Under the Rehabilitation of Offenders Act 1974 (“ROA”), subject to certain exceptions, those convicted of a criminal offence who have not re-offended during a specified period from the date of conviction will be deemed 'rehabilitated' and their convictions would be classified as 'spent'. Spent convictions do not have to be declared if an employer is asking if you have a criminal record, unless the employment is for an exempt position (you should be told in the application form if the position is exempt).
If you are going to be subjected to a Disclosure and Barring Service (DBS) check (this replaced the old CRB check), then whether a past conviction will appear on it depends on what level DBS check is being undertaken. There are three main types of DBS check:
· Basic - contains only unspent convictions
· Standard – contains spent and unspent convictions, as well as cautions, reprimands and final warnings
· Enhanced – same as a Standard but also includes local police intelligence considered relevant to the application
A fine becomes spent 1 year after conviction. So it is no longer unspent and will not show up on a basic check. However it can still come up on an enhanced check if the police believe it is relevant to the application you are having the check done for. Sadly there is no possibility to get that removed in any way – it can remain on your record for life and if it is considered relevant it can be included on an enhanced check.
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