The Disclosure and Barring Service (DBS) started carrying out basic criminal record checks in early 2018. We have a dedicated landing page about basic DBS checks.
There are two ways of getting a basic check from the DBS:
Option 1 – Applicants can apply directly to the DBS using their online self-service channel.
Option 2 – Applicants can apply via their employer or other registered organisation.
This guidance is a step-by-step process if you’re applying for a basic DBS check using option 1. It has been produced following an application made by a member of the Unlock team (referred to here as “our test application”).
Verifying your identity
The DBS use GOV.UK Verify as a secure way to prove who you are online. The site states that it will take between 5 and 15 minutes to verify your identity, although in our test application it took longer than that. If you know that you’ll need to apply for a basic DBS check, it may be worth verifying your identity in advance.
To verify your identity for a basic DBS check you’ll need:
All your addresses for the last 5 years and the dates you lived there
Your National Insurance number
A debit or credit card
Proof of your identity, for example a passport, valid driving licence or birth certificate.
Based on your age, where you’ve been living in the last 12 months and the type of ID that you have available, you’ll be given a choice of companies who will be able to verify your identity (you don’t have to be an existing customer with these companies).
Royal Mail
Experian
Barclays
Citizen Safe
Post Office
Digidentity
Secure Identity
Important: Keep a note of the company you’ve selected together with the email and password you’ve used to register. You’ll need these if you want to apply for further checks in the future.
Once your identity has been verified you’ll receive an email confirmation from the company you’ve chosen.
The DBS online application form
The online form will take approximately 15 minutes to complete. Amongst the questions asked you’ll need to give:
Details of your previous addresses over the last five years and the dates you lived there
Your full name and any other names that you have been known by.
You will not be asked to provide any details about your criminal record.
Once you’ve completed all the questions, you can chose where you would like the certificate to be sent. This can be either your home address or ‘another address’ which could be your employer.
Make sure you’re clear about where you want your certificate to be sent. If you have a criminal record and you’re not sure whether it’s spent or not, you should consider putting your address down so that it comes to you first.
Even if you’re pretty confident that your criminal record is spent, we’d still advise that you request the check is sent to you, so that you can be confident that it’s blank before passing it onto your employer.
In our test application, we put the details of the employer (in this case, Unlock) as we understood, because we knew the person who was asking for the basic check had an unspent criminal record, that permission to send to a third party would be revoked. However, the check was still sent to the third party. We have raised this with the DBS.
At the end of the application process the DBS state that an email will be sent to you with your application reference number.
Although it’s stated that the email may take up to three days, in our test application we received one within a couple of hours of completing the online form.
Tracking your application
It’s possible to track your application using your application reference number, date of birth and your surname.
You won’t be able to find out what’s on the certificate, just the status of it.
We do have some concerns that with just the above information, employers could check the status of your certificate. Although they wouldn’t be able to see any information relating to your criminal record, if you needed to raise a query with the DBS regarding the content of your certificate, your employer could question why you’ve not handed it over if they know that the certificate has been issued.
Once the certificate is ready
As soon as your certificate is ready, you’ll receive a letter from the DBS stating that a paper version will be posted to you separately. They will also include an authorisation code for you to use to view your certificate online. The certificate will be available to view online for approximately 28 days.
To view your certificate online you will need to create an online account by visiting www.gov.uk/dbs. Once you’ve created your online account you can use the authorisation code to link to your DBS profile.
When we were working through the process, we tried setting up our online account immediately after completing the online application form which we found to be quite problematic. It may have been because at that stage, we didn’t have the authorisation code to link to our profile. We’d therefore advise that you wait until you receive the letter from the DBS with your authorisation code before trying to set up your online account.
Sharing your certificate with your employer
The majority of employers will want to see the paper version of your certificate. However, once you’ve set up your online account it’s possible to give consent to your employer to view it online by going to the ‘manage consent’ page.
If your employer doesn’t already have a DBS account, the DBS will generate a one-off code which will allow them to view the certificate online.
The online certificate can’t be copied but it can be printed as a PDF.
The paper version of the basic check
If you have elected to receive a paper copy of your certificate this will usually be sent to you within 14 days of your application.
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.
Disclosure and Barring Service – Government body established under the Protection of Freedoms Act 2012 and merges functions previously carried out by the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA).
There is a lot of misleading information around travelling to the USA with a criminal record. It’s important to note that having a criminal record does not automatically bar you from travelling to the USA.
Anybody travelling to the US for less than 90 days will be able to travel under the Visa Waiver Programme (VWP). However, if you’ve been arrested or convicted of certain offences, you are ineligible to travel under the VWP and will need to apply to the US Embassy for a visa.
The process of applying for a visa to the US can be a long (and expensive) one. However, we regularly receive reports of people being successful in their applications, so if you are serious about travelling to the US, you shouldn’t be put off by the process.
People with convictions also travel to the US on a daily basis, choosing to lie on the ESTA form (i.e. declaring that they’ve never been arrested or convicted) instead of applying for a visa, and are generally able to travel with no difficulties. However, our experience suggests that this option is only really suitable for people who are willing to take the risk, as it is technically a criminal offence, and for most people choosing to go to the US for a leisurely holiday, it is not normally a risk they wish to take.
Travelling under the Visa Waiver Programme
You can travel under the VWP if you have received an authorisation to travel through the Electronic System for Travel Authorisation. The ESTA process asks questions regarding criminal convictions. If you answer ‘yes’ to the questions that are asked, you will be told that you are not eligible to travel under the VWP and will instead have to apply for a visa.
The process of applying for a visa can be quite long and expensive. You will need to complete an online application form, obtain official confirmation of your criminal record and attand an interview at the US Embassy.
Here you’ll find some specific questions that we regularly get about travelling abroad and the answers we generally provide. More detailed FAQ’s may be included in the information pages above.
Moral turpitude is a legal concept in the US that refers to conduct that is considered contrary to community standards of justice, honesty or good morals. More information can be found here.
