View Full Version : How long are criminal records kept for?


TJC1
21-02-2011, 12:50
say you were a student in scotland, got drunk and got done for breach of the peace, and got a caution, would it show up here?

sccsux
21-02-2011, 12:51
say you were a student in scotland, got drunk and got done for breach of the peace, and got a caution, would it show up here?

Yes, it would show up (a caution stays with you for life, I believe).

TJC1
21-02-2011, 12:54
Some criminal records are kept for 10 years I heard. Adomonishments and minor offences I think. Any know for sure?

sccsux
21-02-2011, 12:57
Some criminal records are kept for 10 years I heard.

What you've actually heard, is that a conviction is classed as "spent" after a certain time (which simply means that you don't have to declare them on any official forms). The record is still maintained and a caution is never expunged (which is why you should not accept a caution).

Glamrocker
21-02-2011, 12:57
All criminal records are kept for life they maybe spent but they are still on record,this is why when a nasty case comes up,paedophilia/child murder etc they are able to publish the persons entire life history.

Mel's Mum
21-02-2011, 13:08
As already said, all criminal records are on file for life and will always show up in a situation where an enhanced CRB check is asked for.

If any sort of official form asks if you have a criminal record, unless the issuer of the form stipulates that they are exempt from the provisions of the Rehabilitation of Offenders Act, then your conviction does not have to be disclosed after 5 years.

sccsux
21-02-2011, 13:16
then your conviction does not have to be disclosed after 5 years.

Some crimes have a longer period before they are classed as spent (IIRC drunk driving is ten years).

Classic Rock
21-02-2011, 13:18
A caution isn't a criminal conviction.

TJC1
21-02-2011, 13:21
I think some are deleted after 10 years, sure I heard this.

fake
21-02-2011, 13:24
quote from wiki:

"A caution is considered to be spent as soon as it is given."

http://en.wikipedia.org/wiki/Spent_conviction#Police_cautions

Mel's Mum
21-02-2011, 13:25
Some crime have a longer period before they are classed as spent (IIRC drunk driving is ten years).

sorry I was trying to keep it concise :)

A caution isn't a criminal conviction.

They still show up on a CRB check though. But yes, if a form simply asked "do you have a criminal conviction", you could quite truthfully say no. However a lot of forms do ask "do you have any criminal convictions, cautions, warnings or reprimands".

TJC1
21-02-2011, 13:26
I mean actual convictions deleted from police files. Think a solictor told me this. Most are not though.

Mel's Mum
21-02-2011, 13:29
I mean actual convictions deleted from police files. Think a solictor told me this. Most are not though.

nothing is ever deleted from police files.

TJC1
21-02-2011, 13:47
How are you so sure?

Mel's Mum
21-02-2011, 13:58
How are you so sure?

I've seen plenty of PNC prints and they go back years. But try http://www.crb.homeoffice.gov.uk/ which might answer any specific questions you have of how your caution could affect you.

TJC1
21-02-2011, 14:02
Who says I have a caution? I want to know which offences are deleted from police files after 10 years, i know some are.

Mel's Mum
21-02-2011, 14:04
Who says I have a caution? I want to know which offences are deleted from police files after 10 years, i know some are.

sorry, my mistake as I was rushing! I meant, the theoretical student in the OP could check how his/her caution would affect him. I didnt realise the topic had changed but as far as I'm aware, no convictions or cautions are ever deleted from the PNC.

sccsux
21-02-2011, 14:15
I want to know which offences are deleted from police files after 10 years

None.

i know some are.

You are wrong. If you want 100% confirmation, why not simply contact one of the police stations and ask them?

TJC1
21-02-2011, 14:17
It was actually the police that told me this.

nickycheese
21-02-2011, 14:18
This might be of interest:
http://www.timesonline.co.uk/tol/news/uk/crime/article4375311.ece

sccsux
21-02-2011, 14:20
It was actually the police that told me this.

Then as I said, go double check:thumbsup: (or speak to a solicitor - but the last time I asked, all crimes remain on file, though you don't have to declare them after the "spent" period has expired - some 5 years, some are 10 and some are never spent).

TJC1
21-02-2011, 14:22
Thats my point, thanks for the info, a minor offence 20 years ago shouldnt proclude you from getting certain jobs. Thats why, I think they have changed the law slightly and certain minor offences are wiped from the police computers.

sccsux
21-02-2011, 14:30
Thats my point, thanks for the info, a minor offence 20 years ago shouldnt proclude you from getting certain jobs. Thats why, I think they have changed the law slightly and certain minor offences are wiped from the police computers.

I think you're confusing "spent" convictions with wiped.

TJC1
21-02-2011, 14:34
I think you're confusing "spent" convictions with wiped.

Nope. I understand the distinction between the two. Put it this way on an enhanced disclosure you are required to name all your convictions. But if that was 20 years ago for a minor offence this may unfairly preclude you from a certain job.
I think thats why wiping some offences would be a lot fairer.

sccsux
21-02-2011, 15:48
But if that was 20 years ago for a minor offence this may unfairly preclude you from a certain job.

You don't have to declare it if the conviction is spent. So you shouldn't be precluded from any job because of a 20 year old conviction as is will be spent.

I think thats why wiping some offences would be a lot fairer.

It may be fairer to some.


I was convicted of driving without insurance 15 years ago. Though the conviction is long since spent and I don't need to declare it, it remains on my record (as testified to last week when I got stopped on my way to Asda because one of my brake lights had failed and the officer did a check on my history).

warrior8
21-02-2011, 18:50
They are not 'deleted' after 10 years. As everyone else has already said you have clearly misunderstood.

See here if you don't believe me

Cautions will always remain on a person's record. There are only exceptional circumstances when a caution could be removed from a person's record and it is anticipated that such incidents will be rare. Examples of such possible circumstances are that it was found that the original arrest or sample was unlawful or where it was found beyond all doubt that no offence existed.

