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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50157
Experience:  Qualified Solicitor
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Jo i have a conviction which was spent 14 years ago can these convictions be erased f

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Hi jo
i have a conviction which was spent 14 years ago can these convictions be erased from all the records
Hello are you subject to any criminal checks?
Customer: replied 2 years ago.
no just wanted to know if spent convictions could be removed from any police or home office record
No they cannot. Legally they can remain on your police record until your 100th birthday, this was decided in the courts. There are certain rules where they may not be disclosed on criminal record checks but it does not mean they are removed from your official record.This is your basic legal position. I have more detailed advice for you in terms of the law on filtering from criminal checks which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Thank you. 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 However, recent legislation has introduced a filtering system for some offences and they will not show up on a DBS check after a specified period of time has elapsed. The current guidelines are: For those aged 18 or over at the time of the offence an adult conviction will be removed from a DBS check if:· 11 years have elapsed since the date of conviction; and· it is the person’s only offence, and· it did not result in a custodial sentence. Even then, it will only be removed if it does not appear on the list of offences relevant to safeguarding. Also, if a person has more than one offence, then details of all their convictions will always be included. The full list of exempt offences can be found here: An adult caution will be removed after 6 years have elapsed since the date of the caution – and if it does not appear on the list of exempt offences. For those aged under 18 at the time of the offence, the conviction will not be included if:{C}· 5.5 years have elapsed since the date of conviction; and{C}· it is the person’s only offence, and{C}· it did not result in a custodial sentence.{C}· It does not appear on the list of exempt offences. A caution for a young offender will be removed 2 years after the date it was issued as long as it was not for an offence on the exempt list. If you have not had to do a DBS check recently and are unsure whether your details are still stored on the PNC, then you can write to the police force that was responsible for dealing with your criminal record and make a Subject Access Request under the Data Protection Act 1998. This would involve writing to them, including proof of your ID, and requesting that they release any information held on you on the PNC. There may be a small fee involved, so I suggest you contact them first to check exactly what they need before you write to them with your request.