A minimum of 12 weeks and anything up to 6 months or longer. It’s recommended that you’re in receipt of your visa before booking your trip to the US. See our applying for a visa section.
Many people with convictions travel to the US every year from the UK, they do not disclose their convictions and they travel without any issues. However, to do this, you will need to lie as part of the ESTA application process and by doing this you are potentially committing a criminal offence under US law. We are not aware of anybody that has been prosecuted for this, but we are aware of instances where individuals have been questioned by officials and sent back to the UK on the next flight (at their own cost).
If your visit is for business, this could have implications on your future employment. Not knowing what would happen if you were questioned can be extremely worrying. For those who are travelling for a holiday, the anxiety could ruin your trip. If you think that it is better to lie on the ESTA, you will need to be prepared to continue the lie if you are questioned face to face by an Immigration Officer in the US. This can be quite a frightening experience.
We get mixed reports from people about their experiences of the US visa process. It’s undoubtedly quite a time-consuming process, and can feel quite intrusive. There are also no clear guidelines available to the public on how the US Embassy will make their decisions, so it’s hard to know whether you will be successful until you actually apply.
From our experience, much will depend on the consular officer that deals with your case, and how you present yourself at the interview. Ultimately, if you decide that you need to apply for a visa, you’ve got nothing to lose by applying. We certainly hear of many people who have been successful in getting a visa and these include a range of convictions and disposals.
If the consular officer denies you a visa and does not recommend a waiver of ineligibility, you may apply again if there is new evidence to overcome the basis for the refusal. In the absence of any new evidence, consular officers are not obliged to re-examine your case.
If you feel that you’ve omitted evidence material to the visa decision, you will need to reapply for a visa and appear at the embassy in person. See our will I get a visa section.
Useful links
Here you’ll find links to useful organisations and websites related to travel to the US that we refer to in our information and advice.
ACPO Criminal Records Office – Prepares and issues police certificates for anybody applying for a visa to travel to the US
US Embassy – Responsible for issuing visas for travel into the US and the Visa Waiver Program
Read personal stories
The personal stories below are from people with convictions writing about their experiences of living as a law abiding person with a criminal record.
Irrespective of the conviction that you receive for your driving offence (for example a driving ban, a fine or a prison sentence etc) it’s likely that your driving licence will also be endorsed.
Endorsements for road traffic offences take 5 years to become spent under the Rehabilitation of Offenders Act 1974) (2.5 years if you’re under 18 at the time).
Here you’ll find links to various parts of this site where we have information and useful resources relating to motoring offences
I’ve got motoring convictions – what do I need to know?
It’s important to know that motoring convictions often result in an endorsement on your licence. The changes to the Rehabilitation of Offenders Act in 2014 did not affect motoring endorsements, which still take five years to become spent. For more information:
I recently received a Fixed Penalty Notice (FPN) for speeding. Will this show up on a basic criminal record check?
It’s unlikely. Technically, a FPN for speeding is an offence under Schedule 2 of the Road Traffic Offenders Act 1988 and, in line with section 58 of that Act, the endorsement will be treated as having been given in court and is subject to the 5 year rehabilitation period. However, FPN’s are rarely recorded on the Police National Computer as part of ‘convictions and cautions’, which is what is used to determine what is disclosed on a basic check. For more information:
Once my motoring conviction is spent, will it be removed from my driving licence?
Not necessarily. The length of time that motoring offences stay on your licence is governed by road traffic legislation which is entirely separate to the time it takes for it to be spent under the Rehabilitation of Offenders Act. For more information:
I’ve just received a motoring conviction, where can I get motor insurance?
Mainstream insurers will ask about motoring convictions for motor insurance. That means that until your conviction becomes spent, you may need to use the services of an insurance broker. For more information:
Here you’ll find some of the common advice we give on motoring offences. This is based on what we’ve learnt as a charity, as well as the real-life experiences of people with convictions.
Be clear about when your conviction will become spent. If you receive an endorsement to your licence, you may find that your conviction will take longer to become spent than you might think.
Our list of brokers are generally able to help people with motoring convictions to get motor insurance.
Frequently asked questions
Here you’ll find some questions that we regularly get about motoring offences and the answers we generally provide. More detailed FAQ’s are included in the information pages above.
It’s likely that your DR10 would have resulted in an endorsement on your licence. This means your conviction would be spent in November 2015 as the endorsement has the longest rehabilitation period. You can check this on our disclosure calculator.
Useful links
Here you’ll find links to useful organisations and websites related to motoring offences that we refer to in our information and advice. Contact details can be found here.
DVLA – The government agency responsible for maintaining a database of drivers in Great Britain and a database of vehicles in the UK.
Discuss this with others
Read and share your experiences of this on our online forum.
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There are many misconceptions about sexual offence convictions and how they work in terms of disclosing to employers. It’s important therefore be to clear about:
When your conviction becomes spent under the Rehabilitation of Offenders Act and what you’re legally required to disclose to employers, insurers etc.
The impact that any civil order (for example a Sexual Harm Prevention Order) will have on the rehabilitation period of your caution or conviction.
Wherever possible, try to develop a good working relationship with your probation officer or supervising police officer. They are likely to be less intrusive or restrictive if you are open and upfront with them.
What is the definition of a sexual offence?
One of the biggest misconceptions relates to the definition of a sexual offence. Sexual offences cover a wide range of illegal behaviour, including rape and sexual assault, child sexual abuse, prostitution and some forms of pornography:
Sexual assault involves touching a person sexually without their consent, or coercing them to engage in sexual behaviour against their will.
Child sexual abuse involves forcing or inciting a person under the age of 18 to take part in sexual activity. This can involve physical contact, including non-penetrative acts such as kissing and touching outside of clothing. It can also involve non-contact activities, such as encouraging children to look at sexual images, or grooming a child in preparation for abuse.
It is an offence to take, make, possess or distribute indecent images of children. Images can include photographs or video footage, but also drawings, tracings and digitally created images.
