Do I Have to Disclose My Criminal Record? Jobs, DBS Checks and Spent Convictions
By Daniel Hockey · Checked against GOV.UK and legislation · Last updated 8 October 2026 · 8 min read
The short answer: In England and Wales, you only have to disclose a criminal record if you are asked. If the conviction or caution is unspent, you should disclose it when asked. Once it is spent, you can treat it as if it never happened for most jobs, insurance and housing. The exception is roles that qualify for a standard or enhanced DBS check, such as work with children or in healthcare, where some spent convictions must still be declared unless they are filtered. A basic DBS check costs £20 from 5 October 2026 and shows unspent convictions only.
Need support?
- Prisoners' Families Helpline 0808 808 2003 (free)
- Samaritans 116 123 (24 hours)
- Find a solicitor: ask for the duty solicitor at the police station or search the Law Society's Find a Solicitor service.
| Key fact | Detail |
|---|---|
| Main law | Rehabilitation of Offenders Act 1974 |
| Custody of 1 year or less (adult) | Spent 12 months after the sentence ends, including licence |
| Custody over 4 years (adult) | Spent 7 years after the sentence ends, unless excluded |
| Basic DBS check | Unspent convictions only; £20 from 5 October 2026 |
| Standard DBS check | Spent and unspent records, minus filtered ones; £20 |
| Enhanced DBS check | As standard, plus relevant police information; £41 |
| Volunteer checks | Free |
Spent and unspent convictions
Most convictions become spent after a set rehabilitation period. Until then they are unspent.
Under section 4 of the Rehabilitation of Offenders Act 1974, once a conviction is spent:
- a question about your previous convictions is treated as not covering it, so you can answer without mentioning it
- you cannot be held liable for not disclosing it
- it is not a proper ground for refusing you a job, dismissing you or treating you unfairly at work
These protections can be switched off for certain roles by an order made under the Act. That is why standard and enhanced DBS roles are different.
Rehabilitation periods: when a conviction becomes spent
| Sentence | Aged 18 or over at conviction | Aged under 18 at conviction |
|---|---|---|
| Custody over 4 years | 7 years after the sentence ends | 42 months after the sentence ends |
| Custody over 1 year and up to 4 years | 4 years after the sentence ends | 2 years after the sentence ends |
| Custody of 1 year or less | 12 months after the sentence ends | 6 months after the sentence ends |
| Fine | 12 months from conviction | 6 months from conviction |
| Community order or youth rehabilitation order | When the order ends (or 2 years from conviction if no end date) | Same |
| Conditional discharge | When the order ends | Same |
| Absolute discharge | Spent immediately | Spent immediately |
| Compensation order | When paid in full | When paid in full |
| Driving endorsement | 5 years from conviction | 2 years 6 months from conviction |
| Driving disqualification | When the ban ends | When the ban ends |
| Simple or youth caution | Spent immediately | Spent immediately |
| Conditional caution | 3 months, or when it ends if sooner | Same |
"The sentence ends" means the end of the whole sentence, including any time on licence, not your release date.
Convictions that are never spent
Excluded sentences
- Life imprisonment and custody for life
- Imprisonment or detention for public protection (IPP)
- Detention at His Majesty's pleasure
- Sentences of over 4 years for serious violent, sexual or terrorist offences listed in Schedule 18 of the Sentencing Code
Suspended sentences
A suspended sentence is treated the same as immediate custody. The rehabilitation period is based on the length of the prison term, not the suspension period.
More than one conviction
If you are convicted again during a rehabilitation period, neither conviction becomes spent until both periods have ended. If the first conviction was already spent before the new one, it stays spent.
GOV.UK has a free online tool, "Check when your conviction or caution is spent", that works out your date. It does not ask for your name and does not save what you enter.
The four types of DBS check
| Check | What it shows | Who can ask for it | Cost from 5 October 2026 |
|---|---|---|---|
| Basic | Unspent convictions and conditional cautions | Any employer, or you for yourself | £20 |
| Standard | Spent and unspent convictions, cautions, reprimands and final warnings, unless filtered | Employers, only for eligible roles | £20 |
| Enhanced | Everything in a standard check, plus relevant information held by local police | Employers, only for eligible roles | £41 |
| Enhanced with barred lists | Everything in an enhanced check, plus whether you are barred from working with children or adults | Employers, only for eligible roles | Not stated in the fee announcement |
The DBS Update Service costs £15 a year from 5 October 2026. Checks for volunteers remain free.
DBS filtering rules
Filtering removes some old, minor records from standard and enhanced checks. These are the current DBS filtering rules.
| Record | Filtered (not shown) after |
|---|---|
| Adult conviction | 11 years, if it did not lead to custody and is not a specified offence |
| Conviction while under 18 | 5.5 years, on the same conditions |
| Adult caution | 6 years, if not for a specified offence |
| Caution, reprimand or warning received under 18 | Not shown |
Records that are always shown on standard and enhanced checks
- Any conviction that led to a custodial sentence
- Convictions and adult cautions for offences on the DBS list of "specified offences"
- Anything still unspent
On an enhanced check, the police can still add information they reasonably believe is relevant.
