Information disclosed in a criminal record check (2024)

A basic, standard or enhanced AccessNI check will disclose different types of information about your criminal record history to an employer. Some cautions, fines, offences and spent convictions won't appear. But convictions for certain crimes stay unspent and will always appear on your record.

Different levels of check and disclosures

An AccessNI check is a criminal history record check which provides different levels of information about you. There are three levels of check:

  • a basic check contains details of all convictions considered to be unspent
  • a standard check contains details of all spent and unspent convictions, informed warnings, cautions and diversionary youth conferences
  • an enhanced check contains the same information as a standard check and police records held locally - to workwith children and vulnerable adults, the check may include information held by the Disclosure and Barring Service (DBS)
Level of checkunspent convictionsspent convictionsbarred listsrelevant police informationcaution
Basicyesnononono
Standardyesyesnonoyes
Enhancedyesyesyesyesyes

Penalties and fines excluded from checks

A criminal record check doesn't include:

  • a fixed penalty charge
  • a parking fine
  • some motoring offences
  • a fine for not having a TV licence

Types of criminal record information

Conviction

If you’re prosecuted for an offence in court and found guilty, you have a conviction for that offence.

You might receive:

  • a discharge
  • a fine
  • a prison sentence (including a suspended sentence)
  • community service or other penalty

Spent and unspent convictions

If you're still in your rehabilitation period following a criminal conviction, your conviction is unspent. Any custodial sentence over two and a half years stays unspent.

If you were found guilty of a criminal offence by a court, following thespecified time-period, your conviction will be considered “spent”. The specified time is the rehabilitation period.

Cautions, diversionary youth conference plans and informed warnings are automatically spent.

An AccessNI basic check doesn't include spent convictions.

Sentencerehabilitation period
Over 30 months in prisonnever spent
Over six months but less than 30 months in prisonten years (five years if convicted and person is under18)
Less than six months in prisonseven years (three and a half years if person is under 18 when convicted)
Fine or community service orderfive years (two and a half years if person is under 18 when convicted)
Probationfor the period of the order or one year whichever is longer
Detention in a place directed by Minister of Justice/SofS under Article 45 of CJ (Children) (NI) Order 1998

six months or less – three years

over six months but less than 30 months – five years

Attendance Centre Orders, remand home orders, training school orders, juvenile justice centre ordersone year after order expires
Care and supervision orders under Children and Young Persons' Act (NI) 1998date the order ceases or one year, whichever is longer
Hospital orders under Mental Health Act (NI) 1961 or Mental Health (NI) Order 1986five years from date of conviction or two years after the order expires, whichever is longer
Disqualification and other orders imposing disability, prohibition or other penaltydate the order ceases
Absolute dischargesix months
Any other sentence for which the Order does not specify a specific periodfive years (two and half years if under 18 when convicted)

Other ways offences can be treated

Offences can be treated in different ways. These are sometimes called non-court disposals or diversionary disposals.

Caution

If you admit an offence, the police can give you a caution. A caution is not a conviction. A caution is a warning which is subject to disclosure for six years if you’re an adult, or two years if you’re under 18, unless it is for a specified offence.

Diversionary youth conference

If an offender under 18 admits guilt, they can agree to a diversionary youth conference. They and their parent or guardian go to several meetings that might divertthe young person from criminal behaviour. The diversionary conference is subject to disclosurefor two years after the date accepted, unless it is for a specified offence.

Informed warning

If you admit an offence, the police can give you an informed warning without going to court. A warning is not a conviction. It is subject to disclosurefor 12 months, unless it is for a specified offence. This applies to both adults and young people under 18 years old.

Relevant police information

An enhanced check can disclose non-conviction information or 'soft intelligence’ if the police believe it's relevant to the role you’re applying for and that it should to be disclosed. This could be:

  • an incident that didn't go to court
  • information about an ongoing police investigation

If police disclose information on your certificate but you think it isn't relevant or shouldn't bedisclosed,you canraise a dispute with AccessNI.

Barred list checks

The Disclosure and Barring Service keeps two barred lists:

  • people who are unsuitable for working with children
  • people who are unsuitable for working with vulnerable adults

People on these lists are barred from regulated activity with children and vulnerable adults. It is a criminal offence for someone on these lists to work or apply to work in regulated activity.

To read about roles that are regulated, go to:

  • Regulated activity with vulnerable groups

Filtering criminal records

Sometimes details of your criminal record won’t appear on your disclosure certificate. This is called ‘filtering’. AccessNI filters convictions and cautions for minor or certain old offences from standard and enhanced checks.

Filtering does not remove convictions for serious offences or convictions that resulted in a prison sentence.

