Criminal records

This guide explains what criminal record information is, who may see it, when you may need to disclose it and how to get help. It also explains the difference between DBS certificates, police records and police certificates for overseas use.

This is general information, not legal advice. The answer can depend on the type and date of the outcome, your age at the time, the job or purpose of the check, and the country involved.

Choose what you need to do

Criminal records, police records and DBS certificates

These terms do not all mean the same thing.

A Basic DBS check, a police record subject access request and an Enhanced DBS certificate are different documents. None should automatically be described as your “complete criminal record”.

Is a conviction or caution spent?

A conviction or caution may become spent after a rehabilitation period. This can affect what you need to disclose for many jobs, education and insurance purposes.

The answer depends on the sentence or outcome, your age at the time, the date of the outcome, the offence and whether an exception applies. Do not rely on a simple table or another person’s experience.

Use the official GOV.UK spent-conviction checker and read GOV.UK guidance on the Rehabilitation of Offenders Act 1974.

DBS checks

There are different levels of Disclosure and Barring Service (DBS) check.

An employer must only request the level of DBS check that the law allows for the role. Basic checks do not have the same role specific eligibility rules as Standard and Enhanced checks.

See GOV.UK: DBS detailed guidance, GOV.UK: DBS eligibility guidance and GOV.UK: DBS checks for employers.

DBS filtering

Filtering removes certain protected cautions and convictions from automatic disclosure on Standard and Enhanced DBS certificates.

Filtering does not delete the record. It does not apply to Basic DBS checks. It also does not prevent relevant local police information being included on an Enhanced DBS certificate where the law allows.

Check the current GOV.UK DBS filtering guide.

Do I have to tell an employer about a criminal record?

For most jobs, you usually do not have to disclose a spent conviction or caution.

Some jobs, professions, licences and activities are exempt from these rules. For those roles, an employer may be allowed to ask about non filtered spent information and may be entitled to a Standard or Enhanced DBS check.

Before answering a disclosure question:

Use GOV.UK: disclosing your criminal record.

Get a copy of your police records

You can request a copy of PNC information held about you through the police record subject access process. This is free and is for your personal use.

A subject access request does not necessarily provide every piece of information held by every police force. Local police information may need to be requested from the relevant force, and some information may be withheld where the law allows.

Employers, landlords and other organisations must not require you to make a subject access request for them.

Start at GOV.UK: get a copy of your police records. You can also use the ACRO subject access service.

If information is wrong

Ask the organisation that holds the information to correct it. For police held information, you can ask the police force or relevant data controller to rectify inaccurate personal data.

If you believe a Standard or Enhanced DBS certificate contains an error, raise a dispute promptly. The usual DBS dispute period is three months from the certificate date.

See GOV.UK: dispute a mistake on your DBS certificate and ICO: right to rectification.

Can a police record be deleted?

A record cannot usually be removed simply because it is old, inconvenient or affecting employment.

You may be able to ask for inaccurate information to be corrected. In limited circumstances, you may apply through ACRO for police record deletion under the national record deletion process. Court convictions are not normally removed unless they are incorrect or removal is otherwise authorised.

See College of Policing: retention, review and record deletion.

If you need a certificate for a visa or overseas use

A police certificate is not a DBS check. You may need one if an embassy, high commission, consulate or overseas employer asks for evidence of your police record.

Apply through ACRO Police Certificates. Check the destination country’s requirements before applying.

For more information, see GOV.UK: get a copy of your police records.

If you disagree with a DBS certificate or barring decision

You can dispute factual errors on a Standard or Enhanced DBS certificate. If you disagree with local police information included on a certificate, follow the DBS dispute process first.

Barring list decisions have separate review and appeal arrangements. For England and Wales, an appeal against a DBS barring decision is made to the Upper Tribunal.

See GOV.UK: report a problem with a DBS check or barring decision and GOV.UK: appeal against an existing barring decision.

Records from when you were under 18

The rules for childhood and youth outcomes can be different. Some older records use historic terms such as reprimands and warnings, while current youth outcomes use different terms.

Whether a youth outcome is spent, filtered or must be disclosed depends on the outcome, your age at the time and the role or purpose of the check. Use the official spent conviction checker and get specialist advice if the record affects work, education, immigration or a DBS application.

Travel, visas, housing, insurance and other effects

A criminal record may affect travel, visas, employment, volunteering, education, housing, insurance or professional licences. The effect depends on the organisation, the country, the type of record and the rules that apply.

Do not assume that a spent or filtered record has the same effect for every purpose. Check the requirements with the organisation or country involved before applying or travelling.

Key points to remember

Official sources

This guide provides general information, not legal advice. Get specialist advice before making an important disclosure decision or challenging a criminal record or DBS issue.