What if I receive another type of penalty from the police?
In addition to cautions, the police have other disposals available to them as an alternative to prosecution. These disposals are less formal than cautions and do not result in a person receiving a criminal record. Examples of these are:
Fixed Penalty Notices (FPNs) an on the spot fine issued by the police for offences such as disorderly behaviour or shoplifting.
Penalty Notices for Disorder (PNDs), where the police give you an on the spot fine for offences like public intoxication or low-level criminal damage.
Community Resolution Order (CRO) where a person can be required to take certain actions such as apologise to the victim or repair any criminal damage they have caused. This is aimed at first-time offenders, but only for low-level offences that are isolated and where the police consider it unlikely the person will commit an offence again.
If you pay an FPN, PND or comply with the requirements of a CRO within the specified time-limit, all liability for the offence is discharged and the offence does not form part of your criminal record. This information can be disclosed by the police on a higher level criminal record check known as an enhanced DBS check, but this very rarely happens. We have yet to come across an example of this happening.
How long can my criminal record be disclosed?
Now that you know what types of things go on your criminal record, you might be wondering how long this information can be disclosed for on a criminal record check. The answer depends on the type of conviction and the sentence you received.
Thankfully, as a result of the introduction of the Rehabilitation of Offenders (ROA) 50 years ago, many minor convictions are considered “spent” after a certain amount of time. Once a conviction is spent, it no longer needs to be disclosed in most situations. There are however certain healthcare and social work where the work involves working with vulnerable adults and/or children, trusted positions such as being a qualified lawyer or chartered accountant, teaching and working in schools.
Nacro’s guide on the Rehabilitation of Offenders Act sets out the rehabilitation periods that are applied to different sentences and disposals. Below are some examples of rehabilitation periods:
- Cautions: spent immediately unless a youth conditional, adult conditional or adult diversionary caution (spent after 3 months or when conditions complied with, whichever is the earliest)
- Prison Sentences of Less Than 12 Months: These are spent 12 months from the end of the sentence.
- Prison Sentences Between 12 Months and 48 Months: These become spent 4 years from the end of the sentence.
- Fines: These are spent 1 year after the fine is given.
- Community Orders: These become spent at the end of the order
Why Does It Matter?
Knowing what’s on your criminal record and how long the information can be disclosed for is crucial for several reasons:
- Employment: Employers often ask about criminal records, especially for roles in teaching, healthcare, or any job that requires a high level of trust. Certain jobs even require a Disclosure and Barring Service (DBS) check, which can reveal both spent and unspent convictions that are not ‘protected’
- Traveling Abroad: Some countries, like the US, have strict policies about allowing entry to people with certain types of criminal convictions.
- Housing and Insurance: Some landlords and insurers may ask about your criminal record when you apply.
If you’ve got something on your record, remember that many convictions and cautions can become spent over time and will not be disclosed on a criminal record check in most cases, giving you a fresh start. Whether you’ve received a caution for a minor offence or a conviction for a more serious offence, knowing what’s on your criminal record and what could be disclosed is the first step in taking control of your future.
