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
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’).
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) **
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.
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.
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..
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.
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.
Counteracting negative ‘Google’ or other internet search results
Introduction
In a perfect world, we’d be able to remove all the unfair, outdated, and negative search results about ourselves. In reality, most content is here to stay except in special circumstances. Remove what you can, but creating your own positive content to suppress the negatives is a practical way to control your image and improve your search results.
If you are looking to disappear from the web, then this isn’t the solution for you. You’ll be creating more content about yourself, but you might be able to tip the balance from negative to positive.
For anybody looking to increase their positive profile on the web then there are a number of steps that you could consider.
Which sites should I create a profile on?
Certain sites consistently appear high in the search results. By simply creating a profile on them with your name and a bit of identifying information, you can suppress negative results. Make sure that you set your privacy settings to be publicly viewed, and only post content that you’re absolutely sure you won’t regret later.
Some sites you could consider posting to include:-
You can also use your real name to register on news websites and comment on articles, although these types of posts don’t tend to rank as highly as those on the sites listed above. If you’re prepared for a little self-censorship, posting under your real name can be a smart strategy for selling yourself. Knowing that anything you say online may show up when someone Googles you, use your postings to your advantage: post intelligent, grammatically-correct, spell-checked, well-reasoned content.
Express yourself in the field in which you want to become established. One of the ways that Google determines a site’s rank in search results is by analysing how many times other sites link to it. You can get your content to rise by linking it to itself. For example, create a Twitter account, connect that to your Facebook page, and link to all of them on your Blogger page. Of course, the more you use your accounts and interact with other people, the more likely they are to link to your content, which drives your results even higher.
Is there anything else I need to consider?
If a search for your name is generally positive, but including a particular keyword brings up negative or unwanted results, try to reclaim that term. For example if a search for “John Doe” is positive, but “John Doe” + “College” brings up negative results then John Doe should start including the phrase “College” in his positive content creation in order to associate it with his good reputation.
What else can I do?
On the 13th May 2014, a ruling by the Court of Justice of the European Union ruled that individuals could request that information be removed from Google’s search results. It is unlikely that Google would agree to remove links for anybody with unspent convictions. For further information see here.
For anybody looking for a fresh start and trying to avoid ‘informal’ disclosure, such as articles from newspapers and on-line then it may be worth considering changing your name.
Yes – it is passed when the court finds you guilty but does not think that any further action is required. You may still have to pay compensation, prosecution costs or be disqualified from driving.
Is it recorded on the Police National Computer (PNC)?
Yes.
Is it classed as a conviction?
No. However, for the purposes of filtering, it will be dealt with as a conviction.
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?
Immediately.
When do I have to declare it?
You do not have to declare it after it is spent. Before it is spent you do need to declare it, when asked, to employers, insurers and for some other financial checks.
Is it disclosed on DBS checks?
Yes, it will be disclosed by both the standard and enhanced checks, unless it is eligible to be filtered. A basic check only discloses unspent convictions.
Cannabis Warning
This is for information only. We are unable to provide advice on this.
Who is it issued by and how can I contact them?
Cannabis warnings are issued by the Police – contact the administering force.
Does it involve guilt?
Yes – you have to make a clear and reliable admission.
Is it recorded on the Police National Computer (PNC)?
Yes. A facility is available on the PNC which allows an entry to be recorded which does not constitute a ‘criminal record’ but is accessible for police use.
Is it classed as a conviction?
No, but it is kept on the PNC and can be taken into consideration by the Police is you are found to be in possession of cannabis at any time in the future.
How long will it be on my record?
Although a Cannabis Warning does not result in a criminal record, the information can still be used if further offences are committed.
When does it become spent?
It isn’t a caution or conviction, so isn’t formally covered by the Rehabilitation of Offenders Act 1974.
When do I have to declare it?
You very rarely get asked about Cannabis Warnings, so you don’t have to declare it.
However, it is not covered by the Rehabilitation of Offenders Act and so, when asked, it must be disclosed. It is rare for employers to ask about Cannabis Warnings.
Is it disclosed on DBS checks?
Not on a standard check.
It might be disclosed as part of an enhanced check in the ‘other relevant information’ section, i.e. if the offence has a bearing on the kind of work you are applying for. However, in our experience it is rare for cannabis warnings to be disclosed in the ‘other relevant information’ section.
What if I get asked “have you got any convictions, cautions, warnings and reprimands”?