It is illegal for children under the age of 18 to create or share sexual images of themselves, and for other children to have in their possession an explicit image of a child. Therefore, two 17 year olds in a relationship can be committing a crime by sharing explicit photographs of themselves with each other.
There are numerous offences related to prostitution. It is illegal to persistently solicit in public or offer to pay for sexual services; manage a brothel; or incite another person to become a prostitute for gain.
Pornographic images that are deemed to be obscene, for example due to including extreme violence, are illegal. It is an offence to disclose private sexual images of another person without their consent (so called ‘revenge porn’).
Further examples of sexual offences and how the Crown Prosecution Service deal with them can be found here.
Have you been convicted of a sexual offence?
If you have been convicted of a sexual offence and worried about how this will affect you and your family, you’ll find general information at:
If you’ve been convicted of a sexual offence, various factors will have been taken into consideration when determining the sentence or disposal you received. It’s important to be aware however that in addition to a prison sentence or community order, the court may choose to issue you with an additional order relating specifically to sexual offences, for example a Sexual Harm Prevention Order (SHPO). These preventative orders (often referred to as a ‘relevant order’) enable the court to impose prohibitions on those convicted of an offence listed in Schedule 3 or 5 of the Sexual Offences Act 2003.
The time you spend on the register will be determined by the sentence or disposal you receive. If you receive a prison sentence of 30 months or more, you will be on the register indefinitely although you can ask for this to be reviewed after 15 years have elapsed.
If you have been convicted of a sexual offence overseas, you could still be made subject to the notification requirements if you return to live in England or Wales. You can find further information at:
Since 2001 people on the SOR have been subject to management through the Multi-Agency Public Protection Arrangements, commonly referred to as ‘MAPPA’.
Children’s and adults barred list
If you have previously worked in ‘regulated activity’ and have been cautioned or convicted for a relevant offence, the DBS may consider adding you to the children and/or adult barred list. If you are on a barred list you will be breaking the law if you apply for or work in regulated activity with a group that you are barred from working or volunteering with.
Being on the SOR means that you will have to notify the police of all foreign travel.
Once you have informed the police, your travel arrangements will be risk assessed and any appropriate action taken – this may include sharing the information with other agencies and countries. Where the police believe ‘a person to be a possible threat to public safety’, they may decide to issue a Green Notice through the Interpol Criminal Information System.
If a Green Notice has been issued then customs/immigration will be aware of it when your passport is scanned. Immigration will then decide whether to admit you or deny you entry.
Being convicted of a sexual offence can impact on other family members, especially if they work with or have children of their own.
If your partner’s occupation involves working with children and/or vulnerable adults then the police may feel it necessary to inform their employers of your convictions and it may be disclosed on their enhanced DBS certificate.
If you have children of your own then depending on the offence you were convicted of, there is a chance that there will be some involvement with children’s services, even if the offence was nothing to do with your own child.
No, you can apply to the police force in your local area to vary the registration time under the Sexual Offences Act 2003 (Remedial) Order 2012. They would take a number of factors into consideration in determining a response to your request. See our sex offence notification requirements section.
If you’re travelling abroad, the police may put a notification ‘flag’ on your passport. This can sometimes cause problems if you are using the automated passport control gates at the airport. The gates won’t let you through and an immigration officer will come to speak to you. Some people might find this embarrassing. Therefore, whenever possible, it’s advisable to use a manned gate.
Under the Rehabilitation of Offenders Act, the rehabilitation period is based on the sentence or out of court disposal handed down to you, not the offence that you have been convicted of.
In certain situations, it may be possible to go back to court to get it amended. More details are available here.
The time spent on the SOR would be determined by the custodial element of your sentence, not the suspended part. Therefore, in this case, the time spent on the SOR would be 7 years.
If you’re subject to an extended sentence, the notification period is calculated using the whole term of the sentence. For instance, if you were sentenced to 4 months plus a four month extended supervision period, the whole term would be eight months. The notification period would be 10 years. So in this example, if the total period was over 30 months, you will be on the register for life (but can appeal to come off in the future)
Technically it’s not him that is doing it. One of Facebook’s terms and conditions is “You will not use Facebook if you are a convicted sex offender”.
Notification requirements came into force on 1 September 1997 in the Sex Offenders Act 1997. The Sexual Offences Act 2003 repealed the 1997 Act and made considerable changes to the notification requirements.
The Sexual Offences Act 2003 also reformed and clarified the majority of sexual offences, and those offences/sentences that would mean an individual is placed on the register are listed in Schedule 3 of the Act. The notification requirements apply to anyone convicted or cautioned from 1997 onwards for a Schedule 3 offence and also includes offences committed before that date.
Useful links
Here you’ll find links to useful organisations and websites related to sexual offences that we refer to in our information and advice. Contact details for the organisations listed below can be found here.
Circles UK– A national organisation working to reduce sex offending
Lucy Faithfull Foundation– A child protection charity working with people who have convictions for sexual offences
Family Rights Group– A charity working with parents in England and Wales who have children in need, at risk or are in the care system. They also advise family members and friends of their rights and options
Ministry of Justice – A Government body who have responsibility for the Rehabilitation of Offenders Act
Police.UK – Provides a list of police forces in the UK
Read personal stories
The personal stories below are from people with convictions writing about their experiences of living as a law abiding person with a criminal record.
Here you’ll find links to various parts of this site where we have information and useful resources relating to courts.
I’m due to go to court – how should I prepare?
We’re limited in how we can advise people who are due to go to court, as our focus is on the impact of criminal records (once received). Useful links include:
If you received a conviction in court, we’d advise that you make use of this site to find out more about the areas of your life that may be impacted as a result. Useful links include:
If you have a criminal record it may mean that you’re not allowed to serve on a jury. Not all convictions count but periods of imprisonment, a suspended sentence or community order can exclude you. A useful link is:
Here you’ll find some of the common advice we give on courts. This is based on what we’ve learnt as a charity, and the real-life experiences of people with convictions.