When do you have to tell an employer?
| Your situation | Do you have to disclose? |
|---|---|
| Unspent conviction, employer asks | Yes |
| Unspent conviction, employer does not ask | No legal duty, though honesty can build trust |
| Spent conviction, basic check role | No |
| Spent conviction, standard or enhanced role, not filtered | Yes, if asked |
| Spent conviction that is filtered | No |
GOV.UK gives three examples:
- Bartender (basic check): no need to mention a spent community order
- Locksmith (standard check): disclose a spent fine
- Teacher (enhanced check with barred list): disclose a spent absolute discharge
These examples assume the conviction has not been filtered. If it is old enough to be filtered (see the filtering rules above), it will not appear on a standard or enhanced check and you do not have to disclose it.
What if I do not disclose an unspent conviction?
The employer may find out from a DBS check. GOV.UK warns this could lead to your application being rejected, a job offer being withdrawn, or even a criminal charge.
Can an employer refuse me because of a spent conviction?
Not usually. It is against the law to refuse someone because of a spent conviction, unless it makes them unsuitable for the role. GOV.UK's example is a driving conviction for someone applying to be a driving instructor.
Ban the Box
Ban the Box is a campaign by the charity Business in the Community. Employers who sign up remove the criminal record tick box from application forms and ask later in the process, if at all. It is voluntary, not a legal duty.
In February 2016 the Civil Service announced it would stop asking about convictions at the initial application stage, and ask later in the process instead. Roles with special security needs, such as prison officers, are exempt.
Working for yourself
Self-employment can avoid some of the barriers of job applications. You can request a basic DBS check on yourself to show customers. If your work is in an eligible role and you are paid, you can apply for an enhanced check yourself.
Some trades and professions have their own licensing rules and checks, so check with the relevant regulator before you invest time or money.
Insurance and housing
You do not have to tell an insurer or a housing provider about a spent conviction. If you are asked about unspent convictions, answer honestly. This matters for business insurance if you become self-employed.
How to approach job hunting with a record
- Work out your dates. Use the GOV.UK spent conviction checker so you know exactly what is unspent.
- Know which check the job needs. Ask the employer, or use GOV.UK's tool to see if a role qualifies for a standard or enhanced check.
- Get your own basic check if you want to see what an employer will see.
- Prepare a short disclosure statement. Say what happened, take responsibility, and focus on what has changed, such as courses, work or training.
- Target supportive employers, including Ban the Box signatories and employers who recruit prison leavers.
- Start before release. Our guides to prison jobs, education and training and preparing for release cover work you can do inside and on day release.
While you look for work, our guide to benefits and Universal Credit after prison explains what support is available.
For families
If someone close to you is looking for work after a conviction, the most useful help is practical: working out their spent dates with the GOV.UK checker, helping with applications and practising how to explain their record. Their conviction is theirs to disclose, not yours.
Frequently asked questions
Do I have to disclose a criminal record on a job application?
Only if you are asked. You should disclose unspent convictions when asked. Spent convictions only need disclosing for roles that qualify for a standard or enhanced DBS check, and only if they are not filtered.
How long until my conviction is spent?
It depends on the sentence. For adults, a fine is spent after 12 months, custody of up to 1 year 12 months after the sentence ends, custody of 1 to 4 years after 4 years, and custody over 4 years after 7 years, unless the offence is excluded.
What shows on a basic DBS check?
Only unspent convictions and conditional cautions. Once a conviction is spent, it no longer appears on a basic check. A basic check costs £20 from 5 October 2026.
Does a suspended sentence show on a DBS check?
Yes, while it is unspent. It is treated like a prison sentence of the same length, so 12 months or less is spent 12 months after the sentence ends. On standard and enhanced checks, convictions that led to a custodial sentence are never filtered.
Can an employer sack me for a spent conviction?
Generally no. Under the Rehabilitation of Offenders Act 1974, a spent conviction is not a proper ground for dismissal. The exceptions are roles covered by standard or enhanced checks where the conviction makes you unsuitable.
Do cautions show on a DBS check?
A simple caution is spent immediately and does not appear on a basic check. A conditional caution is spent after 3 months. On standard and enhanced checks, adult cautions are filtered after 6 years unless they are for a specified offence.
Can I work for myself with a criminal record?
Yes. A criminal record does not stop you working for yourself. You can request your own basic DBS check, and an enhanced check if your role is eligible and paid, but check any licensing rules for your trade.
Sources and how we checked this page
This page was written by Daniel Hockey and checked on 8 October 2026 against:
- GOV.UK: Rehabilitation periods
- Rehabilitation of Offenders Act 1974, section 4 (legislation.gov.uk)
- Rehabilitation of Offenders Act 1974, section 5 (legislation.gov.uk)
- GOV.UK: Telling an employer about your criminal record, what information you need to give
- GOV.UK: Check if your conviction or caution is spent
- DBS: New filtering rules for DBS certificates (from 28 October 2023)
- GOV.UK: Request a basic DBS check
- GOV.UK: Criminal record checks when you apply for a role
- DBS: DBS reduces fees for checks and Update Service from 5 October 2026
- GOV.UK: Employing prisoners and ex-offenders
- Civil Service blog: Ban the box
This page is general information about the law in England and Wales, not legal advice. Every case depends on its facts. Speak to a qualified solicitor about your situation.