Common Misunderstandings About Criminal Records
Criminal records can feel confusing and for many people, a little worrying. It’s easy to get these things right and wrong about what stays on your record, who can see it, and how it might affect your future.
At The Johnson Partnership, our teams in Nottingham, Derby and Mansfield regularly speak to people who are unsure where they stand.
The good news? Most of these worries come from misunderstandings. Once you know the facts, things often feel a lot easier to manage.
“All convictions stay on your record forever.”
This is one of the most common misconceptions and thankfully, it isn’t true.
Under the Rehabilitation of Offenders Act 1974, many convictions become spent after a certain period. Once that happens, you usually don’t have to tell most employers about it. The only exceptions are jobs that involve higher level DBS checks, such as teaching, healthcare or certain regulated roles.
If you’re unsure whether your conviction is spent, our Criminal Defence team can help you work it out.
“A police caution is nothing to worry about.”
A caution might feel minor at the time, but it can show up on standard or enhanced DBS checks. This sometimes causes issues when applying for certain jobs.
If the police offer you a caution, it’s always best to get legal advice first. Our Police Station Advice team is available 24/7 to support you.
“If it doesn’t show on a basic DBS check, it doesn’t exist.”
Basic checks only show unspent convictions and nothing more. But standard and enhanced checks can reveal:
- Spent convictions
- Cautions
- Reprimands
- In some cases, relevant police intelligence
So, depending on the role you’re applying for, the type of check matters.
“You must always disclose everything to an employer.”
Not quite.
You only need to disclose what the law requires for the particular job. A lot of people accidentally “over disclose” because they’re unsure what should be shared. If you need guidance, our Regulatory Law team can talk you through what applies to your situation.
“Old or minor convictions never affect your future.”
While many old convictions eventually go, some especially serious offences may stay disclosable. This can impact job applications, visas or international travel.
How The Johnson Partnership Can Help
We specialise in criminal law and understand how stressful and confusing criminal record issues can feel. Whether you need help understanding what’s on your record, whether you need to disclose something, or how it might affect an ongoing investigation, we’re here to support you.
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Frequently Asked Questions
How long does a conviction stay on my criminal record?
It varies. Many become spent after a set time, but some remain disclosable depending on the offence.
Will a caution show up on a DBS check?
It can appear on standard or enhanced checks.
Can employers see spent convictions?
Only if the job requires a higher-level DBS check.
Can you help me understand what's on my record?
Absolutely! Our solicitors can explain everything clearly and help you understand your disclosure duties.
