Check if you need to tell someone about your criminal record
What information you need to give
The information you need to give about a conviction or caution depends on:
- if the conviction or caution is on your basic criminal record
- what you’re applying for
What’s on your basic criminal record and what’s not
After you get a conviction or caution, it’s usually ‘unspent’ for a specific amount of time. The amount of time depends on the type of punishment or sentence you got.
An unspent conviction or caution means:
- it’s on your basic criminal record
- it will show up on any DBS check (criminal record check)
Most convictions or cautions then become ‘spent’ after a specific amount of time. This might be after a few months or years, or straight away.
A spent conviction or caution means:
- it’s not on your basic criminal record anymore
- it will only show up on a more detailed DBS check known as ‘standard’ or ‘enhanced’, unless it’s removed (‘filtered’) from the DBS certificate
You can check when a conviction or caution you got will become spent.
You can also read about different convictions or cautions, for example a court fine or a prison sentence.
If you have an unspent conviction or caution
You only need to tell an organisation about an unspent conviction or caution if they ask you to.
If they ask you and you do not tell them about it, they might find out by using a DBS check. They could then reject your application or withdraw a job offer, or you might be charged with a crime.
If you have a spent conviction or caution
If you’re applying for a job or education course
You only need to tell a potential employer, university or college about a spent conviction or caution if all of the following apply:
- they ask you to
- they tell you that the role needs a standard or enhanced DBS check
- it’s not removed (‘filtered’) from DBS certificates
You can check if the employer, university or college is allowed to request the standard or enhanced DBS check. They can only do this for certain roles, for example if you’re working with children or in healthcare.
It’s against the law for an employer, university or college to refuse you a role because you’ve got a spent conviction or caution, unless it makes you unsuitable for the role. For example, a driving conviction might make you unsuitable for a job as a driving instructor.
Example of a role that needs a basic DBS check
You’re applying for a role as a bartender.
A court gave you community service in May 2015. It became spent in May 2017.
Your potential employer asks if you have any past convictions or cautions. You do not need to tell them about the community service.
Example of a role that needs a standard DBS check
You’re applying for a role as a locksmith.
A court gave you a fine in May 2015 when you were 25. It became spent in May 2016.
Your potential employer tells you that the role will need a standard DBS check and asks if you have any past convictions or cautions. You need to tell them about the fine.
Example of a role that needs an ‘enhanced with barred list’ DBS check
You’re applying for a role as a teacher.
A court gave you an absolute discharge in May 2015. It became spent straight away.
Your potential employer tells you that the role will need an enhanced with barred list DBS check and asks if you have any past convictions or cautions. You need to tell them about the absolute discharge.
If you’re applying for insurance or housing
You do not have to tell the insurance company or housing provider about any spent convictions.