How Long Does it Take for a Criminal Record to Clear?
If in the past you’ve committed a crime, and have since lived life as an upstanding citizen, you may be applying for jobs, and worried about whether your past crime would show up on DBS checks? If you have your heart set on the job, you may be filled with dread waiting for the DBS to come back. This article will give you insight into what you can expect, depending on the crime, and when it was committed.
Does Every Crime Get Cleared from a Criminal Record?
No – some things will not be cleared from a criminal record. But many things will clear. Some crimes such as cautions, and convictions will clear from your record after a specified amount of time. There are things that determine how long a criminal record lasts for, and these include:
- What the crime was
- How old you were when the crime was committed
- Has the offence been spent (i.e., time served)
Age at the Time of the Offence
How old you were at the time you committed the offence, makes a difference to when your criminal record will clear (be expunged).
If you were over the age of 18 years old (legally classed as an adult); the crime will clear if:
- It has been 11 years since you were convicted (not since the crime occurred).
- You did not go to prison for the crime.
- You have kept a clean record ever since the offence
- The crime does not apply to safeguarding.
If you were under 18 years old when you committed the offence; the crime will clear if:
- It has been 5.5 years since you were convicted.
- You did not go to prison for the crime.
- You have kept a clean record ever since the offence.
- The crime does not apply to safeguarding.
Once a crime is cleared from off a criminal record, this should mean that it has no impact on your ability to do jobs.
How Quickly do Cautions Clear?
It could be that you were not charged with a crime, but instead received a caution. Because these are less serious, these clear more quickly off your criminal record, compared to convictions.
If you were over the age of 18 years old; the caution will clear if:
- It has been 6 years since the caution was received.
- The crime did not apply to safeguarding.
If you were under the age of 18 years old; the caution will clear if:
- It has been 2 years since you received the caution.
- The crime did not apply to safeguarding.
What crimes are never cleared from a criminal record?
If you’ve ever committed a violent or sexual crime, these will never be removed from your record. If you have committed any crimes abroad too, regardless of how much time has passed since the crime, these won’t be removed either. If you’ve ever abducted a child or committed terrorism these crimes would stay on your record for life too.
So, to summarize, if you’ve received a caution, this is less serious and will be removed off your record sooner than if you’re convicted for a crime. If you’ve committed a crime or received a caution under the age of 18 years old, this will be removed from your record quicker, than if you were over the age of 18 years old. Violent, or sexual crimes will stay on your record forever, in order to safeguard children and vulnerable adults.
