Criminal Defence
What it is: England and Wales do not have expungement in the American sense, but the Rehabilitation of Offenders Act allows many convictions and cautions to become 'spent' after a rehabilitation period, meaning they generally need not be disclosed. Separately, certain old or minor convictions and cautions are 'filtered' and will not appear on a standard or enhanced Disclosure and Barring Service check. When it applies: These rules are relevant when applying for jobs, insurance, or opportunities that ask about criminal history, and where you want to understand what you must disclose. Some roles, particularly those involving children or vulnerable adults, are exempt and may require disclosure of spent convictions. How a solicitor helps: A solicitor advises whether a conviction or caution is spent, whether it will be filtered from DBS checks, and what you are legally required to disclose in a given situation. They can assist with challenging inaccurate records, requesting deletion of certain police records where appropriate, and advising on disclosure to employers or regulators. First steps: Obtain a copy of your criminal record through a subject access request or basic DBS check, note the dates and outcomes of any convictions or cautions, and seek advice on your disclosure obligations before completing forms. Scotland operates a separate disclosure regime through Disclosure Scotland.
