How to Clear a Criminal Record in the UK: Step-by-Step Guide

clendar April 06, 2024

clendar 18 minutes

62260 Viewers

Wondering does a criminal record expire? For millions in the UK, a criminal record impacts employment, education, and travel opportunities. This guide explains when and how you may clear your record, providing clarity on eligibility and processes.

If you have a criminal record, it can be an obstruction to get a job, apply for university, rent a house, or even travel. It may stop you from getting on with your life. In the UK, the Police National Computer (PNC) stores all recordable offences. It remains there until the person becomes 100 years old.

However, there is no formal way for a person to request deletion of court convictions. For some exceptional cases, you can clear caution and convictions on a criminal record. This blog will show those circumstances and how to clear a criminal record in the UK.

What is a Criminal Record?

A criminal record is a history of crimes and offences about a person. It mainly records all the misconduct that was proven by court or law. In most cases, it includes all non-expunged criminal offences. It also lists all the offences like speeding and drink-driving.

Common law originally divided crimes into two categories: felonies and misdemeanours.

A felony is a severe form of crime. For examples, felonies include murder, manslaughter, dealing drugs, rape, robbery, and arson.

On the other hand, a misdemeanour is a lower-level criminal offence. For example, minor assaults, traffic offences, or petty thefts.

A potential employer, renter, or bank to ensure the reliability of a person can ask for a criminal record. There is also a need for criminal records of a person if they are travelling internationally. It is also necessary to do background checks. Furthermore, it is necessary to investigate any further allegations and offences.

PNC is the central database to store criminal information. There are also places where you can find the information. In the UK, these places are:

Locally, by police forces where the offence was recorded, and
Police National Computer (PNC)
National DNA Database (NDNAD)
National Fingerprints Database (IDENT1)
Custody Suite Imaging System (CSIS)
Other databases.

Records like caution, conviction or police investigation can affect you when applying for:

Disclosure & Barring Service certificates
Applying for jobs
ACRO Police Certificates when applying for visas

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How to Clear Criminal Records in the UK?

If you want to know how to clear criminal records in the UK, first, it’s important to know that deleting police data is discretionary.

Thus, if you already have data in your criminal history that was taken lawfully, it is likely police may refuse to remove the record. No matter how minor the offence was.

If you want to clear your criminal records so that it doesn’t appear in your DBS check, you must first realise the magnitude of the offence you committed. It is rare to clear your PNC data.

Are you Eligible to clear a Criminal Record?

To understand how to clear a criminal record UK, start by reviewing the eligibility criteria. Minor offenses or cases involving time-barred convictions are more likely to qualify. Check with ACRO or local police authorities for case-specific guidance.

Eligible

You have been issued a Penalty Notice for Disorder (PND)
Issued a Final Warning as a juvenile
Arrested but not charged and/or convicted of a minor offence (adult or juvenile)
Issued a Caution or Conditional Caution (as an adult)
Issued a Youth Caution (as a juvenile)
Issued a Reprimand (as a juvenile)
Arrested and charged with a qualifying offence* (serious offence), but you were not subsequently convicted (adult or juvenile)
Arrested but not charged for a minor offence and given a Discontinuance (adult or juvenile)

Not Eligible

You have been issued a Court Conviction (as an adult or juvenile)
Issued a Conditional Discharge or an Absolute Discharge in Court
The arrest event is owned by Police Service Northern Ireland
The arrest event is owned by Police Scotland
The record is held for Police Intelligence purposes
The arrest event is still under investigation
Charged with but not convicted of, a qualifying offence, and biometrics have been approved for 3-year retention by Biometrics Commissioner (adult or juvenile)
Charged with but not convicted of, a qualifying offence, and biometrics have been approved for a 2-year extension by District Judge (adult or juvenile)

Source: ACRO Deletion of records from national police systems.

Who can Clear your Criminal Records?

The chief police officer owns all the right to data in the PNC. They decide for exceptional cases to delete non-court disposal such as caution. They also delete other non-conviction data.

The National Police Chiefs’ Council (NPCC) also has guidance on the Record Deletion Process. It states that there are no fixed criteria for record deletion. So chief officers must use their professional judgment based on the information available.

You have to completely fill-up the form. You also have to attach identity proof and any document to support the application. The chief police officer receives the application for any judgment. Here are some circumstances where record deletion:

No Crime

When there is proof that the recorded crime was not committed or took place.

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Malicious or False Allegation

When a case drops against a person at some point. Additionally, if there is proof that the case was a malicious or false claim.

Proven Alibi

When there is proof that a suspect is an alibi and, as a result, removed from the investigation.

Suspect status not clear at the time of arrest

When a person is arrested at the start of an investigation, the line between perpetrator, victim, and witness is not clear, and the person is eventually ruled out as a suspect (but maybe a witness or victim).

