Mog

Can you check to see if anyone has a criminal record and do such things as cautions and criminal damage become spent after a period of time such as driving convictions.

Mog

remfanuk

some criminal convictions are deemed spent and some are not. you can apply to the CRB and get them to do an enhanced check if you so wish...not cheap though.

Stainy

Or a data protection check by your local force for about a £10. It's not the conviction that gets 'spent' it depends on the sentence dished out. Look up 'Rehabilitation of offenders' on google

GC8

You can only check yourself of course, you cant check another person.

richee

yep they all come of after 7 years or 10. had to get a criminal record check for my last job u pay £10 at your police station i was a bit worried cos i had been done for a few things 10 years ago it came back clean. there are some sites u can check people record on the net but think they are a con.

GC8

Rehabilitation of Offenders Act 1974

Quoted from Liberty's site here...


Rehabilitation Period per Sentence

Prison for more than two and a half years - never
Prison for more than six months but less than two and a half years - 10 years
Prison for six months or less - 7 years
Fine - 5 years
Dismissal with disgrace from Her Majesty's service - 10 years
Dismissal from Her Majesty's service - 7 years
Detention in respect of conviction in service disciplinary proceedings - 5 years
Borstal - 7 years
Detention for over six months but less than two and a half years - 5 years
Detention for six months or less - 3 years
Probation - 5 years
Hospital order under Mental Health Act 1983 - 5 years
or 2 years after order ceases to have effect, whichever is
the longer
Absolute discharge - 6 months
Conditional discharge, probation order, binding over,
care order, supervision order - 1 year after conviction of
the order or 1 year after the order ends, whichever is the longer
Disqualification - The period of disqualification

Note: These periods are reduced by half if the offender was under eighteen at the date of conviction.

The following sentences can never become spent:

• A sentence of imprisonment, youth custody detention in a young offender institution or corrective training, for a term of more than two and a half years.

• A sentence of imprisonment for life.

• A sentence of preventive detention.

• Detention during Her Majesty's pleasure or for life.

If you are convicted during the rehabilitation period of an offence which can only be tried by a magistrates'court, the new sentence will carry its own rehabilitation period and will not affect the earlier one. If the second offence is more serious and you receive a sentence covered by the Rehabilitation of Offenders Act 1974 , the earlier conviction will become spent only when the later one becomes spent. If a person is given a sentence which can never become spent, this also prevents an earlier unspent conviction from becoming spent.

It should be noted that it is the length of the sentence imposed by the court which is relevant and not, for example, the length of time actually served in prison. A sentence counts in the same way whether you are actually sent to prison or the sentence is suspended.

Where a person receives two or more prison sentences in the course of the same court case, the rehabilitation period depends on whether the sentences are ordered to take effect concurrently - at the same time - or consecutively - one after another. As an example of what is meant by this, if two six-month sentences are concurrent, the offences are treated separately, giving each conviction a rehabilitation period of seven years. However, if the sentence is consecutive, they are treated as a single term of twelve months, with a rehabilitation period of ten years.

jbwrx300

Agreed, I have had to have one for my last few jobs and ****e myself each time even though I know it should come back clear. I've got a couple of cautions from 1997, and the first check I had on my record by an employer was done in 2002 and nothing showed up.

Thus cautions go after 5 years. Not sure about convictions though, might be a different story - I was just clearly a good liar!