If you’ve been to court to be convicted, think about whether you will ever need an official record of what happened. For example, you might be wanting to (re)enter a profession, where you might need to provide transcripts of the sentencing. If this applies to you, you might want to get copies of court transcripts, before they’re destroyed.
Useful links
Here you’ll find links to useful organisations and websites related to courts that we refer to in our information and advice. Contact details for the organisation listed below can be found here.
Here you’ll find links to various parts of this site where we have information and useful resources relating to leaving prison.
I’m looking for some information specifically about prison issues?
Our work as a charity is generally focused on the issues that people face after release from prison, or just generally because of their criminal record. However, we have a few useful sections of information relating to prison:
I’m worried that I’m going to be sentenced to time in prison. Can you give me some information about dealing with the day to day issues in prison?
Our work focuses on the issues faced by people once they are released from prison, rather than those just going into custody. You may find further information in the ‘Useful Links’ section of this page.
I’m worried about how I’ll go about claiming benefits when I leave prison. Can you help at all?
The GOV.uk site has some specific guides for people leaving prison who need to make a claim for Universal Credit.
Here you’ll find some of the common advice we give on prison. This is based on what we’ve learnt as a charity, as well as the real-life experiences of people with convictions.
Our work as a charity is generally focused on the issues that people face after release from prison, or just generally because of their criminal record.
There are a number of organisations that are focused specifically on prison issues – they will be better placed to deal with specific issues relating to prison. Their details can be found at the bottom of this page.
Frequently asked questions
Here you’ll find some specific questions that we regularly get about prison and the answers we generally provide. More detailed FAQ’s may be included in the information pages above.
Unless you’ve received a prison sentence of over 2 years, you should be able to remain on the list of the GP that you were registered with prior to going into prison. However, if it’s been necessary for you to receive any healthcare whilst in custody then your medical records will have been sent to the prison and you will probably have been removed from your GP’s list.
We are aware of people who have found it difficult to register with a new GP upon release; often because they’re out of the practice area. The latest General Medical Services Contract however states that vulnerable individuals should be allowed to register with a practice prior to release. Your prison healthcare department should contact your preferred practice to arrange this.
If you can’t register with a practice prior to release and you’re refused registration by a GP practice, then you should ask the practice to put in writing to you the reason for their refusal. You will then be able to contact your local Primary Care Trust who have a duty to provide you with access to a local GP practice.
Useful links
Here you’ll find links to useful organisations and websites related to prison that we refer to in our information and advice.
Advice
A national charity working for less crime, safer communities and fewer people in prison. Run a Helpline offering advice on a range of issues affecting young people in custody
They are an independent legal charity providing information and representation to prisoners on their rights as prisons. They cover England and Wales. They do not deal with miscarriages of justice or appeals against conviction/sentence.
PRT run an advice and information service which provides free information about prison life, rules and regulations and prisoner’s rights. They also give advice and assistance (they are unable to give legal advice).
The Prisons and Probation Ombudsman (PPO) carries out independent investigations into deaths and complaints in custody.
Website: www.ppo.gov.uk
Telephone: 020 7633 4100 or lo-call 0845 010 7938
Email: mail@ppo.gsi.gov.uk
Address: Prisons and Probation Ombudsman, PO Box 70769, London, SE1P 4XY
Education
Provides access to learning opportunities for prisoners to enhance their chances of building a better life after release. They provide a grants programme assisting prisoners to study distance learning courses not available in prison.
Website: www.prisonerseducation.org.uk
Telephone: 020 3752 5680
Address: The Foundry, 17 Oval Way, London, SE11 5RR or FREEPOST PRISONERS’ EDUCATION TRUST
Financial
Provide advice around tax issues to prisoners.
Telephone: 01824 704535
Email: paul@thetaxacademy.co.uk
Address: Unit 4 Ffordd yr Onnen, Lon Parcwr Business Park, Ruthin, Denbighshire LL15 1NJ
Housing and resettlement
Langley House Trust provides resettlement services for people with convictions.
Doing time will give you the reality of what you are facing as you are processed through the prison system, and will help you deal with day-to-day issues. Information is based on the shared experiences of people who have been in prison and those working within the criminal justice system.
Bent Bars Project is a letter writing project for lesbian, gay, bisexual, transgender, transsexual and intersex prisoners in Britain. The project aims to develop stronger connections and build solidarity between LGBTQ communities outside and inside prison.
Insurance, banking and other financial issues in brief
Many mainstream insurers discriminate against people with unspent convictions, even if the convictions are not relevant. There are some motor insurers, that only take into account motoring convictions. If you don’t have a motoring conviction and are looking for motor insurance then it’s worth checking which of these can give you the best quote.
If you’re looking to become self-employed or want house insurance, you’ll find the majority of mainstream insurers won’t be able to give you a quote. However, there are insurance brokers that should be able to assist you.
The issue of insurance is generally limited to motor, home and commercial policies. You shouldn’t encounter any problems with things like travel or life insurance.
Having a conviction doesn’t generally cause too many problems in getting (or maintaining) a bank account in the community. Individuals leaving prison may have difficulties primarily with proving their identity.
If you’ve been convicted of a fraud offence against a financial institution then you may find it difficult to open a bank account. If you’ve applied for an account and it has been refused, check your credit rating and also whether your details are on the CIFAS database.
Getting insurance
Car and home insurance policies
Whether you are buying car or home insurance, you only need to tell an insurer about unspent convictions and then only if they ask. The insurer should disregard any spent convictions that are disclosed.
If you have an unspent conviction then you may find it more difficult to get insurance and you will usually need to contact a specialist insurance broker.
If you are looking for commercial insurance (for example public liability or professional indemnity) you will need to disclose all unspent convictions, even if the insurer does not ask – this is deemed a ‘material fact’.
Opening and managing a bank account while in prison
As a result of a project run by Unlock several years ago, many prisons have arrangements in place with local banks to open accounts for people in prison. You should speak to the prison resettlement department for further information.
