Many thanks for your patience. If a person receives a criminal conviction, it is initially treated as ‘unspent’, until a specified rehabilitation period has passed, after which it is considered ‘spent’. The fine would have been spent by now. 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 that is the case, but usually it involves jobs working with children or vulnerable adults or positions of trust).
In addition, an employer may require an employee to undertake a criminal records check known as a DBS check (the new name for the old CRB check). Whether a past caution or conviction will appear on it depends on what level of DBS checking is being undertaken. There are three levels:
· Basic - contains only unspent convictions (this won’t show up)
· Standard – contains spent and unspent convictions, as well as cautions, reprimands and final warnings (this will only show up if it is not filtered under the rules below)
· Enhanced – same as a Standard but also includes local police intelligence considered relevant to the application and entries on barred lists
There is also a filtering system in place which removes spent convictions subject to certain conditions. The current guidelines are:
A spent adult conviction will not be included on a DBS check if 11 years have elapsed since the date of conviction, it is the person’s only offence and it did not result in a custodial sentence.
It is important to note that Enhanced checks are not automatically subject to the filtering rules and the police force that issues the check can still include details of the offence, even if it would normally be filtered out, if they believe it is relevant to the application for which the check is being undertaken. As case law has confirmed that criminal records can remain on a person’s police record until their 100th birthday, it means that there is the potential for certain offences to appear for life on an Enhanced check if they are deemed relevant to the application for which the check is required.
As to travel abroad, that will depend entirely on the country you are travelling to and the rules associated with it so you need t check each time you have to declare anything and determine if it needs to be declared.
Does this answer your query?