was committed.

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Criminal Convictions

After completing your DBS check online, either by yourself or the employer ask to check the criminal record of the person applying for a position, it will look at criminal convictions, but the nature of the check, and whether the offenses are filtered depends on your age.

Over 18 Years Old At the Time of the Offense

A criminal record created after the offender turned 18, and was therefore legally an adult, is expunged only when:

  • 11 years or more have passed since the conviction (not the crime itself)
  • The person applying did not go to prison for the offense
  • The person applying has a clean record since the initial offense
  • The crime committed is not relevant on the list of safeguarding criteria

Under 18 Years Old at the Time of the Offense

If the applicant committed a crime before they turned 18, regardless of if they are 18 now, the law considers them a minor. The criteria for filtering this record is very much the same as when the crime was committed over 18. However, there is a difference.

  • 5 and a half years or more have passed since the conviction

If the offender did not go to prison, has a clean record since the initial offense, and the crime itself is not relevant on the list of safeguarding criteria, it will be cleared and should not impact the eligibility for work in the eyes of the law.

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Cautions

Not everybody is charged with a crime following an offense, and this is considered a caution. They are seen as less serious, so the time between committing the offense and having it cleared are shorter compared to spent convictions. Again, there is a difference between adults and minors.

Over 18 Years Old At the Time of the Offense

A caution will be stricken from the record and not appear on a DBS report if:

  • 6 or more years have passed since the caution was received
  • The crime was not relevant to the safeguarding list

Under 18 Years Old at the Time of the Offense

As a minor, the time between receiving the caution and having it cleared is shorter than for adults.

  • 2 or more years have passed since the caution was delivered
  • The crime was not relevant to the safeguarding list

And What Won’t be Cleared?

Not everything from your record can or will be cleared, though. These are crimes that will never be filtered out of the records and will appear whenever a potential employer orders a DBS check.

These include both violent and sexual crimes, as it is a safeguarding measure for those applying to work with children and vulnerable adults. The criminal record check will also refuse to filter any crimes that were committed abroad, regardless of how long ago it was. This covers a broad range of potential offenses, and it includes child abduction and terrorism.

Sources:

  1. When Will Your Record Be Cleared? – CB Screening
  2. What to do if you find criminal information on a DBS Check – Personnel Checks