Nothing happens to your external bank account as a result of being in prison but some court disposals (for example a confiscation order) may have an impact on it or, the fact that there has been no activity.
Most banks now provide basic bank accounts and opening one of these shouldn’t be too difficult providing you have the relevant ID.
If you have been convicted of fraud against a financial institution then you may find it difficult to open a High Street bank account as your details may be logged on the Credit Industry Fraud Avoidance System (CIFAS). In this case, you may have to consider other alternatives.
Many lenders will have a question about criminal records on their application forms and if they do, then legally you will need to disclose any unspent convictions. However, every bank/building society will have their own lending criteria and it’s not necessarily the case that you will be refused a mortgage simply because you have a criminal record.
A criminal record will have different implications for different people. Some will need to claim benefits for the first time whilst others will start to receive pension payments which have been stopped whilst they were in prison.
Here you’ll find some specific questions that we regularly get about insurance, banking and other financial issues and the answers we generally provide. More detailed FAQ’s may be included in the information pages above.
Home insurers will usually ask a policy holder to disclose the unspent convictions of anybody living at the insured address. If they are buying motor insurance, the insurer will normally only want to know about the unspent convictions of anybody who is going to be driving the vehicle or specifically covered by the policy.
It varies. Although it is easier to use comparison sites, it can be more risky. With convictions, especially for motor insurance, you have to be careful about what questions (and assumptions) companies ask, and that can be more difficult using comparison sites.
Also, sometimes when you tick a certain box on a comparison site (like ‘yes’ to non-motoring convictions) this might not transfer over to the insurer that you end up purchasing through.
So. although it takes more time, it can be better to buy directly with the insurer. What you may decide to do is use a comparison site to get a range of quotes, but then purchase directly from the insurer, once you’ve decided who to go with.
Insurers take many factors into account when providing insurance quotes so it’s not always the case that your premium will increase du to your criminal record. However. it’s always worth shopping around to make sure you get the best deal you can.
You are entitled to ask an insurance company to remove data regarding spent convictions under the Data Protection Act on the basis that it is no longer necessary. When this point is may depend on the company – for example, if they don’t require changes to be notified during a policy (thereby meaning somebody who obtains a conviction during the policy doesn’t have to notify them until renewal) then it is likely that they wouldn’t treat an existing policy as without convictions until the next renewal.
Although under the Rehabilitation of Offenders Act (ROA) a question about convictions can be treated as a question about unspent convictions, and an insurer cannot rely on spent convictions to disadvantage an application, an insurer can rely on a non-disclosure made to a previous insurer even if the subject of the non-disclosure was a conviction which is now spent.
There was a case in 2010 in which a judge ruled in favour of an insurer to cancel an insurance policy mid-term after a non-disclosed conviction came to light. In this case, the claimant had a prior completely unrelated conviction for criminal damage, which he failed to disclose to a previous insurer before it was spent. Subsequently his new insurers relied on his earlier dishonesty as being a factor which entitled them to void his insurance policy. However, there were several other, arguably more serious factors against him such as previous false claims. The judge commented that a single false statement might not have been considered to be significant.
As a result of this, our view is that if you’ve previously had insurance refused or cancelled because of non-disclosure of a conviction that was unspent at the time, this is something that an insurer might use in the event of a claim or a dispute. You should therefore, when asked about ‘refusals or cancellations’, explain this to the insurer. In our experience, ‘good insurers’ will recognise that, because this now relates to something that is spent, there isn’t a problme. However, it’s better to take this approach than it is in paying for insurance which does not actually protect you, your property or a third party.
Occasionally, we hear that people have received letter from their bank, notifying them that they’re closing their account. Often, people think this is because it’s linked to their recent conviction. Sometimes this may be the case, but it can be hard to prove. There doesn’t seem to be any consistency in this area, especially given that banks may not always know about convictions. If you think this might have happened to you, our advice would be to ask the bank directly, and ultimately make a complaint. If you don’t get anywhere, you can then make a complaint to the Financial Ombudsman Service.
Credit ratings agencies do not have access to criminal records. However, as part of the background checking by banks and others, they might check fraud databases such as CIFAS. Also, if you’ve been in prison for some time, you might have a poor credit rating simply because you’ve not been financially active.
Useful links
Here you’ll find links to useful organisations and websites related to financial issues that we refer to in our information and advice.
The personal story below is from an individual with convictions writing about their experiences of living as a law abiding person with a criminal record.
There is currently a shortage of housing stock right across the country. This means that applicants for social housing need to meet stricter criteria which in turn, has pushed up the rental rates for private rentals.
If you are asked about your criminal record, you only need to disclose unspent convictions. Housing providers should disregard any spent convictions.
If you are applying for citizenship or the right to remain in the UK, you will need to disclose all of your convictions, including those which are spent.
Housing
Going into prison and preparing for release
Housing advisors in prison can give you information and advice in either making sure that you keep your existing home or planning somewhere for you to live when you’re released. Under the Homelessness Reduction Act, the prison has a duty to refer you to your local council for a housing assessment.
In the past we’ve seen council’s refuse to include individuals on a housing list as they are deemed to have made themselves “intentionally homeless. If you find yourself in this situation, you can ask the council to review it’s decision, as long as you do so (in writing) within 21 days.
To be seen as intentionally homeless, you must have deliberately done something or failed to do something, which led to you losing your home, and been able to stay where you were living. If you think the council’s decision was wrong because none of these points apply to you, it’s important to get advice before you ask for an appeal.
You should ask the council if they are going to offer you any immediate (emergency) accommodation for up to 28 days. Even if you are classed as intentionally homeless, you are entitled to this emergency accommodation, and then to receive advice aimed at helping you to find somewhere to stay after that.
Disclosing a criminal record to councils/housing associations/private landlords
Councils, housing associations and private landlords will often ask about your criminal record. They should tell you why they are collecting this information and what they’ll do with it. You may want to ask them how they plan to verify the information you provide. If they are not checking the information by way of a criminal record check, it may be considered as excessive data collection under the General Data Protection Regulations (GDPR).
