What is classed as a childhood conviction?
A childhood conviction means that you pleaded guilty to one or more criminal offences, or you were found guilty while you were under the age of 18. A conviction is only considered a childhood conviction if you were under the age of 18 when convicted, not just if you were under the age of 18 when the offence took place. If you were under 18 when the offence took place but convicted after your 18th birthday, the conviction will be considered an adult conviction, and you may be given an adult sentence.
Do I have to disclose a childhood conviction?
This will depend on whether a conviction is spent or unspent. Employers, insurance companies and education providers (e.g. colleges or universities), can ask you about any unspent convictions or cautions.
If employers undertake what is known as Disclosure and Barring Service (DBS) check or a criminal record check, any unspent convictions or cautions will be automatically disclosed.
What is a spent conviction?
DEFINITION
Spent Conviction
An old conviction that is not necessary to disclose to employers and will no longer appear on basic DBS checks.
Sentences received as a child are spent more quickly than adult sentences. Youth cautions, for example, are spent immediately and therefore do not have to be disclosed to employers.
Spent convictions or cautions will not show up on a basic DBS check. However, for certain jobs, such as those involving working with children or vulnerable adults, employers are entitled to ask for either a standard or an enhanced DBS check. These checks will disclose all convictions and relevant allegations. In some circumstances, cautions and a first conviction may be filtered out.
When will my childhood conviction become spent?
When a childhood conviction becomes spent will depend on the type of sentence given to you by the court. See the table below (information interpreted from gov.uk) on when your conviction is considered spent:
| Type of conviction received: | The conviction is spent: |
|---|---|
| Youth Caution (OOCD)* | Spent immediately |
| Youth Conditional Caution (OOCD) ** | After 3 months or when the caution ceases to have effect, if earlier |
| A referral or reparation order, a conditional or an absolute discharge | At the end of the order |
| A fine | 6 months after the fine was imposed |
| A Youth Rehabilitation Order (YRO), including a YRO with Intensive Supervision and Surveillance (ISS) | At the end of the order |
| Imprisonment (Detention and Training Order (DTO) or a sentence of detention) for 12 months or less | 6 months after the sentence is complete |
| Detention or imprisonment between 1-4 years | 2 years after the sentence is complete |
| Imprisonment more than 4 years | 42 months after the sentence is complete |
| Other relevant orders e.g. restraining order | At the end of the order |
*and** OOCDs are not convictions but will appear on a criminal record
What is an unspent conviction?
DEFINITION
Unspent Conviction
A conviction that remains within its rehabilitation period and therefore is visible on your criminal record.
If your conviction is unspent, this means that if you are asked by an employer or insurance provider about any past criminal convictions, you will have to disclose it.
An unspent conviction or caution will show up on all DBS checks. It is a legal requirement to disclose unspent convictions if an employer asks you. Failing to do so is a criminal offence and can result in prosecution.
What is a filtered conviction or caution?
A filtered conviction or caution is not the same as one that is spent. If a conviction or caution is filtered, it means that it is not disclosed on a standard or enhanced DBS check.
Youth cautions (with the exception of Youth conditional cautions), warnings and reprimands will not be automatically disclosed on a standard or enhanced DBS.
Which youth convictions and cautions are filtered?
Youth convictions for a violent and/or sexual offence (excluding common assault) will never be filtered. A list of convictions that will never be filtered can be found on gov.uk.
Youth convictions where a custodial sentence was imposed, including a Detention and Training Order, will never be filtered.
Youth convictions for any other offence where no custodial sentence was imposed will be filtered 5.5 years after the date of conviction.
What are other long-term impacts of a childhood conviction?
Regardless of whether the conviction is spent, a childhood conviction will stay stored on the Police National Computer (PNC) until you turn 100. This means, although the conviction may not have to be disclosed, a record of a childhood conviction will always exist.
The following are some circumstances in which you may be affected by a childhood conviction:
- If you apply for certain jobs that require a high level of security, such as to become a police officer or for security services such as MI5, a childhood conviction, even if filtered, will be disclosed to employers.
- Certain sexual offences will involve notification requirements (i.e. the ‘sex offenders register’) which will require you to keep the Police informed of where you are residing and will prevent you from working with children and vulnerable adults.
- If you are prosecuted for another offence, your criminal record, including your conviction, will be produced in court.
- If you make any immigration applications such as for citizenship or leave to remain.
- If you wish to travel to certain counties, as each country has its own rules about criminal records. In this case, you would need to seek legal advice about the country you’d like to travel to.
- A childhood conviction may be disclosed in other legal proceedings such as family law proceedings or to professionals such as social services.
How can Lawtons help?
The prospect of a childhood conviction is never easy. We understand the distress and uncertainty that comes along with it. At Lawtons, we have a team of specialist youth solicitors who are experienced in handling youth cases and are dedicated to securing the least severe sentence possible for our youth clients. If a child is facing a criminal conviction, protect their future today and contact us on 0333 577 0522 or visit our enquires page.
FAQs about childhood convictions
What’s the difference between a DTO and imprisonment?
Will I be notified when my conviction becomes spent?
Is a Youth Caution or Conditional Caution the same as a conviction?
What is an out-of-court disposal?
