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Looking for friendly employers

Introduction
Employers ‘banning the box’ and improving their recruitment process
Places to look for friendly employers
Companies recruiting from the community
Companies with links to prisons

Introduction

A criminal conviction doesn’t have to be the end of your career but many people with convictions feel anxious about disclosing details of their past fearing that they will be judged and discriminated against.

For many people, knowing that an employer is ‘friendly’ towards people with convictions helps them to apply for jobs with more confidence.

That’s why we’ve developed this page to go on top on the information we have about disclosing to employers.

On this page, we’ve identified a number of employers who, either as a result of their recruitment process or company ethics, have a positive attitude towards people with convictions.

However, please note – you shouldn’t limit yourself to only applying to these companies as we know from our work there are loads of employers that regularly recruit people with convictions, it’s just that they simply don’t shout from the rooftops about it.

Employers ‘banning the box’ and improving their recruitment process

Many employers consider individuals with convictions on merit and take steps to encourage applications from people with convictions. However, it is important to remember that this doesn’t mean that you’re guaranteed a job.

In order to try and ensure individuals get the most positive start to their applications, a number of companies have signed up to a campaign run by Business in the Community to Ban the Box. This calls on UK employers to create a fair opportunity for people with convictions to compete for jobs by removing the tick box from application forms which asks about criminal records.

We’ve developed a list of Ban the Box employers which includes the name and contact details of the employers as well as setting out the point at which they may ask you to disclose your criminal record.

Find Ban the Box employers here

Employers who have signed up to the Ban the Box campaign:-

Do not request information about unspent criminal convictions on application forms
Examine their own recruitment policies and practices to identify how positive disclosure of criminal convictions can take place later in the process
Register their commitment to offering fair opportunities for people with convictions on the Ban the Box website

Places to look for friendly employers

As more employers recognise the advantages of having more fully inclusive recruitment policies, there may be other employers not included on this page. Other places to look for ‘friendly employers’ are:-

Ban the Box is a national campaign (led by Business in the Community, and supported by Unlock and others) which calls on UK employers to create a fair opportunity for people with convictions to compete for jobs by removing the tick box from application forms and asking about criminal convictions later in the recruitment process.

Employers Forum for Reducing Reoffending (EFFRR) is a membership organisation for employers who agree to recruit people with convictions. As part of their membership regulations they have to agree to supply data regarding the number of people with convictions that they employ and also commit to support the wider recruitment of people with convictions.

Working Chance is the UK’s only employment charity exclusively for women who have convictions. They help women to develop the confidence, skills, and self-belief to get into work or education. They partner with over 110 employers across England and Wales to match women with the right opportunities.

Companies recruiting from the community

Do you know of others we could add to this list? Let us know

The following are some well-known ‘friendly’ employers that are known to recruit people with convictions from the community.

Alliance Boots initially recruited 10 people with convictions into warehouse roles but have since recruited people with convictions across all areas of their work. They were one of the founder members of the ‘Ban the Box’ campaign.

Camden Garden Centre offer opportunities to older people, women returning to work, people with convictions, people living with mental health problems, homeless people and those recovering from drug or alcohol addictions.

Compass Group have involvement in food services, healthcare, education and sport and leisure. They offer opportunities for people with convictions and were part of a group of organisations who wrote an open letter to the Financial Times setting out their positive experiences of recruiting individuals with convictions.

Cook Food Ltd cook and sell frozen ready meals. Job opportunities vary from working in their network of shops, working in their kitchens, delivering food or working as part of their central team keeping everything running.

Co-op are a food retailer, insurance provider, funeral services provider and a growing legal services provider. They offer employment opportunities to people with convictions, provide financial education within prisons and help those about to be released from prison set up bank accounts.

Costain Group work within the energy, water and transportation industry. Applicants would usually be expected to meet the entry standard for any specific vacancy. However, Costain work with a number of organisations, including the Princes Trust to ensure that opportunities are open to people who may have difficulty in demonstrating that they meet the standards, including people with convictions.

Enterprise work within the field of car rental and leasing. They have won many recruitment awards, especially around the recruitment of disadvantaged groups and have solid links with organisations such as Business in the Community and Stonewall.

ESH Group launched a major recruitment drive at the end of 2014 as demand for its construction services grew in the North East, Cumbria and Yorkshire with a commitment to recruit anybody (including people with convictions) who were prepared to ‘buckle down and hit the ground running’.

Forward Trust is a social enterprise which offer jobs to people with convictions. They were previously known as RAPt and Blue Sky.

Greggs have been actively recruiting people with convictions since 2010 and take on individuals from both prison and the community.

Home Group provide housing for people with low to medium support needs. They positively encourage applications from people with convictions as a way of demonstrating their commitment to enable people to gain independence and lead a stable life.

Iceland are another retailer who signed an open letter to the Financial Times supporting the recruitment of people with convictions.

Lend Lease employees set up a dedicated not-for-profit company called BeOnsite in 2007. They provide people from excluded groups with industry relevant training and sustained employment within the property industry.

London North Eastern Railway run high speed passenger services between London, Yorkshire, the North East and Scotland.

Mitie Group work in conjunction with Mosaic, a mentoring charity, to provide workshops and training which ultimately lead to work placements and paid employment with Mitie.

Pets At Home are another retailer who signed an open letter to the Financial Times supporting the recruitment of people with convictions.

Poundland have been supported by the Shaw Trust to provide employment opportunities for people with convictions.

Ringway set itself a challenge in 2007 to recruit a more diverse workforce and find young people who wanted to enter the transport infrastructure industry. The recruitment of people with convictions started following a visit to HMP Rochester but now extends to recruitment from the community.

Sainsbury’s state that ‘diversity and inclusion are an integral part of their heritage’ and have for many years had links with the prison service providing opportunities to people in custody and also people with convictions living in the community.

Tesco has a fully inclusive recruitment policy which includes working with the prison service to provide opportunities for people in custody and extends to people living in the community with convictions.

Timpson actively recruit people with convictions, alongside their work in prisons (see below).

“I have been in contact with the Timpson Group with regards to employment. The contact was initially well received and as the Timpson Group actively, overtly, recruit and publicise that they recruit people with criminal records, I did expect this positivity. After a couple of phone calls and several emails, I was asked to disclose my offence and when I did so I received an email back saying that they cannot accept CV’s from people with criminal convictions for sexual offences. I was not allowed in anyway to explain my circumstances or have any face to face discussions at all. I was saddened and I now want others to know that this is their stance so they aren’t surprised by this. It is really sad that a company, that on one level is so open and supportive, take such a singularly blinked view of a whole group and disregard everyone connected to that group without consideration or discussion.”

Trafford Housing Trust has worked in partnership for many years with social enterprise, Clean Start but has more recently outlined its commitment to provide opportunities to people with convictions in the community.

Virgin Group actively encourage the recruitment of people with convictions in the community and those who are still in custody, or working towards release.

Wates Group set up its own independent Community Interest Company, Changing Paths, a scheme helping people with convictions in local communities get back into the workplace.

Companies with links to prisons

There are some employers that have established direct links with prisons. This might first involve offering training or work experience opportunities.

These include:-

Amaryllis Group Holdings works within the facilities management, environmental and manufacturing sector. They provide a programme in prisons offering training in the ‘green’ economy. The programme provides a progression into work opportunities upon release.

Cisco Systems has a programme in place mentoring individuals in HMP Wandsworth and HMP Spring Hill who are studying for the Cisco networking qualification.

DHL Supply Chain work in prisons themselves, allowing prisoners to gain work experience as well as a qualification. Upon release, many gain full time employment with DHL Supply Chain. Note – DHL have a number of business units (including DHL Express) – this reference relates specifically to DHL Supply Chain.