Councils and housing associations – You must disclose any unspent convictions if you are asked. A council or housing association can go to court seeking an eviction order if they discover that you gave false information when you applied for a tenancy with them.
Private landlords – It is usually a good idea to be open with landlords or agents when you apply for a home with them, because they too can go to court seeking an eviction order if they discover that you provided them with false information. Another problem is that if you do have unspent criminal convictions, the landlords insurance may not be valid if this is not disclosed. The landlord may try to recover money from you if a claim they make is refused because of your conviction, if they can prove that you lied to them.
Mortgage providers – You must disclose information about unspent convictions if asked – you are bound by a ‘legal declaration of truth’. If you are found to be lying by not disclosing an unspent conviction when you got a mortgage, it could lead to a further conviction. Also , if the mortgage lender finds out about your unspent conviction, it could invalidate the mortgage agreement and possibly any insurances as well.
If you are already renting a property from the council or housing association when you receive a conviction you would not normally need to disclose it. The only exception to this is where your initial agreement makes it clear that you must tell them about any future convictions you receive. If the council/housing association finds out about the criminal conviction, you could be evicted especially if you have been convicted of:
Anti social behaviour
Drug dealing or growing drugs on the premises
Running a brothel or another illegal activity in the house, or allowing someone else to do this
Being violent towards your partner or to a housing or other official.
Eviction should be the last resort – the council/housing association should try to get you to agree that you don’t commit the same crime again. This could be by way of getting you to agree to an Acceptable Behaviour Agreement, or by getting an Anti-Social Behaviour Order, or by downgrading your tenancy so that you can be evicted more easily if you do not follow the rules.
Many lenders will have a question about criminal records on their application forms and if they do, then legally you will need to disclose any unspent convictions. However, every bank/building society will have their own lending criteria and it’s not necessarily the case that you will be refused a mortgage simply because you have a criminal record.
If you are looking to become a provider of social housing to a local authority as a private landlord you should consider the ‘suitability’ test that applies. This comes from the Housing Act 1996 and the relevant section is set out below (it relates only to unspent convictions).
Housing Act 1996 – Section 210 – “Suitability of accommodation”
For the purposes of this Part, accommodation secured from a private landlord as defined at section 217(1) shall not be regarded as suitable where one or more of the following apply:
(e) the local housing authority are of the view the landlord is not a fit and proper person to act in the capacity of landlord, having considered if the person has – ..
(i) committed any offence involving fraud or other dishonesty, or violence or illegal drugs, or any offence listed in Schedule 3 of the Sexual Offences Act 2003 (offences attracting notification requirements).
Coming to live in the UK
If you are looking to come to/stay in the UK you will need to disclose both spent and unspent convictions. If your application is for leave to remain and you were sentenced to over 4 years in prison, it is likely that your application will be refused. If your sentence was less than four years or you received a non-custodial sentence, then other timescales will be applicable.
Here you’ll find some specific questions that we regularly get about housing and coming to the UK and the answers we generally provide. More detailed FAQ’s may be included in the information pages above.
Many areas have schemes to help people on low incomes to pay deposits. They can be called Rent Deposit, Rent Guarantee or Bond Guarantee schemes. They can offer a grant or a loan to pay the deposit, or a guarantee (often for a set period such as a year) to pay the landlord if you don’t pay the rent or you owe money for any damage.
The schemes may be run either by the Council or a local charitable organisation. They all have different rules, and they may or may not be helpful for people with an offending history. Some Councils also have money in their Homelessness Prevention Fund to help with deposits, and some Probation services have money set aside for this at the moment.
The best places to find out if there is a scheme in your area are the Crisis website or your local Council and Probation service.
Rent deposit schemes usually don’t offer money for these. Other places to try are Credit Unions (you save with them, then can borrow money at low interest rates), or local Councils. Because homelessnessprevention is part of their role, local Councils sometimes use their money to help people to get a private house or flat, if they would otherwise be at risk of being homeless.
No, unless you have a conviction for a financial crime. Private landlords often check credit checking agencies, and this should not reveal information about convictions for other crimes.
Disclosure will not necessarily stop you being granted leave to remain. The type of offence, the length of sentence, your immigration history and any patterns in re-offending will be taken into consideration. If you fail to disclose, then this could be seen as an attempt to deceive the UK Visa and Immigration Department.
Yes you will. Most overseas convictions are treated as through they happened in the UK.
Useful links
Here you’ll find links to useful organisations and websites related to housing that we refer to in our information and advice.
Having a criminal record does not bar you from travelling abroad. However, there are a few points to bear in mind:
If you are on licence, you will normally need to get permission to travel outside the UK. This would usually only be given in exceptional circumstances.
There is no link to your criminal record from your passport. The chip on a biometric passport only stores a digitised image of your photograph and biographical details which are printed in your passport.
You will be required to apply for a visa when travelling to certain countries (for example the USA and Australia). Visa applications are exempt from the Rehabilitation of Offenders Act (ROA) and you would therefore need to disclose both spent and unspent convictions.
How can a criminal record impact on travelling abroad?
Travelling abroad while on licence or on a community order
Standard licence conditions state that you cannot:
“Travel outside the United Kingdom, the Channel Islands or the Isle of Man except with the prior permission of your supervising officer or for the purposes of immigration deportation or removal.”
There are no general exclusions from travelling abroad while you are serving a community order.
Travelling abroad while on the Sex Offenders’ Register (SOR)
Bring on the SOR means that you will have to notify the police of all foreign travel.
Once you have informed the police, your travel arrangements will be risk assessed and any appropriate action taken – this may include sharing the information with other agencies and countries. Where the police believe ‘a person to be a possible threat to public safety’, they may decide to issue a Green Notice through the Interpol Criminal Information System. If a Green Notice is issued then customs/immigration will be aware of it when your passport is scanned. Immigration will then decide whether to admit you or deny you entry.
