What Constitutes a Criminal Record in the UK?
A criminal record is a list of crimes for which a person has been convicted in a magistrate's or crown court in the United Kingdom. This list of a person's criminal history is often used by potential employers and lenders to assess the applicant's attitude, aptitude and trustworthiness.
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Maintenance
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Criminal records for England and Wales are maintained by the Criminal Records Bureau (CRB), an executive agency of the Home Office based in Liverpool. In Scotland, criminal records are held by Disclosure Scotland; in Northern Ireland, by Access Northern Ireland.
Crimes Included on a Criminal Record
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Any crime of which a person is convicted in court will go on his criminal record. Police cautions as an alternative to prosecution are also included on a criminal record, since anyone accepting a caution of this type is deemed to have admitted guilt.
The more serious motor vehicle offenses--reckless driving, drunk driving--are also classed as criminal convictions, as are certain charges brought by local authorities.
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What is Not Included
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An arrest for which no conviction is returned is not typically included on a person's criminal record. The same is true for motor vehicle offenses dealt with by way of a fixed penalty notice, such as speeding. Bankruptcy is not usually considered a criminal matter and will not be added to a person's record.
Likewise, formal warnings given on the street for offenses such as possession of cannabis for personal use are not considered criminal convictions and are not added to your criminal record.
Who Can See Your Criminal Record?
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You have the right to see your own criminal record. In addition, potential employers can also request disclosure of criminal records for anyone applying for a job.
Extra Information on a Criminal Record
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Anyone applying for a job in a sensitive position such as police officer, social worker or anyone working with children may be vetted by an enhanced disclosure of their criminal record. As well as a record of any criminal convictions, this may include information on reprimands, warnings, investigations or arrests without convictions, listed at the discretion of local police departments.
Time Frame
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All information on a person's criminal record will be held until that person's 100th birthday, at which point it is deleted from the record.
Spent Convictions
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Under the Rehabilitation of Offenders Act of 1974, certain criminal convictions can become "spent" or forgotten after a certain time period. Most community penalties, for instance, will become spent after five years. Prison sentences for less than six months become spent after seven years. Prison sentences for more than two-and-a-half years never become spent. You do not have to declare spent convictions to lenders or employers.
These spent convictions will not be included on standard disclosure forms of criminal records released to potential employers. They will, however, still be included on any enhanced disclosures.
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