It is likely that the question is relating to ‘warnings’ that were given to under 18’s, as the equivalent to a caution. These are now referred to as ‘youth cautions’ .
Do I have the right to appeal and what is the process?
There is no formal process for rescinding a Cannabis Warning once it has been administered. If you wish to complain about the decision or how the case was handled, you need to make a complaint to the Chief Constable or Commissioner of the administering force.
Each police force should be willing to receive requests for Cannabis Warnings to be ‘expunged’ as part of their ownership as Data Controllers of the PNC. However, this is only done in exceptional circumstances, particularly where a significant amount of time has passed since receiving the warning. If you did decide to try and have the warning expunged, then there is a risk that your earlier admission of guilt could be used as evidence if they decided to proceed with charge in lieu.
Other information
In dealing with an offence of cannabis possession, a police officer will have three options open to them; arrest, PND or Cannabis Warning
The options are listed in order of escalation that would be expected taking into account many aggravating factors.
Cannabis Warnings form part of an intervention framework which was developed to assist officers in deciding on a justifiable and proportionate response to dealing with people found to be in possession of cannabis for personal use.
The framework will be considered when an individual meets all the conditions below:-
An adult, aged 18 years or over
Non vulnerable
Capable of understanding the significance of questions put to them or their replies
Not suspected of being under the influence of drink or drugs at the time the warning is to be issued
In possession of a small amount of cannabis, consistent with personal use
Personal details have been satisfactorily verified
They admit the offence
The general principle of a Cannabis Warning is that no more than one warning should be issued and the following should apply:-
No previous record of a Cannabis Warning
No previous record of a PND being issued
No previous convictions
Not known to the officer ‘locally’ as a persistent offender
Is it recorded on the Police National Computer (PNC)?
Yes.
Is it classed as a conviction?
Yes.
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?
You do not have to declare it after it is spent except for an occupation exempt from the Rehabilitation of Offenders Act, like working with children. Before it is spent you do need to declare it, when asked, to employers, insurers and others.
Is it disclosed on DBS checks?
Yes, it be disclosed on both standard and enhanced checks unless it is eligible for filtering. Once it becomes spent, it won’t be disclosed on a basic check.
What guidance is there on fair process?
The Sentencing Council provide guidelines on community sentences to try and ensure uniformity in sentencing.
Do I have the right to appeal and what is the process?
All appeals about the handling of your case by Probation, should be made to the relevant National Probation Service office. If you are still not satisfied your complaint has been dealt with, contact the Prisons and Probation Ombudsman who have a legal responsibility to investigate all complaints.
What are the implications for life in the community?
A community sentence is managed by the probation service and can involve a range of requirements and programmes. Breaking the terms of your order can result in a return to court or prison.
What can it include?
Community orders, sometimes referred to as community sentences, allow judges or magistrates to tailor a sentence. The sentence is served in the community under the supervision of a Probation Trust and should be considered a punishment, in that it may restrict your movements and activity, as well as encouraging attendence at activities or treatment-based interventions that are rehabilitative in nature.
Sentencers can impose several different conditions, or ‘requirements’ on the order. There are a total of twelve different requirements although an offender would not have all the requirements attached to their order. Less serious offences would generally carry only one or two whereas a more serious offence may have three or more elements to the order.
The requirements are as follows:
Supervision – by a Probation Trust. This is where you’ll have to attend regular meetings with a probation officer who will undertake work with you to change attitudes and behaviour.
Unpaid Work/Community Payback – up to a maximum of 300 hours set work performed for the benefit of the community.
Curfew –where you can be ordered to stay within the confines of your home during certain hours of the day for up to six months. The curfew can be for up to 12 hours within a 24 hour period. Curfews are usually electronically monitored.
Accredited Programmes – designed to address behavioural issues such as general offending, violence, sex offending, drug or alcohol abuse, domestic violence and drink impaired driving. May be group based or one-to-one.
Specified Activities – for example improving basic skills, or undertaking reparative work.
Prohibition – from undertaking certain activities. For example attending football matches, public houses or shopping centres.
Exclusion – where you can be excluded from entering certain areas for up to two years.
Residence – where you have to live at a certain address for example approved premises such as a hostel or a private address.
Mental Health Treatment – this can only be imposed with your consent and is done under the direction of a doctor or psychologist.
Drug Rehabilitation – this includes testing and treatment and can also only be imposed with your consent. This is designed to reduce or eliminate your dependency on drugs.
Attendance Centre – where you (up to the age of 25) are required to attend a particular centre at a certain time for between 12 – 36 hours during your sentence.