As part of the visa application process (especially if you are looking for a work or residency visa) you may be asked to provide a formal record of your convictions to overseas immigration. This is done by way of a police certificate.
Police certificates will disclose all cautions and convictions unless they have been ‘stepped down’.
If your caution/conviction has been ‘stepped down’ your police certificate will state ‘No Live Trace’. This means that there is criminal record information held on the Police National Computer (PNC) but it has been removed from the police certificate. Immigration officials will therefore be aware that you have a past criminal record, even if they can’t see the details.
If you have never had a criminal record, your police certificate will show ‘No Trace’.
The impact of your criminal record when travelling will depend on the country you are looking to travel to and the nature of your offence and sentence/disposal received. Further information can be found at:
Here you’ll find some specific questions that we regularly get about travelling abroad and the answers we generally provide. More detailed FAQ’s may be included in the information pages above.
This would normally only occur if you travelled without prior notification or in breach of a foreign travel order preventing you from travelling outside the UK – therefore, committing a further offence. In the event you had fulfilled your commitment to notify (and therefore travelled with implied permission) there should be no reason for UK police to disclose your conviction or communicate with foreign law enforcement. There is currently only limited routine sharing of criminal record information across states (based around risk assessments); primarily within the EU.
‘No Trace’ means that you have no convictions, reprimands, final warnings, or cautions held on the Police National Computer.
‘No Live Trace’ means that there is criminal record information held on the Police National Computer but it has been ‘stepped down’. Anyone who sees this, can see that you have a criminal record from your past, even if they can’t see details.
If the information is held abroad you would have to contact the embassy of the country concerned or that country’s data protection authority.
If your information is held in the UK, you are covered by the Data Protection Act, so you can apply for the information they hold on you from that country’s embassy.
All the time you are out of the UK you are considered to be ‘unlawfully at large’ and your licence will stop.
If you returned to the UK, your licence would start again and you would be liable for recall to prison for the length of time you have left on licence. See our section travelling abroad whilst on licence.
Useful links
Here you’ll find links to useful organisations and websites related to travelling abroad that we refer to in our information and advice.
GOV.UK – The GOV.UK site has a comprehensive section on living/travelling abroad. You can check the entry requirements of a particular country to establish whether you’ll need to apply for a visa to travel.
Read personal stories
The personal stories below are from people with convictions writing about their experiences of living as a law abiding person with a criminal record.
There are 3 main levels of criminal record check and which one is done by the employer depends on the job role. Make sure you know what level of check an employer is doing and only disclose what you legally need to. Spent convictions are not disclosed on basic DBS checks. Filtered cautions/convictions are not disclosed on standard or enhanced DBS checks.
If an employer wants to know about criminal records, they will normally ask you to disclose in a certain way; this might be at interview or after they’ve made a conditional offer. Some employers ask on their application form. Where possible, we suggest that you disclose your record face-to-face; this tends to be most effective. Prepare a self-disclosure statement; this should help. Address any concerns you think they may have but stay positive and don’t concentrate solely on the negatives of a conviction. The ‘Ban the Box’ campaign encourages employers not to ask about criminal records on application forms but instead leave it until later in the process. See who’s signed up by visiting unlock.devchd.com/banthebox.
Many organisations employ people with convictions. Proactive employers often sign up to initiatives such as the Employers Forum for Reducing Reoffending (EFFRR) and Ban the Box. ‘Good’ employers will deal with criminal records on a case-by-case basis. We regularly hear from people working in a wide-range of careers; from construction, restaurants and hotels, to solicitors, accountants and the NHS. There are personal stories on the-record.org.uk.
Here you’ll find links to various parts of this site where we have information and useful resources relating to looking for (or keeping) employment and volunteering.
What do I need to disclose?
This will depend on the type of criminal record check that an employer will be doing and whether your conviction is spent under the Rehabilitation of Offenders Act or eligible for filtering from standard and enhanced DBS checks. Useful links include:
I want to work in a specific occupation/profession – will I be able to?
There are many roles and professions that are ‘regulated’ in some way. They all have different ways of dealing with criminal records. Useful links include:
Which employers have positive policies towards people with convictions?
Many employers are happy to take on people who have a criminal record. We have a list of friendly employers but don’t restrict your searches purely to these organisations. See the link below.
Which employers have particularly negative policies towards people with convictions?
There are still some employers who have blanket bans on recruiting people with an unspent criminal record. We’ve put a list together of some of these but if you know of any more, let us know. See the link below.
As well as the job centre and work programme providers, there are also recruitment agencies who specialise in finding work for people with convictions. See the link below.
Irrespective of whether you have a criminal record, you will still have the same general employment rights as anybody else (for example you can’t be discriminated against on the basis of your race, sex, age etc). More specifically with regard a conviction, you will generally have more employment rights once your conviction is spent. See the link below.
Do i need to inform my employer if I receive a conviction whilst in work?
You will need to check your contract of employment to see whether there is any clause which specifically asks you to disclose a conviction you receive whilst you’re employed. See the link below.
Is it possible for me to be a trustee or senior manager of a charity with a criminal record?
In August 2018 the rules in England and Wales as to who could be a trustee or senior manager of a charity changed. People with certain types of offence are now disqualified from holding these positions unless they are granted a waiver from the Charity Commission.
Does my previous employer have to give me a reference? What is he allowed to say about my criminal record?
Generally, your previous employer is under no obligation to give you a reference. Unless you give your previous employer your explicit consent, they are not legally allowed to disclose any information about your criminal record. See the link below.
For general advice on working with recruitment companies and job boards, or to report issues which may arise during your job search, you can visit SAFERjobs, a joint law enforcement and industry non-profit organisation working to promote a safer job search.
Where can I find volunteering opportunities?
Local volunteering centres are often a good place to start or national online databases which can provide you with a list according to your interests. See the link below.
I’m in a resettlement prison and working out – what can I earn?