Note that a person with a court conviction cannot request or apply to delete their record under this process.

The Criminal Record Deletion Process

The criminal record deletion process starts by submitting an application to ACRO Criminal Records Office. Include all required evidence, such as proof of rehabilitation or supporting documents, to strengthen your case.

1. Review eligibility criteria.

2. Gather required documentation.

3. Submit an application via ACRO.

What is the Police National Computer (PNC) & Police National Database?

The PNC, established in 1974, holds various personal data on individuals. Therefore, it ranges from arrests and convictions to vehicles and property. In short, it contains any kind of criminal record of a person. In contrast, the PND came along in 2009 and held police intelligence data. For example, CCTV video and other records on individuals, organisations, and firearms.

A person’s PNC record or police records contain a list of:

Full Names.
Date of Birth.
Sex.
Ethnicity.
DNA
Fingerprints
Photographs
Video footage from CCTV, body-worn cameras
Written records, statements, custody records
Criminal justice records, such as court documents, notes, records of convictions
Computer records, including notices and statements made by police officers

Mobile phone images, text messages, emails, app data

Police National Computer (PNC) enlists every recordable crime about you and your details. These records are any kind of:

Criminal convictions

You may have a conviction if you have agreed to be guilty or was found guilty of a crime. You might face any of the following:

Be discharged
Receive a fine
A prison sentence (including a suspended sentence)
Community service or other penalties

Cautions

It is a formal warning about future actions. A senior police officer issues it to a person after they accept committing an offence. It is a substitute for imposing a charge and potentially prosecuting someone. Typically used for minor or first-time offences.

Warnings

Juvenile offenders (aged 17 and under) who commit a second offence gets a warning. The police are going to refer the young offender to the offending youth team.

Reprimands

It is a formal verbal warning. A police officer gives it to a young person who confessed to committing a “minor” first offence.

How to check my information in PNC?

Since 2006, police can keep details of all recordable offences of a person until they reach 100 years of age. Under the old ‘weeding’ rules, the police could remove qualifying records prior to 2006. A person can request to erase eligible records. But in some cases, PNC erases suitable records automatically. However, there was no systematic procedure. Therefore, many documents that were eligible for clearance were not clear and were there in the record.

According to the Data Protection Act (DPA) 1998, everyone has the right to see the data that anyone holds against them. The Subject Access Request of the DPA 1998 gives the right to have a copy of any personal data held about them.

You can ask your local police for this information directly. Most police departments have application forms to apply for the information you need. These forms can be helpful, but you have no obligations to use them; you can call, email, or write in your request instead.

Additionally, you must contact ACRO to see your record on national police databases like the PNC. You can receive a certificate from ACRO. This certificate may:

Certify that no information about you is there on the national computer of the police force;
Provide details of convictions, whether they are spent or not, intelligence issues. For example, guilty verdicts, cautions, final warnings, additional action decisions and penalty notices.

Most importantly, you cannot use the ACRO certificate for employment purposes. For employment purposes, you need to undergo Disclosure and Barring Service (DBS).

Moreover, if you find incorrect data in your ACRO certificate, you have the right to complain to ICO. You can provide or request a check for correct information.

What is a DBS Check?

For many purposes, a criminal history check is necessary. When you apply for a job that seeks trustworthiness, they do a criminal record check. Before, the Criminal Record Bureau (CRB) did the criminal check. Until Disclosure and Barring Service (DBS) came along in 2012.

The DBS, a non-departmental public body sponsored by the Home Office, does the check. When the CRB and the Independent Safeguarding Authority merged in 2012, the DBS was born. The merger aimed to make the process more effective. If necessary, the DBS will conduct a criminal background check and check against the children or disabled adults barred list.

Since DBS checks provide an organisation or employer with your data, you cannot ask them to do the check. Instead, the employer, organisation, or charity will have to request it on your behalf.

The steps are as follows:

The DBS provides a DBS form to an employer (or a registered umbrella body)
The employer provides you with a form to complete.
You fill in and return the form with documents to prove your identity
All information is returned to the DBS by the employer (or a registered umbrella body)
DBS makes necessary checks.
Then you receive a DBS certificate, which you have to submit to the employers.

Moreover, jobs like a teacher, childminder, social worker, doctors, foster carer need a DBS check. So if you want to apply for this position learn how to clear criminal record in the UK.

Do Driving Offences show on DBS?