Alcohol Treatment – this can only be imposed with your consent and lasts up to three years. This is designed to reduce or eliminate your dependency on alcohol.
These requirements are also available to the courts when a suspended sentence is imposed.
The ‘google effect’, internet search results and the right to be forgotten
In May 2014, the Court of Justice of the European Union ruled that individuals should be able to request the deletion or removal of personal data published online where there is no compelling reason for it to remain. This right to erasure is often referred to as ‘the right to be forgotten’.
This page sets out how to request the removal of online information and how you can appeal the decision if an online search engine refuses your request.
Why is this important?
Once your conviction is spent under the Rehabilitation of Offenders Act, there is no legal obligation for you to disclose it when applying for the majority of jobs. However, information on the internet can stay around, long after a conviction becomes spent.
We’re aware that some employers will do ‘Google’ searches as a way of informally checking someone’s criminal record. If there are stories on the internet which relate to your conviction, an employer may be able to find out more about you than they are legally entitled to know.
If you’re aware of any links to your name on the internet and your conviction is spent, it’s definitely worth applying to have the links removed. If your application is successful, then you can be confident that any future employer or work colleague who searches for your name on the internet, won’t be able to find any information relating to your criminal record.
Introduction
In May 2014, Google launched a system whereby individuals can request information about them be removed from Google’s search results. This came about because of a ruling on the 13th May by the Court of Justice of the European Union. The case was brought by a Spanish man who complained that an auction notice of his repossessed home on Google’s search results infringed his privacy. The court found in his favour, which has already had wide-reaching consequences for search engines like Google.
The ruling only covers the removing of the search results – the information will still exist on the website that published the original article but Google won’t be able to deliver matches to some enquiries that are entered. Deletion of the original information would still be the responsibility of the website owner, and in our experience, it’s very rare that websites agree to remove details relating to convictions (see more in reporting of criminal records in the media).
Information will only disappear from searches made in Europe. Queries piped through its sites outside the EU will still show the relevant search results.
However, many people are still seeing the ruling as a potential way of dealing with the ‘google effect’ that often haunts people for lots of different reasons, and our Helpline and Forum have already seen this being raised by quite a few people when it comes to past convictions that have been reported online. So the important question for us is whether it will actually help people with convictions?
Does it help people with convictions?
Under the ‘Right to be Forgotten’ anyone in the UK and EU can make a request to Google (and other search engines) to have information about themselves removed. For the first time, this ruling and the Right to Erasure provides individuals with a legal mechanism through which news articles, images, videos and other digital content can be removed.
In 2022, Google delisted approximately 56% of the “right to be forgotten” requests it received. The percentage of successful requests varied depending on the type of information concerned:
Criminal record information – 61% of requests were delisted.
Professional wrongdoing and other professional information – less than half of requests were delisted.
“If your convictions have been ‘spent’, you may have legal rights to have links to articles about these convictions to be removed from search engines. If you make a formal request to an internet search engine directly, they may remove these articles from search results.”
Google’s system
Google state that they always comply with their legal requirement to remove pages from Google search results and encourage individuals and authorities to contact them if they believe the continued publication of information violates the law.
Google summarises it’s approach as follows:
“We will balance the privacy rights of the individual concerned with the interest of the general public in having access to the information, as well as the right of others to distribute the information. For example, we may decline to remove certain information about financial scams, professional malpractice, criminal convictions, or public conduct of government officials”.
From our point of view, we strongly believe that once a conviction is spent, this should be removed from the internet (on request). Otherwise, protections that are afforded under the Rehabilitation of Offenders Act are undermined.
It’s highly unlikely that Google will be willing to remove search results that relate to unspent criminal convictions.
The Information Commissioner’s Office view
Back in 2014, the ICO looked at what the ruling meant for people in the UK. In a blog post, a particular point they made was that;
“It is also important to remember that the exemption for journalism, art and literature under Schedule 2, part 5 (26) of the Data Protection Act 2018 can be applied by media organisations, bloggers and other publishers of information, depending on the circumstances. What this is not, then, is a full or absolute ‘right to be forgotten’.”
This casts doubt over to what extent Google (and others) will remove details such as convictions, where media organisations have claimed a legitimate exemption of the basis of journalism.
As part of Google’s current system, you have to do a couple of things.
Firstly, you have to provide the URL links for each link appearing in a Google search.