Whatever job you have whilst in prison, you’re salary should be the same as a person doing the same job who isn’t in prison. However, approximately 40% of your net pay will go towards the victims levy. See the link below.
I have a job and I’m having problems with my employer because of my criminal record
Just because you have a criminal record, you still have the same general employment rights as anybody else (see the link below). There are some instances where it may be appropriate for Unlock to take on your case and provide you with individual help and support.
I’ve been sacked after my employer found out about my spent conviction. Do I have any employment rights?
Generally you’ll need to have been employed for at least two years before you have any employment rights. In certain circumstances, you may be able to make a claim for wrongful dismissal if you have less than two years service.
Is there a way of dealing with the fact that my criminal record details can be read online?
If your convictions are spent, you may be able to try and get the website to remove the details, and/or get links from search results removed. Otherwise, there are ways of trying to counteract negative search results. Useful links include:
Here you’ll find some of the common advice we give on looking for (or keeping) employment and volunteering. This is based on what we’ve learnt as a charity, as well as the real-life experiences of people with convictions.
There are very rarely any hard-and-fast rules about what employers must do in response to criminal records.
Generally, employers respond best when convictions are disclosed face-to-face, when you get a chance to explain the circumstances and try to alleviate any immediate concerns that they may have.
We regularly speak to people with convictions who have managed to find employment in all different sectors and professions. These cases continue to show us that there are many employers out there who are willing to give people a chance. The numbers of these types of employers may not be as high as we’d like, but it shows that you should never give up – if you continue trying, you will eventually find an employer than is willing to look beyond your conviction and employ you because they think that you are the best person for the job.
Frequently asked questions
Here you’ll find some specific questions that we regularly get about looking for (or keeping) employment and volunteering and the answers we generally provide. More detailed FAQ’s may be included in the information pages above.
You should start by putting together a CV. If there are gaps in your employment history (because of the time spent in prison), you may want to consider a skills based CV rather than a traditional chronological one. There are books and plenty of on-line sites which have different CV templates you may want to consider.
You could send speculative CV’s to employers in your local area who you may like to work for but who don’t have vacancies at the present time.
Most employers will ask about criminal convictions and you should start to give some thought to how you would disclose your convictions and what sort of questions you will be asked by an employer.
Many prisons have Jobcentre Plus and Benefit Surgeries and you should make an appointment with one of the advisers to start an application before release for Job Seekers Allowance if you are entitled to it.
You should make contact with your local Jobcentre as soon as you can as they will be aware of employers in the local area who are recruiting. There are a range of organisations that support people who are struggling to find work but these vary depending on the area in which you live. See our ‘support getting into work’ section.
It’s really important that you don’t give an employer the opportunity to judge you before they have met you. Therefore, don’t disclose too much at application stage. If you are completing an application form, you should tick the ‘Yes’ box that asks about criminal convictions but if it asks for details, merely state ‘Willing to discuss at interview’. Hopefully this will encourage an employer to focus on your skills and experience rather than your offence. Once you have secured an interview, you can disclose at that time. See our disclosing criminal records to employers section.
There is some information on our Hub, ‘looking for friendly employers‘, which identifies a number of employers who, either as a result of their recruitment process or company ethics, have a positive attitude to people with convictions.
There are many more employers who are not included on our list who will consider individuals with convictions but who don’t generally publicise the fact – this is often because they’re worried about being inundated with applications.
Yes. The only specific restriction to this is for those individuals who are barred from working with vulnerable groups. In this situation, you would not be able to work in ‘regulated activity’. Otherwise, it is perfectly possible for people with convictions to be employed in working with vulnerable groups. In this situation, during the recruitment process it will be likely that all of your convictions will be disclosed to the employer, and it will be up to them to decide whether to employ you. They may also have a specific policy in place, which may help you understand where you might stand.
It depends on whether you are found to be ‘voluntarily unemployed’.
If you are unemployed, you are normally eligible for Job Seekers Allowance. However, those found to be ‘voluntarily unemployed’ can have their entitlement reduced, or be ineligible completely. The DWP can impose a sanction to disallow you JSA payments if they think you have made yourself ‘voluntarily unemployed’. In some circumstances you can apply for a hardship payment, and you can always appeal against the decision to get the benefit paid sooner.
To be found not to be voluntarily unemployed, you have to prove that you ‘did not leave your job irresponsibly and for no good reason’. If you were dismissed from you job because of your criminal record, you shouldn’t automatically be found to be ‘voluntarily unemployed’. Often, if you do claim JSA you will receive the full amount you are entitled to from the start of your claim as the Job Centre will contact your previous employer to find out the circumstances behind your dismissal and will also ask your side of the story. Only then will they make a decision about sanctioning your benefits. This can sometimes take several months.
If you resigned from your job (for example before the employer had the chance to dismiss you) then you are likely to be seen to be voluntarily unemployed.
The best thing to do would be to contact your Line Manager or HR Department and arrange a time for you to go in and disclose your conviction. Explain the reasons why you did not disclose it previously. This will hopefully reassure them that you did not intentionally hide it from them. If your employer does decide to withdraw the job offer, there is very little that you could do to reverse their decision as you have very few employment rights.
If your probation officer considers that you pose any type of risk to an employer then they will encourage you to disclose your convictions. If they have reason to believe that you are not going to disclose then they are within their rights to do it themselves.
It would certainly be in your best interest to disclose it yourself. Your probation officer will not be able to explain the circumstances surrounding the conviction as well as you and an employer may consider the conviction to be more serious than it is, merely because it is being explained to them by a probation officer.
Discuss the disclosure with your probation officer so that you are very clear about how much or how little they want you to disclose to potential employers.
The National Staff Dismissal Register is something that was set up back in 2008. As far as we’re aware, this is no longer active. Although information remains online, we have yet to be contacted by anybody with convictions who has been affected by this.
Useful links
Here you’ll find links to useful organisations and websites related to looking for (or keeping) employment and volunteering that will refer to in our information and advice. Contact details for the organisations listed below can be found here.
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