Gelder Group work in partnership with Milton Keynes College to provide construction related training courses in HMP Lincoln. Completing training through the Gelder Training Academy provides genuine opportunities for employment upon release.

Greggs deliver training courses for people with convictions setting them up with a placement in a shop with a view to being offered a full time position at the end of the training period.

Halfords work in partnership with HMP Onley to provide training and employment opportunities for people in custody. Upon release, employees can go onto complete a three year technician programme leading to the Institute of Motor Industry NVQ3 and Diploma.

National Grid operate a Young Offender Programme throughout 22 prisons and provide training and employment upon release. They also act in an agency capacity to meet the recruitment needs of 80 other companies they have links with.

Pret a Manger run an apprenticeship scheme which offers up to 70 places a year to people with convictions and/or the homeless to enable them to access a three month work placement within Pret. Apprenticeships can often lead to a full time job.

Skanska UK offer training placements for people in custody who are in the last 12 months of their sentence. The training leads to certificates in minimum gas industry standards and individuals are guaranteed employment upon successful completion of the training.

Sue Ryder have been offering volunteering placements in their shops and central offices since 2006 to people with convictions. Many of these individuals go on to secure paid work with the charity.

Timpson employs more prison leavers than any other company in the UK. They provide training workshops in prisons which can train up to 35 apprentices at any one time. Successful applicants will often go on to work in a Timpson shop whilst still in custody and would usually expect to be kept on after release. Timpson help other retailers to employ people with convictions.

Criminal records and credit ratings

Introduction

The majority of lenders use credit reference agencies to share factual information with each other about the credit their customers have and how it’s repaid. Agencies combine these records with information from public registers such as the electoral roll and court judgments to produce your credit report. The three credit reference agencies operating in the UK are Experian, Equifax and Callcredit.

Any information collected about you is used to compile a credit report which produces a numerical value referred to as a ‘credit score’. This score is important as it is used by many lenders to decide whether or not you are credit worthy.

Since the credit crunch of 2007, credit reports and scores have increasingly become an important consideration for organisations in and beyond the financial industry. Credit scores not only have implications for mortgages, credit cards and loans but can be used by mobile phone companies that provide contracts, car and home insurers and utility companies.

Getting a copy of your credit report

When requesting a copy of your report, credit reference agencies may ask for supporting evidence of your identity if they cannot verify it from your initial application. This inability to verify may be due to a lack of electoral roll evidence or a lack of credit activity. This supporting evidence could be a copy of a utility bill, driving licence, passport, bank statement etc.

You will be asked to supply your address/es for the past 6 years so that the credit reference agency can show you everything that a creditor is able to see about you when doing a credit check. You don’t have to give the dates when you were resident at those addresses to the credit reference agency and if your credit report does not have one of those addresses listed already, by providing it, you are allowing the credit reference agency to add it to your list of previous addresses.

You don’t HAVE to give a previous address just to get your credit report (unlike when applying for credit, if you’ve lived somewhere less than 3 years). However, if you don’t provide it, then you won’t be sent any information held about you at that address. The credit reference agency merely uses the addresses you supply to retrieve information listed on its database about your credit activity at the address/es you give. If you were not credit active whilst in prison that ‘address’ is irrelevant, so you could apply just with the address you are happy to go on record. However, if there is any financial information at an HMP address, this will not be disclosed on the copy of the report that you receive but may come up in a future application for credit.

It is unlikely that failing to declare an HMP address as a previous address when applying for your credit report would be classed as misrepresentation as it could quite reasonably be argued that:-

You were asking to see information about yourself only at the addresses you provide
There would be no credit history listed about you at a prison address (if you were not credit active)
It is not considered a ‘home’ address

Also, you are not legally obliged to tell a credit reference agency anything: the information it holds is provided by the lenders who share details through its database.

Experian have stated to Unlock that they understand the sensitivities around this issue and, as a result, as long as there is no adverse data at an HMP address, they will happily remove any ‘address links’ between these and your residential addresses. However, to kick start this process, you would first need to get a full credit report to enable them to tidy things up.

Applying for your credit report whilst in prison

Experian are able to provide free credit reports to anybody in prison. Citizens Advice caseworkers and others who work with people in prison on issues surrounding unmanageable debt can obtain application forms to obtain free credit reports for people in prison by emailing appforms@uk.experian.com.

A credit report application form must still include proof of identity. You may be able to use the template contained in PSI 35/2009 (copies available in the prison library) as identification.

Credit score and criminal records

It is impossible to say exactly what effect any information on your credit report will have on a credit application as lending decisions are made by the lenders themselves and not the credit reference agency – although evidence of bankruptcy, County Court Judgments and defaults on loans are not going to help.

Details of criminal convictions are NOT included on a credit report, and therefore, should not directly affect your credit score. However, they can affect you indirectly:-

Closure of a bank account – Banks can close accounts at any time without giving you a reason for doing so. This could be because they become aware of a conviction or because your account becomes inactive for a period of time. The closure of an account may have a negative effect on your credit rating

Prison address – If you had provided a prison address as one that you had been living at, this could flag up to lenders that you have a criminal conviction. We have little evidence to show this happens, but it could technically happen, for example when applying for a mortgage.

Home address – If, as part of your license conditions you have to change address, your credit report could show several different addresses within a short period of time. This may have a negative affect on your credit score as lenders may see this as a sign of instability. In addition to this, not having a fixed land-line telephone number may also have a negative effect on your credit score.

Late payments – If you had debts prior to going to prison, it is important that you make contact with your creditors to inform them of the change in circumstances. Serving a prison sentence may mean that you are unable to meet a payment agreement made with a creditor. Failure to make payments on time will have a negative effect on your credit score, as lenders will see this as a sign of unreliability and poor money management.

Fraud – Information regarding fraud convictions does not have a direct impact on your credit score. However, CIFAS (Credit Industry Fraud Avoidance System) may flag your name up to potential lenders. This information is not used to produce your credit score, but it will be included in a detailed version of your credit report. For further information see here.

Improving/correcting your credit score

Under the Data Protection Act, credit reference agencies must provide you with a “Statutory Credit Report” for a fixed fee of £2. You need to provide your full name, date of birth, current address and previous addresses for the last six years.

The statutory report contains your basic credit file and should be posted to you within seven working days although agencies can ask for further proof of your identity before supplying the information. Each agency will provide more detailed information – including in some cases instant, continuing and online access to your file – for a higher fee.

There are measures that can be exercised in order to make improvements to your credit score. For details see Money Saving Expert. You also have the right to dispute any inaccurate information contained on your credit file. The information collected by credit reference agencies is not always accurate, and as a result of these inaccuracies, your credit score may be negatively impacted. To resolve inaccuracies, you must contact each credit reference agency respectively. For more information visit Experian, Equifax and Callcredit.

Member of Parliament

The rules about becoming an MP are less restrictive to those that apply to standing for election as a local councillor.

Under the Representation of the People Act 1981, you are disqualified from becoming a member of the House of Commons if you have been found guilty of an offence and sentenced to more than one year in prison, and are currently detained as a result of that offence.

Once you are released from prison, you are not prevented from standing for election as an MP.

Technically, you are also able to stand for election while you are in prison, so long as the sentence is one year or less.

Other relevant pages on this site

If you’re looking to stand for election as a local councillor, different rules apply.

Funding Opportunities

This is for information only. We are unable to provide advice on this. For reasons why, click here.

Background

Seeking funding for a particular purpose is one way to try and rebuild your life. There are a number of options available to people with convictions.