Source: https://www.askthe.police.uk/content/q562.htm

R.A.N.D
21-02-2011, 19:01
basically if you have been done for any thing it stays on your record for life.
http://www.timesonline.co.uk/tol/news/uk/crime/article4375311.ece .it could is a big word

Shogun
21-02-2011, 19:11
I went to run a pub a few years ago and had to go to the police for a licence for the pub the police had a record on me from when I was a 14 year old kid from 40 years ago for daft things I did when I was that age, as far as I can make out they keep records on you for life .

Mel's Mum
22-02-2011, 11:24
I mean actual convictions deleted from police files. Think a solictor told me this. Most are not though.

It was actually the police that told me this.

so why didnt this reliable informant actually tell you which offences could be "wiped off" then? Seriously, nothing is ever "wiped off" - there are different levels of disclosure needed for many different situations and, as said before, in many of these situations convictions can be classed as spent.

TJC1
22-02-2011, 14:30
The Government is reviewing whether the criminal records regime strikes the right balance between respecting civil liberties and protecting the public. It is considering proposals to scale back the use of systems involving criminal records to common sense levels.

The results of this will be published sep 2011, will wipe millions of minor offences off police records if upheld.

sccsux
22-02-2011, 16:12
The Government is reviewing whether the criminal records regime strikes the right balance between respecting civil liberties and protecting the public. It is considering proposals to scale back the use of systems involving criminal records to common sense levels.

The results of this will be published sep 2011, will wipe millions of minor offences off police records if upheld.

Which is the opposite of what you claimed (that there were offences that were already wiped after a period of time - something which was pointed out to you previously to be incorrect, which you claimed was wrong).

So... Are we to see an admittance that you were wrong in your original assertion?

twibstix
22-02-2011, 21:24
nothing is ever deleted from police files.
Oh yes it is. A close relative was arrested for drunk driving and the case went to court where it was thrown out. This left persons fingerprints and dna on record. European court ruling says that if the police have your DNA /fingerprints on file for a particular offense and you are found not guilty of said offence you have every right to request there destruction. He did and they were.

sccsux
22-02-2011, 21:28
Oh yes it is. A close relative was arrested for drunk driving and the case went to court where it was thrown out. This left persons fingerprints and dna on record. European court ruling says that if the police have your DNA /fingerprints on file for a particular offense and you are found not guilty of said offence you have every right to request there destruction. He did and they were.

The DNA database is a completely different issue entirely.

If your close relative was found not guilty (as you say) then there would be no mention of it on their criminal record.

The DNA database issue relates to even being arrested (they take a DNA sample which is recorded) and then released/found not guilty.

WeX
22-02-2011, 21:31
I found this here: http://www.crb.homeoffice.gov.uk/faqs/applicants_-_top_10.aspx#Canmyconvictions Hope it helps.

2. Can my convictions be removed from the Police National Computer?

On the 19th October 2009, a judgement by the Court of Appeal supported retention of criminal convictions on the Police National Computer for policing purposes. In particular the police are obliged, under Part V of the Police Act, to provide the Criminal Records Bureau with access to all convictions held on the PNC.

Therefore, the stepping down of convictions is no longer undertaken. In effect this means that all convictions will be retained on the PNC until an individuals 100th birth date.

Under Part V of the Police Act 1997, the CRB has a statutory duty to include on a CRB certificate details of every conviction, caution, reprimand and warning that is recorded on the PNC.

The CRB are not 'data controllers' of the PNC therefore do not own or determine how information is processed on the PNC.

twibstix
22-02-2011, 21:33
My reply was to the person who stated that the police do not delete anything from their files not in response to the op. Please read my quote. S Y constabulary destroyed the dan samples and fingerprints on instruction from ECHR. I quite agree that this would still be on file had the outcome been different

LadOnDole
22-02-2011, 21:35
Its a bit silly - if it stays on your record for life.

At the age of 16, one lad may have broke another lads nose + hit him over the head with a bottle, then set his rottweiler off to urinate over the victims head..... Yet, 40 years later, this would appear on a CRB check.

We all know that an excitable 16 year old, can turn into a boring 56 year old. The 56 year old may make a perfect vicar, boring, gets on with OAPS, has bad breath and listens to everyones problems.

WE all have a past

Mel's Mum
23-02-2011, 09:57
Oh yes it is. A close relative was arrested for drunk driving and the case went to court where it was thrown out. This left persons fingerprints and dna on record. European court ruling says that if the police have your DNA /fingerprints on file for a particular offense and you are found not guilty of said offence you have every right to request there destruction. He did and they were.

yes I know, I followed this case with interest and well done him for making a change in the law. In my post that you quoted, I was replying to a post from the OP saying that certain convictions are deleted after 10 years so I actually meant things pertaining to a criminal record. In your relative's case he didnt have a criminal record which is why, quite rightly, his identifying marks were deleted. Sorry if I didnt make it very clear.

Shogun
23-02-2011, 11:06
Funny how police can keep records for years for things like in my case for vandalism and drinking under age .but that Huntley who killed theme 2 little girls were was the police records then he had been in trouble before,If the police did say that they would delete records I would not believe them any way unless I was there to see it for my self .

TJC1
23-02-2011, 11:13
The DNA database is a completely different issue entirely.

If your close relative was found not guilty (as you say) then there would be no mention of it on their criminal record.

The DNA database issue relates to even being arrested (they take a DNA sample which is recorded) and then released/found not guilty.

I was right. The Scottish system has a 'weeding' policy which is usually 20 years. It can be 10 years for some very minor offences.

So a minor offence can be spent, after 6 months. It gets removed completely after 10 to 20 years.