When is a conviction spent
When is a conviction spent
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Discussion

wjwren

Original Poster:

4,484 posts

164 months

Tuesday 19th May 2020
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Is a conviction (fine punishment) spent after 12 months of over 18 yr old? Also will it always show up on an DBS check?

V8fan

8,521 posts

297 months

Tuesday 19th May 2020
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12 months appears to be correct (6 months if under 18 at the time of the offence).

After 2014, an amendment to the Rehabilitation of Offenders Act reduced it from 5 yrs to 1 year

https://en.wikipedia.org/wiki/Rehabilitation_of_Of...

Drezza

1,471 posts

83 months

Tuesday 19th May 2020
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I believe it depends on the conviction, some enhanced DBS checks will still show even if spent.

martinbiz

3,698 posts

174 months

Tuesday 19th May 2020
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Age, type of conviction and sentence passed all play a part

https://www.gov.uk/exoffenders-and-employment

TVR1

5,478 posts

254 months

Tuesday 19th May 2020
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Depending on why you’re applying for a DBS check, some Could be disclosable but not all. A basic check, you can happily say no if the Rehabilitation of Offenders Act comes into play.

If enhanced, the rules of what’s considered a ‘minor offence’ come into play but look them up, readily available on the DBS website. And you also don’t have to declare them.

However, be careful, if you’ve been convicted of more than 1 offence that on their own, wouldn’t require disclosure, you must declare for more than 1. no one really ‘forgets’ that they’ve been to Court, Convicted etc. Small variations of dates etc ok. But not that you actually did it.

Time passed since conviction and penalties also play a part and the position you’re looking at taking up.

Don’t try and be smart.

Unless violence, drugs, sexual offences the ‘system’ does recognise that previous offenders can and are, for the most part trying to get on in life and put the past behind them.

If it’s a DBS check for migration purposes, you need to be very careful how you answer ANY questions. Mine was done through the old ACPO. Some real subtleties in there but again, be upfront, open and honest. ‘Good character’ test is not just about having never done anything wrong, it’s about acknowledging, realising and adapting your ways. And honesty in your answers, did I mention that before?

Good news is that any and all previous convictions will be completely expunged once you reach 99 years old or are deceased!






grumpyscot

1,293 posts

221 months

Thursday 21st May 2020
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And if you ever apply for an Esta or Visa to enter the USA, no conviction is ever "spent", as they don't recognise the rehabilitation of offenders act.