Offences that aren't filtered

AccessNI does not filter:

  • a conviction or caution, diversionary youth conference or informed warning for a specified offence
  • a conviction resulting in a custodial sentence (including a suspended sentence)
  • a conviction for trying to commit a specified offence
  • a conviction for encouraging or helping someone else commit a specified offence

Specified offences

Specified offences are serious crimes that will always appear on an AccessNI check no matter when the crime occurred or the offender’s age when convicted.

Specified offences include:

  • murder, manslaughter, kidnap, hijack, money laundering
  • violence
  • sexual crimes
  • safeguarding or child protection matters

If you’re convicted of an offence abroad and the foreign authorities share this information with UK police, this offence could appear on your criminal record in Northern Ireland. AccessNI will not filter an offence if it is equaltoany onthe specified list.

  • AccessNI list of specified offences

Filtered offences

AccessNI filters information about certain convictions and offences.

Conviction18 or over at time of convictionUnder 18 at time of conviction
Convictions for non-specified offencesfiltered after 11 yearsfiltered after five and a half years
Cautions for non-specified offencesfiltered after six yearsfiltered after two years
Diversionary Youth Conferencesn/afiltered after two years
Informed warning for non-specified offencefiltered after one yearfiltered after one year

Examples of filtered records

The examples of filtered records explain when filtering applies to cautions or convictions for minor offences. Real people's names aren't used.

Old and minor offence – conviction and fine

Arnold is 52. He was convicted and fined £50 for common assault in 2006. He didn't serve prison time or geta suspended sentence. This is his only conviction.

This will be filtered because the offence is not on the specified list and the conviction is more than 11 years old.

More than one offence – convictions and fines

Basia is 50. She was convicted and fined £100 for common assault in 2005.In 2006she was convicted and fined £100 for shoplifting. She didn't serve prison time or geta suspended sentence for either offence.

These convictions will be filtered as they are both over 11 years old and the offences are not on the specified list.

Under 18 – conviction and fine for an old offence

Cole is 24. He was convicted of common assault in 2011and fined £200.

This will be filtered because the offence is not on the specified list and the conviction happened over five and a half years ago when Cole was under 18.

Under 18 - conviction and suspended prison sentence

Delia is 20. She was convicted of common assault in 2017. She received six months detention in the Young Offenders Centre, suspended for two years.

This conviction will not be filtered because Delia received a prison sentence.

Specified offence - conviction and fine

Ely is 30. He was convicted of possessing prohibited images of children in 2004. He was fined £500.

This is a single office which happened over 11 years ago. This conviction will not be filtered because it is a specified offence.

Over 18 - caution for a minor offence

Flora is 25. She was cautioned for shoplifting in 2019.

This caution will not be filtered. Flora was over 18 when cautioned. Her caution is eligible to be filtered in 2025, six years after the caution.

Under 18 – caution for a minor offence

Guy is 20. He was cautioned for shoplifting in 2015.

This caution will be filtered because Guy was under 18 when cautioned and over two years have passed since the caution.

Caution and conviction for minor offences (under 18 and adult)

Helga is 21. She was cautioned for shoplifting in 2010. She committed another offence in 2015. She was convicted and fined £100.

The caution will not be disclosed as Helga was under 18 when cautioned. Her separate conviction will be filtered in 2026, provided she has no further convictions.

Informed warning and a caution

Irene is 22. She received an informed warning for theft in 2015and a caution for burglary in 2016.

She has two offences but none of this information will be on her check. Unlike convictions, more than one caution or informed warning can be filtered. The offences aren't on the specified list. More than two years have passed since the caution and one year since the informed warning.

Other information on a standard or enhanced check

Filtering doesn't remove information about your criminal history from your record. It means certain details aren't shown on your AccessNI check.

Sometimes AccessNI filters a caution or conviction but the offence appears on your certificate under “other information”. This happens when police believe a caution or conviction might be relevant to a job and should be disclosed on your certificate.

Independent review of criminal record information

Sometimes before a disclosure certificate is issued, AccessNI will ask for an independent review of criminal record information. An independent reviewer will do the review. The reviewer isn'temployed by AccessNI.

If you were under 18 when convicted, the conviction is now spent and there is no information on adult offences, any criminal record information will go to an independent reviewer.

They'll write and ask if you want to say anything about the disclosure of this information. If you want to give information to thereviewer, you have 14 days to reply.

The independent reviewer might also ask for more information from:

  • police
  • the probation board
  • the Youth Justice Agency

Once the reviewer considers all the relevant information, they'll issue a certificate with:

  • all the criminal record information held about you
  • some but not all of the criminal record information held about you
  • none of the criminal record information held about you

AccessNIwill write and tell you the independent reviewer'sdecision and your certificate will be issued. The independent reviewer's decision is final.

  • Disputing an AccessNI certificate

More useful links

  • Costs and turnaround times
  • Apply for an AccessNI check
  • Using a criminal record check

Contact AccessNI

Contact the AccessNI customer helpline to get advice or help with an application by phone on 0300 200 7888.