Minor offences, old and first-time small offences, which did lead to conviction, don’t appear in the DBS report. It can be a first time driving offence. The legislation provides the rules on when you can filter a conviction or caution. It states that a certificate must include the following:

Firstly, cautions relating to an offence from a list agreed by Parliament
Secondly, cautions that are given less than 6 years ago (where individual 18 or over at the time of caution)
Cautions that are given less than 2 years ago (where individual under 18 at the time of caution)
Convictions relating to a severe offence
If the individual has more than one conviction offence, the certificate states them all.
Likewise, convictions that resulted in a custodial sentence (regardless of whether served)
Convictions which did not result in a custodial sentence, given less than 11 years ago (where individual 18 or over at the time of conviction)
Convictions which did not result in a custodial sentence, given less than 5.5 years ago (where individual under 18 at the time of conviction)

How Long Do Criminal Records Last on DBS?

How long does a criminal record last UK? The duration varies based on offense severity. While spent convictions are filtered automatically after the rehabilitation period, more serious cases may require formal applications for clearance.

Criminal records on a DBS check generally last indefinitely. However, some offenses may be removed after a set period, depending on the conviction type and when the offense occurred. Certain records can be filtered out after a specified number of years.

A DBS check covers the past five years of a person’s criminal record, but may include older information if relevant, such as serious offenses or convictions still considered important for the role.

Offense	Inclusion in DBS Check	Explanation
Drink Driving	Yes	Drink driving convictions are included in DBS checks, but they may be filtered out after a certain time period (e.g., 5 years for a fine).
Community Order	Yes	A community order will be included in the DBS check if it is an unspent conviction.
Common Assault	Yes	Common assault convictions are included in a DBS check if the conviction is unspent.
Drug Driving	Yes	Drug driving convictions are included in DBS checks and are treated similarly to drink driving convictions.

Final Thoughts!

The blog covered most of the things you need to know about criminal records and how to clear criminal record in the UK. To get more information on criminal records and develop your criminology skill, join our course Criminal Intelligence Analyst from One Education.

FAQs

1. How to get convictions removed from DBS?

Convictions can be removed from a DBS check by applying for what’s called a “filtering” process. This involves filling out an application form provided by the Disclosure and Barring Service (DBS) and submitting it along with necessary documents and fees. The DBS will then review the application and make a decision on whether the conviction should be removed from the person’s record. It’s important to note that not all convictions are eligible for removal, and certain criteria must be met.

2. Can you get your criminal record cleared?

Yes, in the UK, individuals have the opportunity to clear their criminal records through a process called “criminal record expungement” or “criminal record deletion.” This involves applying to have certain convictions or cautions removed from their record, which can significantly improve employment prospects and other opportunities.

3. Can you pay to clear your criminal record?

Paying to clear your criminal record in the UK is not possible. The process involves applying to have your record removed through certain legal procedures, which may include spending a certain amount of time with a clean record or meeting other criteria specified by the law. It’s important to follow the appropriate steps and meet the necessary requirements for your record to be cleared.

4. Can I get my criminal record wiped?

Yes, your criminal record can be wiped in the UK. This process involves applying for a criminal record deletion through the Disclosure and Barring Service (DBS). Eligibility depends on various factors, such as the type of offense, the time passed since the conviction, and your behavior since then. The application typically involves completing a form and providing supporting documents. Once submitted, the DBS will review your case and decide whether to delete your record.

5. How to check my criminal record uk for free?

Your criminal record in the UK can be checked for free by requesting a copy of your criminal record from the Disclosure and Barring Service (DBS). This can be done online or by mail, and you’ll need to provide personal details and identification documents. Once your request is processed, you’ll receive a copy of your criminal record by post.

6. How long does a criminal record last?

A criminal record typically lasts for a certain period, depending on the offense. Minor offenses may become spent after a few years, while more serious ones take longer. Once spent, they don’t usually need disclosure.

7. How much does it cost to clear your criminal record?

Clearing a criminal record in the UK costs around £90 for a basic check and up to £800 for a more thorough process, depending on the complexity of the case and legal fees involved.

8. Does your criminal record clear after 7 years uk?

Yes, in the UK, criminal records can clear after 7 years, depending on the type of offense. Certain minor offenses can be automatically removed from a person’s record after this period, provided they haven’t committed any further crimes. However, more serious offenses may remain on record for longer periods.

9. Does a criminal record expire uk?

To clarify does a criminal record expire, consult the Police National Computer (PNC) or reach out to legal professionals specializing in record expungement. Government resources like the ACRO website offer comprehensive support.

10. What does unspent convictions mean?

Unspent convictions refer to criminal offenses for which a person hasn’t completed their punishment, such as serving a prison sentence or paying a fine. These convictions remain on an individual’s record and can affect various aspects of their life, like job opportunities and travel.

11. When does your criminal record get cleared UK

Wondering when does your criminal record get cleared UK? For spent convictions, records are removed after the specified rehabilitation period under the Rehabilitation of Offenders Act 1974. However, unspent convictions require application-based deletion through ACRO.