Legislation Update: Criminal Record disclosure

The type of information obtained as part of a criminal record certificate has now changed. The changes follow the Home Office’s introduction of a new filtering system for disclosing information on criminal convictions and cautions which came into force at the end of May 2013. Certain old and minor cautions and convictions will no longer be disclosed in a criminal record certificate from this date.

The new arrangements are intended to provide individuals with the opportunity to leave behind mistakes made when they were young. Certain convictions and cautions will always be disclosed in a criminal record certificate and an extensive list can be found on the link below. These changes relate to England and Wales only.

In relation to convictions committed by an adult, information will not be disclosed where all four conditions outlined below are met:

  • Eleven years have elapsed since the date of the conviction.
  • It is not listed as one of the specified offences which must always be disclosed.
  • It did not result in a custodial sentence.
  • The individual does not have more than one conviction.

Cautions issued to an adult will not be disclosed where:

  • Six years have elapsed since the date of that caution being issued.
  • Where the caution does not appear on the specified list of offences.

In relation to convictions committed by individuals under the age of 18, information will not be disclosed where:

  • Five and a half years have elapsed since the date of the conviction.
  • It is not one of the specified offences which must always be disclosed.
  • It did not result in a custodial sentence. 
  • The individual does not have more than one conviction.

Where the caution was issued to an individual under the age of 18, information will not be disclosed where:

  • Two years have elapsed since the date of issue.
  • The caution does not appear on the list of specified offences.

More Information on Criminal Record disclosure and list of offences that will never be filtered


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