There are, in particular, some funders who specifically provide funding for serving prisoners, those who have recently been released, and those who have recently received a criminal conviction.

There are, of course, other mainstream funding options available, which are not specifically aimed at people with convictions.

There are also funders specifically aimed at education and training.

If you are looking to become self-employed or start up your own business, there is other information available too.

Are you in prison and looking for funding?

Speak to your education department regarding educational courses that are available which are supplied by the prison. These are often provided free of charge.
There are some funding organisations who will only give funding to approved course providers. Does your course fit this criteria? They may also require a small contribution from you.
Ask about any contributions to courses available from the governor (Governors loan)
Look at the Prisoner Funder Directory for detailed list of available funders. This is available online, but should also be available through the prison library.

Do you have a criminal conviction and are seeking funding?

Take a look at the Prisoner Funder Directory
Ask in your local library for “The Guide to Grants for Individuals in Need”. This contains charitable trusts and funders, split both geographically and thematically.

Other funding options

Services provided to people in prison, on probation or in the community

Many organisations that provide services to serving prisoners, people on probation or people with convictions in the community sometimes have, as part of the service that they provide, the ability to cover the costs of funding certain things, such as the costs of training courses, equipment for a particular job, the costs of furnishing for a house.

If you are currently receiving help from an organisation, or have found out about details of organisations that help people in your situation, you should enquire as to whether they have the ability to fund as part of their work.

One notable example of the ability to provide funding is through the HMPPS/ESF Co-financing project (details are available here) where regional and local providers are often able to cover the costs of training and undertaking qualifications as they are being funded to help individuals into these kinds of opportunities and covering the costs is one way in which they can do this.

There are charities which offer grants to people in need based on set criteria – the area in which you live, job sector you work in or intend to work in etc. Turn2Us operate a website which holds details of around 3,000 grants. It allows you to search for any that are available based on your personal circumstances.

Mainstream funding routes

In many cases, the fact that you have a criminal record doesn’t open up any new funding opportunities, but nor should you find that it closes other opportunities down. For example, the fact that you have a criminal record shouldn’t prevent you from getting support in accessing training or courses through your local Job Centre.

People often find that when they move on from the criminal justice system, agencies that work with “offenders/ex-offenders” are limited in what help they can offer. However, you will find other opportunities available, not because you have a criminal record, but simply because you are unemployed, or in need of training or basic skills.

Funding for education and training

The Government operate several means of obtaining funding for education or training.

The Student Loans Company offer financial support to anybody studying in higher education to cover the cost of tuition fees and living expenses. The Student Loans Company do not ask you to disclose details of criminal convictions however, UCAS, with your consent, may share details of your application with the Student Loans Company.

24+ Advanced Learning Loans brings ‘student loan style’ financing to college and training courses. The loan only meets the cost of the course fees and would not cover childcare or living expenses. Eligibility depends on:-

The type of course
The college or training provider
Your age
Your nationality or residency status

You will not be asked for details of any criminal cautions or convictions and there are no credit checks required.

The Loan Bursary Fund, which is administered and awarded by individual colleges or institutions provides loans to anybody who has been approved for a 24+ Advanced Learning Loan but requires assistance with expenses. Any eligibility criteria will be set by the individual organisation and will be means tested. You may need to disclose criminal convictions when enrolling for certain courses but, it is unlikely that there will be any need to disclose when making a Bursary Fund application. However, as each college/organisation can set their own criteria you should check both the application form and the small print.

Many colleges offer Discretionary Learner Support Grants to anybody over the age of 19 who faces financial hardship. It is means tested and the amounts available will depend on your personal circumstances. As the application process is different for each college, it is not possible to say with certainty that a criminal record disclosure would not be required. However, is seems unlikely that a college would accept somebody onto a course with a criminal conviction only to deny them finance based on this conviction.

The Government offer financial assistance with travel costs, childcare, equipment or uniform purchase (for specific jobs) from its Flexible Support Fund which can be applied for at Jobcentre Plus offices. Funding does not necessarily need to be in direct relation to education or training, it can be available for difficulties encountered whilst working. The grant is means tested and eligibility will be assessed at an interview conducted at the Jobcentre. The Jobcentre’s Central Enquiry Office have confirmed that disclosure of a criminal record is not part of the general application process but decisions are made on a case by case basis and it would be unlikely that a conviction would negatively affect an application if a disclosure were required.

Professional and Career Development Loans are bank loans that can be used to pay for courses and training that help with your career to getting you into work. Loans offered are between £300 and £10,000 and are offered at a reduced interest rate whilst you are studying. To find out which banks offer loans and request an application pack, contact the National Careers Service on 0800 100 900. You will not be eligible to apply for a Professional and Career Development Loan if you are in prison or a Young Offenders Institution or have been released on temporary licence. If you have been released from prison or a YOI but remain under supervision in the community you would be eligible to apply.

City and Guilds offer a small number of grants to those who wish to study for a City & Guilds qualification. There are only a small number of grants available and City & Guilds will assess applications on a needs basis – therefore a genuine financial barrier to your undertaking a City & Guilds qualification will need to be evidenced. Previous grants have been provided grants for:-

Childcare costs
Course costs
Living expenses whilst undertaking the course
Travel expenses

Generally, City & Guilds do not ask any questions about criminal convictions however, you should bear in mind that if you are applying for funding for a qualification which would require full disclosure of a criminal conviction, then City & Guilds may ask specific details about any cautions or convictions. This may influence their decision on whether to grant funding.

Criminal legal aid / contributions to legal aid

Aim of this information
Why is this important?
Getting free advice at the Police Station
Getting advice in-between the Police Station and going to court
Getting legal representation at the Magistrates Court
Getting legal representation at the Crown Court
Capital Contribution Orders
Discuss this with others
Useful links
More information
Get involved

Aim of this information

The purpose of this information is to set out who might be eligible for legal aid, and also to look at who might be subject to paying for their legal aid costs.

Why is this important?

We believe that everybody should have the right to legal representation before they accept a caution, or when they go to court. However, it’s important to be aware that you may need to contribute towards the cost of your legal aid and this can have consequences long after the conviction.

Getting free advice at the Police Station

If you interviewed by the police under caution, or have been arrested, you are always entitled to free legal advice and representation. You will not incur any costs for this legal representation. In some circumstances, for example where you’re interviewed about a minor offence, that this right will be limited to advice over the telephone.

Getting advice in-between the Police Station and going to court

Often the police will release you from the police station to make further inquiries before a decision is made on whether to proceed with a case against you. You will usually be placed on pre-charge unconditional bail whilst these inquiries take place.

During this time, the legal representation you received in the police station won’t cover any work you want them to do. There are however, other ways that you may be eligible to have publicly funded legal advice and assistance. The availability of this particular type of legal representation depends on your financial position.

Getting legal representation at the Magistrates Court

To get a representation order (what used to be called Legal Aid) an application has to be made to the court. Your legal representation will help you do this. If you didn’t receive any while you were at the police station, you should contact some criminal legal aid providers near to where you live.

The application is subject to two tests.

The first test is called the “interests of justice” test. Essentially, an order will only be granted if the court considers your case “serious enough” for you to need full legal representation.

Generally, if you are charged with a non-imprisonable offence your case will not pass this first test. Such offences include driving document offences, minor Public Order Act offences and being Drunk and Disorderly. However, even if you are charged with one of these types of offence, you may still be able to get representation – you should be guided by the solicitors you’re in touch with about this.

If you are charged with an “indictable only” offence (an offence that can only be heard in the Crown Court) your case will always satisfy this first test.

For those offences that fall in-between these two categories, your solicitor should be able to advise whether or not you’re likely to pass this first test.

