Is it possible to clear a criminal record in the United Kingdom?

Answer 1

UK criminal records cannot be expunged but after a certain amount of time, a criminal record may no longer need to be declared:

The 'Rehabilitation of Offenders Act 1974' allows for convictions and cautions to become 'spent', after a 'rehabilitation period'. Most organisations and employers are banned by this legislation from asking an individual about 'spent' information and the individual does not need to declare it.

The 'Rehabilitation Period' for an offence depends on the disposal (i.e. caution/community order/fine/etc) and the age of the offender (Child (0-17) or adult (18+)) for example, a community order given to a 15 year old will be spent after 6 months, but one given to an adult will be spent after 12 months.

However, if a job role is included in the 'Rehabilitation of Offenders Act 1974 (Exceptions) order 1975' employers and organisations may ask for details of unspent and spent cautions and convictions as long as they are not 'protected' (this is also the legislation that allows for DBS checks).

A caution offence (including reprimands and final warnings) will become 'protected' if:

• the offence is not a 'Listed Offence' in the 'Rehabilitation of Offenders Act 1975 (Exceptions) order 1975', and;
• six years have passed since the date of caution (2 years if the individual was under 18 at the time of caution).

A conviction offence will become 'protected' if:

• the offence is not a 'Listed Offence' in the 'Rehabilitation of Offenders Act 1975 (Exceptions) order 1975', and;
• eleven years have passed since the date of conviction (5.5 years if the individual was under 18 at the time of conviction), and;
• the conviction did not result in a custodial sentence, and;
• the individual does not have any other conviction offences.

Answer 2

NO. Even minor transgressions (like stealing chewing-gum at twelve years-old) will appear on an enhanced criminal records check.