Secondly, and perhaps most importantly, you have to explain why the search result is “irrelevant, outdated, or otherwise inappropriate”. At the moment, the clearest argument is that your convictions are spent under the Rehabilitation of Offenders Act 1974, and so in most cases, you can treat it as if it had never happened. You should look to put forward any other reasons why you think it meets the definition of “irrelevant, outdated or inappropriate”. Until we begin to see examples of what’s worked and what hasn’t, it’s difficult to give much more guidance at this stage. The ‘representation box’ only allows you to use 1000 characters so you’ll need to keep your argument short and succinct.
Thirdly, you have to provide proof of your identity. Some people have expressed concern to us about this last point. However, we have no reason to think that this should put people off – ultimately, if your information is already available online, this application process cannot make things worse!
Reporting a concern to the Information Commissioner’s Office
Once you have a decision from Google, if they refuse your application, we would advise people to make a complaint to the Information Commissioner’s Office.
If you decide to make a complaint to the ICO regarding Google’s refusal to remove a link then, the ICO will consider your request based on a set of criteria. If they believe that any links should be removed they will contact Google and ask them to de-list the information. Google will either agree with the ICO removing the link or refuse and refer back to the ICO.
What can you do if Google refuse to remove a link and the ICO agree with them?
If Google inform the ICO that they are refusing to remove a link after a request is made, the ICO will review the matter under their case review process with the involvement of senior colleagues, taking into account all of the circumstances of the case and arguments presented by all parties in order to decide whether the original decision was correct.
Where the ICO agrees with Google and decides that the link does not have to be removed from their search engine, you can still make an application to the court under section 167 of the Data Protection Act 2018, seeking an order that the court is satisfied there has been an infringement of your rights under the data protection legislation. The court would reach its own view as to whether they are satisfied there has been an infringement of your rights under the act. If you pursue this option you may wish to seek independent legal advice.
Having reviewed the overall circumstances of the case, we have concluded that it is appropriate to amend our assessment and we consider the search results likely to comply with the Data Protection Act. Therefore the ICO will not be requiring Google to delist the search results.
Although we recognise that the conviction is now deemed ‘spent’ for the purposes of the Rehabilitation of Offenders Act, and we take this into account, we must also consider the public interest in the availability of information about criminal convictions. Our published criteria explain that we are less likely to require the delisting of information about serious offences, and we consider sex offences involving minors to fall into this category.
While a number of years have passed since the conviction, we consider there to be a significant degree of public interest in the availability of information about convictions of this nature and on balance we consider this to mean the information in the search results remains relevant. In reaching this view, we also take account of the fact that you held a position of trust at the time the offences took place.
We recognise that the availability of the search results may be detrimental to you, but the right to have search results delisted is not absolute and does not necessarily entitle individuals to have negative information about them removed. When reaching decisions we must also take into consideration the relevance of the information to the public interest, which in this case we consider to be significant for the reasons I have explained. We have concluded that the original decision provided to you did not adequately take account of these factors.
Whilst the above refers to a sex offence, this does not mean you cannot apply to have your link removed if you have a spent conviction for a sex offence. You need to be aware that under ‘public interest’ a decision could be made that will result in your application to have your link removed declined.
Other ways of dealing with the Google effect
This problem isn’t new, and regardless of this new system, many people with convictions will continue to experience difficulties because of their convictions being reported online.
One option that some people look at is changing their name. Although this doesn’t get you away from your criminal record (because if an employer does a criminal record check, depending on whether your convictions are spent, and depending on the level of check, it will still come back) it does prevent people from getting access to information that they would otherwise not be allowed to (e.g. spent convictions if the job is covered by the ROA).
Another option that some people look at is trying to flood the internet with alternative, positive, stories about them, to ‘force down’ the reports that relate to their convictions.
Online reputation repair companies
There are many companies offering services to repair your online profile by replacing negative search results with positive coverage. Some of these can be very expensive, often tying you in to long term contracts and only doing what you can do yourself.
Details of a couple of organisations we would recommend can be found in the useful links section below.
Personal experiences
The personal stories below have been posted on our website.
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.
Mycleanslate – If you have a spent conviction, Mycleanslate may be able to act on your behalf by making a request to search engines such as Google, Yahoo and bing to have links to your name removed. They currently charge a flat fee of £295.
Internet Erasure – Offer a free consultation to assess your eligibility for removal and will then outline their predicted timescales and costs.
This page was last fully reviewed and updated in October 2024. If you’ve spotted something that needs updating, please let us know by emailing the details to advice@unlock.org.uk
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