The second test is a means test. This is based on your earnings. It’s not possible for us to give the details of this, as it’s quite complex. We suggest you speak with a criminal legal aid solicitors near to where you live and explain your financial situation.

There is no contribution system with Magistrates Court legal aid; you are either financially eligible and you will receive a full representation order or you will not. If you are not eligible for legal aid, then you will have to consider whether you wish to pay privately, or represent yourself. There may also be other local schemes where you can get help with representation.

If your application for legal aid is refused you can appeal the decision. You would also be able to re-apply if your circumstances were to change after an unsuccessful application.

If you are convicted you may be required to pay a contribution to the prosecution costs of the case. This is regardless of whether you received legal aid.

If you appear in the Magistrates Court but are not eligible for a full representation order then you may be able to receive advice and assistance from the Duty Solicitor at court that day. This type of representation is limited to one hearing. However, they’re not able to assist if you are facing non-imprisonable offences.

Getting legal representation at the Crown Court

If your case goes to the Crown Court for Trial you will automatically qualify for legally aid representation once you have completed an application form. After you have been means tested, you may have to pay towards the cost of your defence. This contribution could be from your income whilst the case is ongoing and/or from your capital, if you are convicted.

You will be asked to provide evidence of your income and assets. If you do not your payments could be increased which would result in you paying more towards your defence costs. If you do not tell the truth on your legal aid application you could also be prosecuted.

You will not have to pay towards the costs of your case if you are under 18 when you make your application or if you receive any of the following benefits: income support, income-based jobseekers allowance, guaranteed state pension credit or income related employment and support allowance.

You may have to pay towards the costs if your monthly disposable income is above a certain level. If this is the case, you will receive a Contribution Order from the court and you will have to make payments as required under the order. The first payment will be due within 28 days of your case being committed, sent or transferred to the Crown Court.

You must tell the court about any changes to your financial circumstances during your case because a change may affect the amount you have to pay towards your defence costs. If you do not think you can afford to pay, or you think a mistake has been made, you can ask for a review of the amount that the court has told you to pay. If you do this you will have to provide additional evidence of your financial position.

At the end of the case if you are found not guilty, any payments you have made will be refunded to you with interest. If you paid late or not at all and action was take against you, the cost of this action will be deducted from the refund.

If you are found guilty, you may have to pay towards your defence costs from any capital assests you have. You will be told at the end of your case if you have to make a payment from capital.

Capital Contribution Orders

A Capital Contribution Order (CCO) is an order to make over a lump sum payment to contribute towards the cost of your legal representation fees in criminal proceedings if you are unsuccessful in defending the prosecution.

An Interest Contribution Order is an order to make over some of your income.

CCO’s are recovered by debt collectors often posing as ‘bailiffs’, but the regulations (Regulation 19 of the Criminal Defence (Contribution Orders) Regulations 2009) do not (as yet) provide for levying on goods, breaking into homes or charging you fees. For more information see here.

As part of a Capital Contribution Order the Legal Aid Agency (LAA) can ask you to agree to pay all your legal fees if you are found guilty at court. Fees would have to be paid from any capital you have and your family home will be taken into consideration.

If you don’t have immediate access to monies to pay the legal fees, the LAA could take out a charge on your home. This means that when you come to sell, your debt to the LAA will be paid directly to them from the proceeds of the sale.

A recent Freedom of Information request based on criminal cases since 2013 found:

Discuss this with others

Read and share your experiences on our online forum.

Useful links

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.

Citizens Advice Bureau – The CAB can provide practical information on a wide range of issues including benefit and debt issues

More information

For practical information – More information can be found in our financial issues section
To discuss this issue with others – Read and share your experiences on our online forum
Questions – If you have any questions about this, you can contact our helpline.

Get involved

Help us to add value to this information. You can:

Comment on this page (below)
Send your feedback directly to us
Discuss your views and experiences with others on our online forum

This page was last fully reviewed and updated in March 2017. If you’ve spotted something that needs updating, please let us know by emailing the details to advice@unlock.org.uk

Criminal Behaviour Order (CBO) – or ‘Crimbo’

Criminal Behaviour Orders (CBO’s) were introduced in October 2014. They directly replace the Anti-Social Behaviour Orders (ASBO’s).

Who is it issued by and how can I contact them?

Issued by the court – contact the relevant court.

Does it involve guilt?

Yes – it is issued when a person is convicted of a criminal offence where the individual is involved in persistent anti-social behaviour. The CBO need not have a direct link to the offence an individual appears in court for.

Is it recorded on the Police National Computer (PNC)?

Yes.

Is it classed as a conviction?

Yes. It’s an order on conviction, available following a conviction for any criminal offence in the Crown Court, magistrates’ court or youth court.

It is an offence to breach the terms of a CBO and if found guilty of a breach, this would result in a further conviction. A court could impose a maximum sentence of up to five years imprisonment or a fine, or both for an adult.

What is the duration of a criminal behaviour order?

Adults: Minimum 2 years – no maximum time frame, may be indefinite
Under 18’s: 12 months – 3 years

How long will it be on my record?

It will remain on the PNC indefinitely and can still be mentioned in future criminal proceedings even after it has become spent.

When does it become spent?

At the end of the order.

When do I have to declare it?

Before it is spent you need to declare it, when asked, to employers, insurers and for some other financial checks. After it’s spent, it will still be disclosed on standard or enhanced checks, unless it is eligible for filtering.

Is it disclosed on DBS checks?

Yes, it is disclosed by both the standard and enhanced checks unless it is eligible for filtering. Once it’s spent, it will not be disclosed on a basic check.

Do I have the right to appeal and what is the process?

Orders made by a magistrates’ court can be appealed under section 108 of the Magistrates Courts Act 1990.

Orders made by a Crown Court can be appealed in the Court of Appeal Criminal Division. An appeal is appropriate when an individual seeks to argue that the order should not have been made, or the prohibitions are wrong.

If an individual believes that their circumstances have changed since the issue of the order, then an application could be made to discharge or vary the order.

Other information

A court must be satisfied beyond reasonable doubt that an individual has engaged in behaviour likely to cause harassment, alarm or distress. The evidence given in this regard may be unrelated to the criminal offence for which you are before the court. Evidence may be given by witnesses, or where witnesses are reluctant to come forward by using accepted redacted witness statements or by Local Authority Officers giving heresay evidence.

As a CBO is not a criminal penalty, the court must believe that you will be helped to tackle anti-social behaviour by the order. The CBO may include prohibitions to stop the anti-social behaviour, or may include requirements to address the underlying causes of the behaviour.

Prohibitions may include not drinking in public parks etc where the anti-social behaviour is related to drunken behaviour in such locations. Examples of positive requirements include attendance at Substance Misuse Groups or Anger Management Groups.

Evidence must be provided of the need for the CBO and why it is appropriate. The CBO should not interfere with employment or job prospects, education or family life. It must be proportionate and reasonable and not designed to stop ‘reasonable, trivial or benign behaviour that have not or are likely to cause anti-social behaviour to victims or communities’

A Freedom of Information request made by the BBC showed that there are currently 2,600 active CBO’s. Ministry of Justice figures showed that in 2016, a total of 932 CBO’s were issued following conviction a court, an increase of 35% on the previous year.

Long list of sentences/disposals and how long it takes for them to become spent under the Rehabilitation of Offenders Act 1974

Aim of this page
Why is this important?
A-Z of current sentences/disposals
When does a ‘relevant order’ become spent?
Historic sentences and disposals
Can’t find your sentence/disposal?
Discuss this with others
Useful links
More information

Aim of this page

This page sets out the rehabilitation periods for current sentences and disposals as well as some historic sentences/disposals.