Share this page

Information disclosed in a criminal record check (2024)

FAQs

How do you answer do you have a clear criminal record? ›

If you're asked about your criminal background during the interview, be honest and direct in your answer. Then, focus on the positive things you've done since serving your time. By doing this, you'll show the employer your resilience and commitment to change.

What does it mean if your background check says complete? ›

Completed: This status means the background check has been completed for the candidate. Please be advised that the report will still show as Completed even if there are Canceled events such as drug screens or MVR's.

Does a background check show from all 50 states? ›

There is no tool available that allows an employer to conduct a national background check that would encompass all state-level crimes. Since a national background check is not available to employers, many order a multi-state background check in addition to a federal background check.

What criminal background check do most employers use? ›

County criminal history searches are the most common form of criminal background check. These searches allow employers to pull reports from court records of specific counties.

How do you explain a bad background check? ›

Sincerely speak to the feelings you have regarding your behavior – show remorse. In a positive way, state the price you have paid and what you have learned from this experience. Thoughtfully discuss your goals and steps you are taking to achieve them. Discuss what skills you have that meet the needs of the employer.

What is the difference between clear and complete on a background check? ›

Statuses When the Background Check is Done

Clear: The report is complete and does not contain adverse information on any of the screenings. Consider: The report is complete and contains some sort of adverse information to evaluate (criminal records, traffic infractions, or other information).

How do I know if I failed a background check? ›

Reach out to the background check company

They'll let you know if you passed or failed the background check. Likely, they'll be able to give you a report, highlighting any red flags or issues that may have caused you to fail the employment background check.

What if background check is completed but no response? ›

You can feel free to send a follow-up email if you do not get any update even after one week. If you still do not get any response, it means your employer is still engaged in the background checks of other applicants. Hence, you must wait for at least a week to follow up next time for the required details.

What shows up on a BCI and FBI background check? ›

The FBI background check will include a comprehensive criminal record check against the FBI's national database, which will include arrest and conviction history, as well as traffic violations and even parking tickets.

How far back do most employers go for background checks? ›

Pre-employment background checks commonly used by employers typically cover 7 years of criminal records, but can go back further depending on federal and state laws and what type of search is requested. Bankruptcies can go back as far as 10 years. Employment credit checks go back a minimum of 7 years.

What state does not do background checks? ›

For instance, when considering what states do not require a background check, Alaska comes to mind, as it has no regulation regarding criminal checks for employment.

What matters most in a background check? ›

Most background checks focus on the facts of your past employment, like dates and responsibilities, rather than trying to find out about your work performance. Some states have laws regarding what information employers can share during employment verifications. Many employers ask for professional references as well.

What background check do most jobs use? ›

Criminal History

Criminal background checks are used by 94% of employers in the U.S. Employers want to ensure a safe working environment for all employees. Knowing the criminal history of potential hires helps assess whether they might pose a risk to others in the workplace.

What is the highest level of background check? ›

Level 4. The “Level 4” background check is the most comprehensive.

How to answer interview questions about your criminal record? ›

It is up to you, but we recommend honesty. On the application, write ”will discuss in interview” rather than a lengthy explanation of past convictions. In an interview, keep explanations brief, and stress what you have learned from your conviction and time in prison, how you have changed, and your skills or assets.

Should I say I have a criminal record? ›

It's best to be honest, and if an employer discriminates against you for being honest, you can file a complaint. You can also file a complaint if you think an employer doesn't have a good reason to question you about your criminal past. If you received a discharge, you can honestly say you were not convicted.

How do you know if you have a clear background check? ›

If you want to know whether you passed your check, you can either reach out to the employer who requested it or reach out to the background check company itself. Ultimately, you can fight for yourself, especially if you fail your background record check.

What does it mean to have a clear record? ›

An expunged criminal record means it is fully cleared from private and public records. The court issuing the order directs public offices that hold records of the case to destroy them. However, some states like Minnesota use the term "expungement" to actually mean sealing your record.

Top Articles
Latest Posts
Article information

Author: Rob Wisoky

Last Updated:

Views: 5863

Rating: 4.8 / 5 (48 voted)

Reviews: 87% of readers found this page helpful

Author information

Name: Rob Wisoky

Birthday: 1994-09-30

Address: 5789 Michel Vista, West Domenic, OR 80464-9452

Phone: +97313824072371

Job: Education Orchestrator

Hobby: Lockpicking, Crocheting, Baton twirling, Video gaming, Jogging, Whittling, Model building

Introduction: My name is Rob Wisoky, I am a smiling, helpful, encouraging, zealous, energetic, faithful, fantastic person who loves writing and wants to share my knowledge and understanding with you.