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 factDetail
    Main lawRehabilitation 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 checkUnspent convictions only; £20 from 5 October 2026
    Standard DBS checkSpent and unspent records, minus filtered ones; £20
    Enhanced DBS checkAs standard, plus relevant police information; £41
    Volunteer checksFree

    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

    SentenceAged 18 or over at convictionAged under 18 at conviction
    Custody over 4 years7 years after the sentence ends42 months after the sentence ends
    Custody over 1 year and up to 4 years4 years after the sentence ends2 years after the sentence ends
    Custody of 1 year or less12 months after the sentence ends6 months after the sentence ends
    Fine12 months from conviction6 months from conviction
    Community order or youth rehabilitation orderWhen the order ends (or 2 years from conviction if no end date)Same
    Conditional dischargeWhen the order endsSame
    Absolute dischargeSpent immediatelySpent immediately
    Compensation orderWhen paid in fullWhen paid in full
    Driving endorsement5 years from conviction2 years 6 months from conviction
    Driving disqualificationWhen the ban endsWhen the ban ends
    Simple or youth cautionSpent immediatelySpent immediately
    Conditional caution3 months, or when it ends if soonerSame

    "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

    CheckWhat it showsWho can ask for itCost from 5 October 2026
    BasicUnspent convictions and conditional cautionsAny employer, or you for yourself£20
    StandardSpent and unspent convictions, cautions, reprimands and final warnings, unless filteredEmployers, only for eligible roles£20
    EnhancedEverything in a standard check, plus relevant information held by local policeEmployers, only for eligible roles£41
    Enhanced with barred listsEverything in an enhanced check, plus whether you are barred from working with children or adultsEmployers, only for eligible rolesNot 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.

    RecordFiltered (not shown) after
    Adult conviction11 years, if it did not lead to custody and is not a specified offence
    Conviction while under 185.5 years, on the same conditions
    Adult caution6 years, if not for a specified offence
    Caution, reprimand or warning received under 18Not 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 situationDo you have to disclose?
    Unspent conviction, employer asksYes
    Unspent conviction, employer does not askNo legal duty, though honesty can build trust
    Spent conviction, basic check roleNo
    Spent conviction, standard or enhanced role, not filteredYes, if asked
    Spent conviction that is filteredNo

    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

    1. Work out your dates. Use the GOV.UK spent conviction checker so you know exactly what is unspent.
    2. 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.
    3. Get your own basic check if you want to see what an employer will see.
    4. Prepare a short disclosure statement. Say what happened, take responsibility, and focus on what has changed, such as courses, work or training.
    5. Target supportive employers, including Ban the Box signatories and employers who recruit prison leavers.
    6. 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:

    Important

    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.