It’s part of our information on the Rehabilitation of Offenders Act.

Why is this important?

When changes were made to the Rehabilitation of Offenders Act in October 2023, the time it took for some sentences and disposals to become spent changed.

It’s important to know if, and when, your conviction becomes spent before you start applying for jobs, purchasing financial products etc so that you only disclose what you are legally required to.

A-Z of current sentences/disposals

Below is a long list of current sentences and disposals, with the length of time they take to become spent (known as the ‘rehabilitation period’).

This list adds to the detailed guide on the Rehabilitation of Offenders Act, which should be read alongside this list. Please also read the notes that are below the table.

Attendance centre order – Spent immediately
Absolute discharge – Spent immediately
Bind over – Length of the order
Care order – Length of the order
*Community order (e.g. ‘probation’) (see note 3 & 11) – Length of the order
Compensation order (see note 4) – When paid in full
Conditional caution / Conditional youth caution – 3 months or when it ends, if earlier (3 months)
Conditional discharge (see note 11) – Length of the order
Confiscation order (see note 11) – Length of the order
Court costs (see note 5) – Doesn’t impact on the time it takes for a conviction to become spent
Criminal behaviour order (see note 11) – Length of the order
Disqualification order (see note 6 & 11) – Length of the order
Endorsement (imposed by a court) – 5 years (2 ½ years)
Extended driving test
Extended Sentences – These are excluded from rehabilitation and never spent.
Financial reporting order (see note 11) – Length of the order
Fine (see note 7) – 1 year (6 months)
Football banning order (see note 11) – Length of the order
Forfeiture order (see note 11) – Length of the order (although see note 11 below)
Hospital order (with or without restrictions) (see note 8 & 11) – Length of the order
*Prison sentence (see note 9)
Less than (or equal to) 12 months – Sentence + 1 year (Sentence + 6 months)
More than 12 months and less than (or equal to) 4 years – Sentence + 4 years (Sentence + 2 years)
More than 4 years – Sentence + 7 years (Sentence + 3 ½ years) **
Referral order (see note 11) – Length of the order
Relevant order (see note 11) – Length of the order
Reparation order (see note 11) – Spent immediately
Restraining order (see note 11) – Length of the order
Serious crime prevention order (see note 11) – Length of the order
Sexual harm prevention order (see note 11) – Length of the order
Sexual notification order – Doesn’t impact on the time it takes for a conviction to become spent
Sexual offence prevention order (see note 11) – Length of the order
Simple caution / youth caution – Spent immediately
*Suspended prison sentence (see note 12) – Same as ‘Prison sentence’ above
Victim surcharge – Doesn’t impact on the time it takes for a conviction to become spent

Notes

In the table, the time starts from the date of conviction (unless indicated with a * – see below) and relate to adults – if it’s different for those under 18, this is detailed in brackets.
Those marked with an * (asterix) do not necessarily start from the date of conviction. Prison sentences, suspended sentences and community orders have a rehabilitation period which is made up of the original sentence, plus an additional fixed period. For these, you normally start from the date the sentence started (which is not always the same as the date of conviction), work to the end of the full sentence, then add the further fixed period.
If the order is subsequently changed, this will not affect the rehabilitation period. A community order or youth rehabilitation order which has no specific end date has a default rehabilitation period of two years from the date of conviction.
These are only regarded as spent once they are paid in full. Unfortunately, there is no record kept on the Police National Computer that compensation orders are paid, and this is what Disclosure & Barring Service (DBS) see when they process basic checks. As a result, it is important that you obtain proof of payment of the compensation order from the court and keep this document to prove it has been paid in full. This may be needed by the DBS when processing a basic check before they would regard it as ‘spent’ and so not disclose it. It should be noted that the DBS will treat a compensation order as being paid in full if (1) it was for an amount of less than £100 or (2) it is over 6 years old. Further information about relevant orders can be found at note 11.
Court costs are not regarded as fines, and do not have their own rehabilitation period. They are given alongside other “disposals”, which attract rehabilitation periods in their own right.
These include being disqualified from being a company director. Motoring disqualifications will normally come with an Endorsement, which is likely to be longer.
Fines become spent regardless of whether they are paid or not. The rehabilitation period for a fine applies even if you are later imprisoned for default of the fine. Fines as a result of fixed penalty notices (FPN) and penalty notices for disorder (PND) are not covered by the Act as they do not form part of your criminal record so they don’t have a rehabilitation period.
These relate to those issued under the Mental Health Act 1983.
The term ‘prison sentence’ includes suspended prison sentences, detention in a young offender institution, detention under s.91 of the Powers of Criminal Courts (Sentencing) Act 2000, detention and training orders, youth custody, corrective training and borstal training. ** Certain offences which result in a prison sentence of over 4 years are excluded from rehabilitation and will never be spent.
This includes imprisonment for life, sentence of preventive detention, sentence of detention during Her Majesty’s pleasure or for life, imprisonment for public protection, detention for public protection, extended sentences of imprisonment or detention for public protection and extended determinate sentences for dangerous offenders.
These are often known as ‘ancillary orders’ (see CPS detailed guidance on ancillary orders and the CPS long list of orders) that are given alongside other sentences. Some orders are aimed at redressing some harm caused by an offender, e.g. compensation orders. Others aim to prevent future re-offending or repeat victimisation, e.g.restraining orders or sexual harm prevention orders. These orders can run for longer than the rehabilitation period of the other sentences issued by the court which means that the conviction can remain unspent for longer than was initially thought. The term ‘relevant order’ is used in Ministry of Justice guidance, and refers to orders such as conditional discharges, bind overs and referral orders. It also includes restraining orders and sexual harm prevention orders (SHPO). See below for more information on when relevant orders become spent. Some ancillary orders (i.e. sexual notification orders) are civil orders which have no impact on the time it takes for a conviction to become spent.
The rehabilitation period is based on the length of the prison sentence that would have been imposed, not the length it was suspended for. The ‘buffer’ period starts from the end of the prison sentence. For example, if you received a 12 month suspended sentence in January 2014 (suspended for 2 years), the buffer period would be 4 years, starting from January 2015. The conviction would become spent in January 2019.

When does a ‘relevant order’ become spent?

As note 11 above references, relevant orders are known as ancillary orders.

While there is no definitive list of relevant orders, in this context we believe it includes most ancillary orders, including compensation orders, criminal behaviour orders, driving disqualifications, forfeiture orders, confiscation orders, football banning orders, company director disqualification orders and sexual harm prevention orders. .

Essentially, a conviction cannot become spent until the order ends. Some orders run for many years longer than the ‘main’ sentence.

If someone received a 4 month prison sentence, this would be spent 1 year after the end of the full sentence. But if they receive a 5 year SHPO, the conviction will not become spent until the 5 year SHPO has ended.

Essentially, where the order remains in force “until further order”, this will remain in place until you return to court to have it varied or ceased, so it will be regarded as unspent indefinitely.

Example – For a Sexual Harm Prevention Order (SHPO) that is deemed to be in place “until further order”, the conviction attached to the SHPO cannot become spent until the case goes back to court and the SHPO amended accordingly.

It’s also important to note that while a sexual harm prevention order (SHPO) is a relevant order, being subject to sex offender notification requirements (i.e. being on the sex offenders register) is not treated as a relevant order and has no impact on when the conviction becomes spent.

Relevant orders only relate to the conviction that they’re linked to, they don’t ‘drag through’ other convictions.

Example – Marcus was convicted of assault on 1 August 2009 when he was 26 and received a 3 month suspended sentence. This would become spent on 1 November 2010.

