If the applicant was over the age of 18 at the time of the offence, a conviction will be filtered 11 years after the date of the conviction, and a caution will be filtered 6 years after the date of the caution, provided that the applicant did not go to prison, did not commit any other offense, and the offence was not violent or sexual in nature. If these conditions are met, the conviction will be removed from the public record.
In some cases, convictions may still appear on your DBS check if they were given as part of a plea bargain or otherwise resolved by the court. Even if you were found not guilty, a conviction can be used to deny you employment or impose additional conditions on your license. Convictions also remain on the background check conducted by many employers before they offer you a job.
Once an arrest is reported to us, it goes into our National Crime Information Center (NCIC) database. The NCIC is searchable by law enforcement agencies across the country. If another agency finds information about you in their system, they will send us a copy of your record via Federal Express. We then review the information and if necessary, we will delete yourself from future reports.
Criminal records can affect many areas of your life. They can impact what jobs you can apply for, how much you can be charged for auto insurance, where you can live, etc.
Check out the DBS's list of crimes that will never be filtered from a DBS check for a complete list. Cautions have a two-year filtering term for individuals under the age of 18 and a six-year filtering period for those above the age of 18. Convictions have a filtering term of 5.5 years for individuals under the age of 18 and 11 years for those above the age of 18.
If you have been convicted of a crime that is not on the no filter list, that means your DBS conviction will remain on file for several more years after it expires for example if you are re-licensed every three years then each time you renew your license the previous five years of convictions will also renew. If you are convicted of another crime during that time period, that new conviction will be added to the back end of your DBS report.
Even if you think that your DBS conviction has expired or been removed from your record, it may still appear on the background check done by employers and some government agencies. These include federal jobs such as police officers and staff members at national parks but also includes jobs with private companies and state agencies. In some cases, depending on the type of job, hiring managers may conduct their own independent research regarding your criminal history even though the DBS system provides some information about past convictions. For example, if you apply for a sales position with a company that sells products directly to consumers, they might want to know about any criminal charges filed against you.
Except for jail terms of more than 30 months (2 1/2 years), all cautions and convictions are ultimately expended. In most cases, after a caution or conviction has been expunged under the Act, the ex-offender is not required to reveal or admit its existence. However, this privilege may be withdrawn by certain organizations or individuals who can show that they were harmed by the expunged record.
In order to remain convicted offenders, criminals must either pay a fine or complete community service. If they cannot pay the fine or complete their community service, they will have their conviction recorded as spent.
The amount you can be fined depends on how many previous convictions you have. If you have only one previous conviction, you can be fined up to $10,000; if you have two or more previous convictions, the maximum fine increases to $20,000.
In addition to fines, crimes carry penalties. Some offenses are punishable by imprisonment while others are not. For example, violations of probation orders that do not lead to imprisonment can be punished with a fine. Imprisonment sentences usually last from several days to several years, depending on the crime committed. When someone is released from prison, they must also be released from supervision. Supervision can be removed by a judge at any time if he or she believes it is in the public interest to do so.
Since the date of the conviction for the offense, ten years had elapsed. Therefore, his criminal record would be erased from all law enforcement databases.
A conviction is automatically expunged after the statutory (crime-free) time, which is either 5 years if the individual was not dealt with as an adult or 10 years if the person was dealt with as an adult. However, some convictions may be subject to other periods of exclusion depending on the type of conviction and what action was taken by the court.
Individuals can apply to have their records cleared at any time. This can be done by applying to the Attorney General's Department for compensation.
Those seeking compensation will need to provide evidence that they have been given clear credentials by a security agency relevant to the conviction. This could include affidavits from police officers, prison staff or probation agents stating that the individual is not listed in any databases used by government agencies.
Those who are successful will receive a certificate from the Attorney General's Department confirming that the conviction has been removed from records.
Compensation varies depending on how long the conviction remains on your record and whether it is considered a serious or non-serious crime. Those seeking compensation for minor offences such as trespassing or vandalism may be offered a reduced amount if they agree to have their names published to prevent future convictions affecting their ability to find work.