What you need to know, in brief.
- Under the Rehabilitation of Offenders Act (ROA) once a conviction is ‘spent’ it doesn’t need to be disclosed when applying for the majority of jobs or when purchasing financial products. However, details of convictions which have been reported in the media can often be found online long after they have become spent.
- In May 2014, the Court of Justice of the European Union ruled that individuals should be able to request the deletion or removal of personal data published online where there is no compelling reason for it to remain.
- Under English Law the media have the right to publish the outcome of adult criminal court proceedings. Newspapers are usually reluctant to delete any criminal record information, even when a conviction is spent.
- If it’s not possible to have online information deleted (maybe because your conviction is unspent) you could consider changing your name. This can make it much harder for employers who carry out ‘soft’ checks on individuals to find any criminal record data.
How can I get details of a spent conviction which have been report online removed?
If the details of your spent conviction have been reported in the media (for example in a local or national newspaper), you could try contacting the organisation/publication directly asking them to remove any reference to your spent conviction.
If the organisation/publication refuse to delete the information, you can apply to Google (and other search engines) making a request to have the links to your name removed. This is often referred to as ‘The Right to be Forgotten’.
There are many solicitors and specialist companies that can help to get links to your name removed but this can be expensive. With the support of Unlock’s helpline and the information on our website we are aware of many people who have successfully applied to Google to have links to their name removed.
- The ‘google effect’, internet search results and the right to be forgotten
- Search engine removal request template [PDF]
- Google online application form
- The ‘Right to be Forgotten’ and the role of the Information Commissioner’s Office (ICO)
Other ways of dealing with negative information online
If your conviction is unspent then it’s unlikely that Google (or other search engines) would agree to remove links to your name. If there is information about you online which is making it difficult to find employment, get insurance etc. then you may need to consider other ways to make it harder for people to search for you online.
Frequently Asked Questions
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All the time your conviction is unspent it is usually deemed to be of ‘public interest’. This makes it less likely for an application to Google to be successful.
However if you feel you can make a good case for removal because the information is irrelevant, outdated or inappropriate, then it’s worth making an application.
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The Information Commissioner’s Office (ICO) is responsible for upholding information rights and data protection law. If your application to Google has been refused you can make a complaint directly to the ICO.
Useful links
Here you’ll find links to useful organisations that we refer to in our information and advice.