On 10 June 2010, he was convicted of battery and sentenced to:

a 6 month custodial sentence
a restraining order until further notice
a fine for £50

The 2010 conviction would remain unspent until further notice, due to the restraining order. His earlier conviction in 2009 would have it’s rehabilitation period extended until 10 December 2012 due to the custodial sentence Marcus received in 2011. However, the rehabilitation period would not be affected by the restraining order.

Where the order has an immediate effect or has a specific lifespan that hasn’t been quantified, the order becomes spent 2 years from when it was given.

For example, a forfeiture order would become spent 2 years from when it was given.

Note – a “community order with an unpaid work requirement only” also fits into the 2 year category above, but these cases are very rare and do not happen now. If you think this applies to you, we would recommend that you check with Probation and/or get a copy of your police record.

Historic sentences and disposals

The list below is of sentences/disposals that have been replaced in some way with those mentioned above. If you have received one of these in the past, you may need to use the list above to work out if/when they are spent.

Anti-social behaviour order – Refer to ‘Relevant order’ above
Action plan order – Refer to ‘Youth Rehabilitation order’ above
Approved school order – Refer to ‘Community order / Youth rehabilitation order’ above
Borstal training sentence – Refer to ‘Prison sentence’ above
Combination order – Refer to ‘Community order / Youth rehabilitation order’ above
Community punishment order – Refer to ‘Community order / Youth rehabilitation’ order above
Community punishment and rehabilitation order – Refer to ‘Community order / Youth rehabilitation order’ above
Community service order – Refer to ‘Community order / Youth rehabilitation order’ above
Curfew order – Refer to ‘Community order / Youth rehabilitation order’ above
Detention and training order – Refer to ‘Prison sentence’ above
Disqualification from working with children (under the Criminal Justice and Court Services Act 2000) – Does not affect the rehabilitation period associated with the conviction (see section 38 of the Act)
Drug treatment and testing order – Refer to ‘Community order / Youth rehabilitation order’ above
Final warning – Refer to ‘Youth caution’ above
Probation order – Refer to ‘Community order’ above
Reception order – Refer to ‘Relevant order’ above
Reprimand – Refer to ‘Youth caution’ above
Secure training order – Refer to ‘Prison sentence’ above
Supervision order – Refer to ‘Youth rehabilitation order’ above
Youth custody order – Refer to ‘Prison sentence’ above

Can’t find your sentence/disposal?

If a sentence/disposal is not explicitly covered in the above tables, it is likely not to have a rehabilitation period and so will become spent immediately (unless it is attached to another sentence/disposal which does have a rehabilitation period). This follows the guidance that is given in the Ministry of Justice guidance.

However, there are some old sentences/orders that are not directly covered in the MoJ guidance, but it doesn’t mean they have no rehabilitation period, because they’re now treated as other orders. This applies where the order is given at the point of conviction. Some of these are listed in the tables above.

If you can’t find your sentence or disposal listed above, and you want to know when it would become spent, please contact us.

If you’ve spotted a sentence or disposal that’s missing from either of the lists above, please let us know.

Discuss this with others

Read and share your experiences on our online forum.

Key sections include:

Finding out when your convictions become spent

Useful links

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone number) of some of the organisations listed below can be found here.

More information

For practical information – More information on the Rehabilitation of Offenders Act and Applying to a court to end a court date
To discuss this with others – Read and share your experiences on our online forum
Questions – If you have any questions about this, you can contact our helpline.

Motoring convictions and the Rehabilitation of Offenders Act

Help us – As part of our policy work we’re working on stopping the sharing of spent motoring convictions by the DVLA

Why is this important?

The Rehabilitation of Offenders Act applies to a number of areas of life, but particularly employment and insurance.

Motoring convictions are treated slightly strangely under the ROA, when compared with other types of offences.

Motoring endorsements

Sadly, the way that endorsements are treated under the Rehabilitation of Offenders Act has not been changed by the 2014 changes. This was in large part because of resistance by the insurance industry. Unfortunately, the knock-on effect of this is that it means that they also remain unspent for other purposes, such as when applying for employment. This is an area that we are actively working on, and are keen to gather evidence of where this is having a disproportionate impact for people.

The result is that an endorsement imposed by a court for a road traffic offence is treated as a sentence under the ROA and becomes spent after 5 years (or two and half years where you are under 18).

Every endorsement has a minimum 5 year rehabilitation period. This is even the case for endorsements that only remain on your driving licence for 4 years. The length of the endorsement is irrelevant. Endorsements that remain on a licence for 11 years do not stop the conviction relating to the offence from becoming spent earlier, subject to the other elements of the sentence.

This also applies to endorsements issued by way of Fixed Penalty Notice for a road traffic offence listed in Schedule 2 to the Road Traffic Offenders Act 1988 (see below for more information).

There remains a lot of confusion about the way that motoring convictions are being dealt with under the ROA, particularly given the way that motoring offences are recorded (or not) on the Police National Computer, and what this means in practice for individuals in terms of applying for employment and insurance. We are working on some specific guidance on this, so if you have any information or experiences that you think would help with this guidance, please send them to policy@unlock.org.uk.

Penalty points

Penalty points imposed by a court become spent when they cease to have effect. Under road traffic legislation, penalty points may be taken into account for ‘totting up’ purposes for three years, hence they have a three year rehabilitation period.

However, it is our understanding that penalty points are only ever issued alongside an endorsement, and so the 5 year period for the endorsement will normally be more relevant.

Driving disqualifications

The rehabilitation period for a driving disqualification is the length of the disqualification. If you are disqualified from driving and at the same time receive another penalty, the longer of the two rehabilitation periods applies.

Driving disqualifications will normally come with an endorsement, so the 5 year period for the endorsement will be applied, unless the period of the disqualification was longer than 5 years, in which case that period will be used to determine the spent date.

If you are banned from driving for seven years and also fined and receive an endorsement on your licence, although the fine becomes spent after 1 year, and the endorsement is spent after 5 years, the rehabilitation period for the conviction would be 7 years.

Motoring fines

A fine on its own under the ROA is 1 year, but for motoring offences dealt with by way of a court imposed conviction, it will normally come along with an endorsement, which has a 5 year rehabilitation period.

Multiple motoring disposals

Where the court imposes more than one sentence or penalty for the offence then the longest rehabilitation period determines when the conviction may become spent.

If you go to court and get convicted with a sentence of a fine, an endorsement, penalty points and a 1 year driving disqualification, the conviction will become spent after 5 years because the endorsement carries the longest period.

Fixed penalty notices for road traffic offences

A Fixed Penalty Notice (FPN) can be used to deal with minor road traffic offences, but it is not a criminal conviction or a caution.

However, if you are given an FPN for a road traffic offence in Schedule 2 to the Road Traffic Offenders Act 1988, and your licence is endorsed, then (in line with s. 58 of that Act) the endorsement is treated as having been given by a court following conviction of the offence and is subject to a 5 year rehabilitation period, from the date the FPN was issued.

A full list of the offences covered by this are available here. Examples include:

Exceeding the speed limit
Failing to provide a specimen of breath for a breath test
Failing to stop motor vehicle when required by constable
Refusing to give, or giving false, name and address in cases of reckless, careless or inconsiderate driving or cycling

Where section 58 of the Road Traffic Offenders Act does not apply, an FPN is not a conviction. FPN’s do not appear on basic disclosure certificates.

Differences between endorsable and non-endorsable offences

Regardless of whether an offence was dealt with by FPN or whether it went to court, it is important to know whether the offence was an ‘endorseable’ or ‘non-endorsable’ offence, as this will determine whether your licence was endorsed and therefore whether the offence is subject to the 5 year rehabilitation period for endorsements.

