How Long Does It Take To Get A Clear Criminal Record?
Having a criminal record can affect your life in many ways. From job applications to obtaining a visa, criminal record information can influence the outcome.
Considering this, it's understandable why one of the most common questions our team receives is ‘how long does it take to get a clear criminal record?’.
There is no definitive answer to this question, but below we’ll try and cover all the key things you need to know.
How long do criminal records last?
Since 2006, police retain details of all recordable offences on a person's record until that individual reaches 100 years of age.
Despite this, having a recordable offence on your criminal record history doesn’t mean that it will come up on a DBS Check.
Do DBS Checks show every conviction?
The short answer is, no. DBS Checks do not always show every conviction on someone’s record.
What is shown on a DBS Certificate depends on two things: the level of DBS Check applied for and whether an offence is ‘spent’, ‘unspent’ or ‘filtered’ (more on filtering later).
The three levels of DBS Check each show a different level of criminal record information.
Basic DBS Checks only show unspent convictions, cautions, reprimands and warnings.
Standard and Enhanced DBS Checks will show all spent and unspent, convictions, cautions, reprimands and warnings.
Spent and unspent are terms that relate to a conviction’s ‘rehabilitation period’.
Under the Rehabilitation of Offenders Act 1974, offences have a period of time where they are classed as ‘unspent’, this is normally several years. Once this period has elapsed, offences become spent and aren’t considered relevant in most cases. You can find a full list of rehabilitation periods here.
Filtered convictions
Legislation changes in the past few years mean that some information is now filtered from a criminal record check. While the police will still retain the information, it is only disclosed if considered relevant to the check being carried out.
Reprimands, final warnings and youth cautions (including conditional cautions) received when under the age of 18 are now automatically filtered from Standard and Enhanced DBS Checks.
Adult cautions are also filtered if over 6 years has passed since the offence was recorded. Unless it is for a ‘specified offence’.
What will never be removed from a criminal record?
Specified offences are never considered spent or filtered from a criminal record. This is because these types or crimes are considered particularly dangerous or harmful.
In broad terms, any offence committed which is violent, sexual or terrorism related are classed as specified. This is the case whether an individual receives a conviction or is just cautioned.
You can find a comprehensive list of all specified offences on the GOV.UK website, here.
How do I know what’s on my criminal record?
If you want a copy of your criminal record, you don’t have to complete a DBS Check.
Under data protection laws, you can apply to see what information the police have on you. Individuals wanting to find this information can submit a subject access request. You can do this yourself, but it's usually recommended to get legal advice from a solicitor.
Information gathered this way cannot be used for the purpose of employment. If you need to prove your criminal record for a job, your employer will need to conduct a DBS Check.
So, how long does it take to get a clear criminal record?
In most cases, if you have a criminal record the police will retain this information for your entire life. However, as long as the offence isn’t considered a specified offence, a criminal record check could come back clear after 6-10 years.
The answer to this question is entirely circumstantial. If you need a clear-cut answer about your own criminal record history we’d advise seeking legal advice from a solicitor or reaching out to the charity Unlock.
Unlock is a charity founded by a group of former prisoners who provide advocacy and support for people with convictions. You can find more about them here.