We are planning to produce specific guidance on this shortly. In the meantime, the easiest way to find out if you received an endorsement on your licence is by checking with the DVLA. You can contact the DVLA by calling 0300 790 6801 or writing to Drivers Customer Services, Correspondence Team, DVLA, Swansea, SA6 7JL.

Differences between spent periods and licence periods

The length of time that motoring offences stay on your licence is governed by road traffic legislation. This is entirely separate to the time it takes for it to become spent under the ROA. It is perfectly possible for a motoring conviction to become spent under the ROA, but still be on your licence.

If you are fined for drink-driving and have your licence endorsed and receive 3 penalty points, the rehabilitation period would be five years (because of the endorsement), although it will stay on your driving licence for 11 years.

There remains some confusion around motoring offences, the ways in which they link with your criminal record, and the reasons for the DVLA retaining data once it is spent under the ROA. For further information about DVLA records see here..

FAQ’s on ROA and Basic DBS disclosures

This page sits within our information section on the Rehabilitation of Offenders Act. This is a specific page with FAQ’s covering specific situations and when convictions become spent and/or disclosed on basic DBS disclosures.

It depends on the disposal/sentence.

Sentences with a buffer period (i.e. prison sentences, suspended sentences and community orders) are made up of the original sentence, plus an additional fixed period. For these, you normally start from the date the sentence started.

For sentences with no buffer period (i.e. a fine) the rehabilitation period is either the length of the order, or a fixed period starting from the date of conviction.

No. The buffer period starts from the end of the full sentence. This includes time spent on licence. For example, if you were sentenced to 12 months in June 2013, and we’re released in December 2013, the buffer period wouldn’t start until June 2014, which is the end of the full 12 month sentence.

The buffer period starts on the sentence end date of the custodial sentence, which takes into account any time spent on remand. For example, if you were held on remand in May 2013 for one month, and then sentenced in June 2013 and given a 6 month sentence with remand having been taken into account, the end of the full sentence would be November 2013, which is when the buffer period would apply from.

Extended sentences for public protection are not covered by the Act, and so they cannot become spent.

If you get a further conviction while an earlier one is unspent, neither of them will become spent until the longest of them does. This is covered in more detail in our detailed guide.

No. The earlier sentence of more than 4 years would drag through any previously unspent convictions, and these would never become spent as a result. However, any further convictions after the one of more than 4 years can become spent on their own. For example, if you were sentenced to 5 years in prison in June 1995, this would never become spent. If you were later given a community order in June 2004, this could become spent on its own.

Suspended prison sentences are treated as prison sentences under the Act. It is the length of sentence that is used, not how long it was suspended for.

The rehabilitation period is governed by the custodial sentence, not the period of suspension or supervision. So, a six month custodial sentence suspended for two years has the same rehabilitation period as that for an immediate custodial sentence of six months. The length of the supervision order, or how long it was suspended was, is irrelevant

The provisions in the Offender Rehabilitation Act 2013 provide for a period of supervision post-sentence. This is to make sure that all individuals sentenced to imprisonment have at least 12 months on supervision on release. Individuals receiving sentences of two years or more will not be subject to post-sentence supervision because they will spend 12 months on licence subject to conditions following automatic release at the half-way point of the sentence.

Under the 2013 Act, where an individual receives a custodial sentence of less than two years, they will serve the second half of the sentence on licence and then there will be a period of post-sentence supervision to make sure that the overall period of supervision in the community is 12 months. For example, under these provisions an individual given a six month sentence may serve three months in prison and three months on licence with a further period of nine months on post-sentence supervision – the period of licence and post-sentence supervision will be 12 months.

However, the extra supervision period is post-sentence and does not affect the rehabilitation period for the conviction. In the example given, the sentence imposed is six months and the rehabilitation period would apply accordingly – the period of the sentence plus two years beyond the end date of the sentence – and the additional nine months of supervision will not be counted.

For example, if somebody was convicted as an adult in June 2014 and given 5 months in prison, the end of their sentence would be November 2014, so the conviction would become spent 2 years later (i.e. November 2016). The fact that the individual might be subject to ‘extended supervision’ into 2015 does not effect the ‘end of the sentence’ under the ROA.

A Community Order should have an end date, i.e. you might be given 180 hours, as part of a 12 month order. It doesn’t become spent quicker if you finish the hours quicker – the fixed period starts from the end of the court order.

Yes. However, non-payment of a fine may result in a further conviction, which will have its own rehabilitation period, and may drag the earlier conviction with it.

When you are applying for your basic DBS disclosure, you need to provide evidence to the Disclosure and Barring Service that the Compensation Order has been paid. You can obtain a letter of confirmation (or a receipt) from the Court when it is paid. If you don’t have this, you should be able to contact the court and ask them to confirm this in writing (and there shouldn’t be a charge for this). You can find further information on this advice post.

No, you only need to provide the evidence once. The Disclosure and Barring Service will keep this on file for all future basic disclosures.

It is unlikely that after 6 years a compensation order would be disclosed on a basic DBS certificate. However, this does not mean that you do not have to repay the compensation order. You are still legally required to repay the order and could be open to further legal action if you failed to do so.

A SOPO falls within the definition in the ROA of an Order that imposes a prohibition. The rehabilitation period for this type of Order ends on the date when the prohibition ceases to have effect. In your case, in five years time.

The conviction will become spent after a year (as an adult) or when the SOPO ends, whichever is longer. This will usually mean that the conviction won’t become spent until the SOPO ends. If you have a SOPO that doesn’t have an end date, you should consider getting legal advice and get it amended – find out more information here.

No. A sexual offender notification requirement is not regarded as a “disqualification, disability, prohibition or other penalty”. This means that the length of time you’re on the Sex Offenders Register is separate to how long it takes for a conviction to become spent. As a result of the reduced rehabilitation periods that came into force in 2014, it is now common for a conviction to become spent, but an individual still be subject to the notification requirements of the Sexual Offences Act 2003.

The order itself isn’t deemed to be a criminal conviction it would only become one if you breached the order. The time it would take to become spent would depend on the sentence/disposal you received.

Technically, the conviction cannot become spent until the order ends. If you have an order that doesn’t have an end date, you should consider getting legal advice and get it amended.

The Act applies where an order is made on conviction, and the order imposes any disqualification, disability, prohibition or other penalty. Only if both of these circumstances are met will the order be subject to the rehabilitation provisions and may appear on a basic DBS disclosure certificate, if it has not yet ended. The Ministry of Justice hasn’t published a list of orders that this applies to, but the ones we have seen it apply to are covered in our detailed guide.

Fixed penalty notices (FPN) and penalty notices for disorder (PND) are on-the-spot fines issued by the police for minor offences. If you receive a FPN or PND and pay this within the specified time limit, all liability for the offence is discharged and the offence does not form part of your criminal record. However, if you fail to pay a FPN or PND on time, you are likely to receive a court summons. If you accept responsibility for the offence, whether in person at court or by post, or are found guilty, you will have a conviction which will (in most cases) form part of a criminal record.

In some cases where a FPN or PND has not been paid on time and has defaulted to court, the offence is not recorded as a conviction on the Police National Computer and remains a locally held record. If you have failed to pay a FPN or PND on time and the matter has defaulted to court, you may wish to access a copy of your criminal record after the court hearing to see how your information has been recorded.

Neither of these are technically classed as convictions, and are not technically covered by the Act, so they don’t become spent as such. Although this means that, if asked, you are not entitled to withhold the details of them, in practice you won’t normally get asked about them. Also, they don’t come back on basic, standard or enhanced DBS criminal record checks. This means that employers don’t have access to them through ordinary employment vetting processes.

However, a Fixed Penalty Notice for an endorseable motoring offence will result in an endorsement on your licence. This will stay on your licence for either 4 or 11 years. It also takes 5 years (as an adult) to become spent. In practice, this means that you will need to disclose it to motor insurers until it becomes spent. You may also need to disclose it to an employer, if you need to provide your employer with your driving licence.

Fixed Penalty Notices are not disclosed on basic DBS disclosures. Details of FPN’s are recorded locally by the Police, but they do not form part of the Police National Computer, which is what is used when basic disclosures are carried out.

Usually, when you receive a driving disqualification in court, you will receive an endorsement to your licence. An endorsement is subject to a five year rehabilitation period (as an adult) and your conviction would therefore be spent at the end of the five years and not at the end of the 18 month disqualification.

Unfortunately not. As part of applying for UK citizenship, there will be a check with the Police and other authorities as part of the character check. You will need to give details of all criminal convictions (this used to be just unspent convictions, but it now applies to all). There is further detailed guidance available here.

FAQ’s on DBS Filtering

This page sits within our information section on criminal record checks for employment. This is a specific page with FAQ’s covering the DBS filtering process.

This includes conditional cautions, as well as their youth equivalents, such as reprimands and final warnings, as well as the recently introduced youth caution.

Where a court imposes a non-conviction bind-over this will not be considered to be a conviction for the purposes of filtering. Technically, these should not be disclosed (unless via ‘other police information’) on standard and enhanced checks.

However, a court may impose a bind-over having found an individual guilty. In such circumstances this would amount to a conviction for the purposes of filtering.

Yes. Absolute discharges are only imposed following a finding of guilt, and therefore are regarded as a conviction for filtering purposes.

Yes. For the purposes of this filtering process, a conditional discharge is regarded as a conviction. A conditional discharge is imposed on conviction for an offence.

A suspended sentence is treated under legislation as a custodial sentence. This means that if you have a conviction which received a suspended prison sentence, it will not be filtered. A Detention and Training Order is also treated as a custodial sentence.

Custodial sentences are defined in section 5(8) of the ROA, as to be substituted by section 139(1) and (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

This order results from a conviction and therefore filtering will or will not apply depending on the offence committed. It is not regarded as a custodial sentence.

Where a person has a non-recordable service offence, for example being absent without leave, this will no longer be subject to disclosure under the Exceptions Order once it has become spent. Thee are no other changes to the treatment of service offences under these provisions, although this is an area that we are looking at to see whether we can provide more guidance on service offences more broadly, as a number of issues have been raised about these.

The filtering rules cover convictions, cautions and their equivalents obtained overseas, where a check is being carried out in England & Wales by the DBS and an equivalent offence can be found.

This is not an easy process, and we’re expecting individuals who have things on their record from overseas to have to check the DBS certificate they receive. It’s not clear how this will work, as it is a complicated process to ‘match’ disposals from overseas.

It relates to the date of conviction or disposal, it does not mean when the offence was committed. So for convictions, it means when you went to court and either pleaded guilty or were found guilty. For cautions, it means when you accepted a caution.

Yes. Multiple cautions (and their youth equivalents) can be eligible for filtering, regardless of the number of convictions received.

The time periods are per caution (or conviction). So, it is possible for one caution (or conviction) to be filtered, but for another caution not to be filtered yet.

Yes. Cautions (and their equivalents) have separate filtering periods. If you later receive a further caution, or a single conviction, these will be dealt with separately under the filtering rules.

Yes. Convictions have separate filtering periods. If you later receive a caution or another conviction, these will be dealt with separately under the filtering rules.

Any conviction for an offence of attempting, conspiring, aiding or abetting, encouraging or assisting, the commission of any specified offence will also not be filtered. For example, an offence of attempted rape will not be filtered.

No. The Rehabilitation of Offenders Act 1974 (ROA) sets out when your convictions become spent. Employers are able to carry out a basic level disclosure to confirm unspent convictions.

The filtering process applies to roles that are exempt from the ROA, which are entitled to carry out standard and enhanced level disclosures. Previously, these have always disclosed all cautions and convictions. The changes will reduce, in some cases, what is disclosed on these level of checks.

No. Nobody should be in a situation where a caution or conviction is now disclosed that wouldn’t have been disclosed immediately before this process came into force. Some people who benefited from previous processes (such as step-down) may find that their caution or conviction isn’t filtered under this process, but this is no different to what it was immediately before the filtering process was brought in.

No. The DBS will filter all information that meets the rules of the process. We understand that much of this process will be automatic, but some cases (such as those involving disposals obtained overseas) will be dealt with on a case by case basis.

No. Filtering does not mean deletion. All ‘filtering’ means is that it is not disclosed on a standard or enhanced level check. The information will still be held on the PNC.

The only way you’ll know for certain is by applying for a standard or enhanced disclosure. Since the 17th June 2013, certificates are now only sent to you (and not your employer).

So, if you’re not sure whether something will be filtered, and are in the process of applying for a position that involves a standard or enhanced check, you may want to wait until you have received the disclosure back from the DBS before disclosing something to an employer that has been filtered.

However, bear in mind that, if you’re fairly confident that parts of your record will not be filtered, you may be better off disclosing those elements that will not be filtered to the employer at the earliest possible opportunity.

This process only applies to standard and enhanced DBS checks.

In relation to basic checks, nothing should be eligible for filtering that isn’t already spent under the Rehabilitation of Offenders Act 1974 (and therefore not disclosed on a basic disclosure anyway).

The filtering process does not apply to other types of disclosures, such as Police Certificates issued by ACPO in support of applications to travel abroad.

The changes made to legislation impact on both what an employer can ask you, and what information they receive from the DBS.

An employer can only ask you to provide details of convictions and cautions that they are legally entitled to know. The filtering process changes what employers are legally entitled to know, and so it should change the questions that employers ask.

Where a standard or enhanced certificate can legally be requested (this is where the position is one that is listed in the Rehabilitation of Offenders Act 1975 (Exceptions) Order 1975), an employer can only ask an individual about convictions and cautions that would fall under the rules described above. That means only those convictions and cautions that would be disclosed on a DBS certificate.

If an employer takes into account a conviction or caution that would not have been disclosed they are acting unlawfully under the Rehabilitation of Offenders Act 1974.

There are a small number of defined positions where details of all convictions and cautions may be taken into account. These positions do not go through the DBS process. Examples include police vetting and firearms licence applications.

As a result of this filtering process, the DBS has amended the question on their application form – question e55. This means that you only have to “tick” if you have any cautions or convictions that would not be filtered.

Yes, potentially. However, so far we’ve not seen any examples of this, but it is possible. A chief officer may include details relating to an otherwise filtered conviction, caution, warning or reprimand on an enhanced disclosure if they consider, having regard to all the circumstances, that the filtered disposal is relevant and that it ought to be disclosed. It is unclear, at this stage, how filtered disposals will be dealt with by local police forces when deciding whether to disclose information as relevant police intelligence.

A filtered disposal may also continue to be considered by the DBS for the purposes of making a barring decision.

There is no such ability to add a filtered disposal back into a standard disclosure certificate.

Standard and enhanced DBS certificates will include details of convictions and cautions (including youth cautions, reprimands and warnings) recorded on the Police National Computer (PNC).

In addition to information from the PNC, an Enhanced certificate may also include information taken from police records that a chief officer of a police force considers relevant to the application and/or details of whether an individual is included on one or both of the two lists barring people from working with children and/or vulnerable adults.

Some PNC information will now be filtered and will not appear on the certificate. Cautions and convictions filtered out are set out in legislation.

No. Guidance on eligibility can be found on the DBS website.

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