Does a Suspended Sentence Go on a Criminal Record?
Does a Suspended Sentence Go on a Criminal Record?
“Does a suspended sentence go on a criminal record?”,
What is a Suspended Sentence?
Key Facts About Suspended Sentences:
They apply to sentences of up to 2 years (or 12 months in Magistrates’ Court). The sentence is only activated if the offender breaches the terms. Offenders may be required to do community service, rehabilitation programmes, or curfews. A suspended sentence is a serious conviction and will appear on a criminal record.Does a Suspended Sentence Go on a Criminal Record?
Yes, a suspended sentence is recorded as a criminal conviction. It will appear on a Police National Computer (PNC) record. It will be disclosed on basic, standard, and enhanced DBS checks (unless spent under the Rehabilitation of Offenders Act 1974). The length of time it remains on record depends on the offence and rehabilitation period.How Long Does a Suspended Sentence Stay on Your Record?
Rehabilitation Periods for Suspended Sentences:
|
Sentence Length
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Rehabilitation Period (Adults)
|
Rehabilitation Period (Under 18s)
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|---|---|---|
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Custodial sentence of 6 months or less
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2 years from the end of sentence
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18 months from the end of sentence
|
|
Custodial sentence of more than 6 months up to 30 months
|
4 years from the end of sentence
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2 years from the end of sentence
|
If the offender commits another crime before the rehabilitation period ends, the conviction remains unspent for longer. If a sentence is more than 30 months, it is never spent and always appears on a record.Will a Suspended Sentence Show on a DBS Check?
Basic DBS Check: Shows unspent convictions. Once a suspended sentence is spent, it no longer appears on this check. Standard DBS Check: Shows both spent and unspent convictions (relevant to employers in certain regulated industries). Enhanced DBS Check: Includes all convictions, spent or unspent, plus any additional information the police consider relevant.Does a Suspended Sentence Affect Employment?
Many employers ask about criminal convictions, and a suspended sentence must be disclosed while it is unspent. For regulated professions (e.g., law, finance, healthcare), a suspended sentence may affect career prospects. Once a conviction is spent, you are legally not required to disclose it to most employers (except for specific regulated roles). If you work in a regulated industry, your employer may still consider spent convictions when making hiring decisions.Does a Suspended Sentence Affect Travel?
USA: Convictions, including suspended sentences, must be disclosed when applying for a visa. You may be refused entry under US immigration laws. Australia & Canada: Applicants with criminal records may need to apply for special permission to travel. EU & Schengen Zone: Generally more lenient, but certain convictions can affect entry. Other countries: Entry restrictions vary, and it’s advisable to check before travelling.Can You Appeal a Suspended Sentence?
If you believe the sentence was too harsh or unfair, you can appeal to the Crown Court. A solicitor can review your case and advise whether an appeal is likely to succeed. If successful, the sentence could be reduced, overturned, or converted to a lesser penalty.How a Solicitor Can Help
Advise on rehabilitation periods and record disclosure rules. Assist with employment or travel-related issues arising from a suspended sentence. Help with record deletion applications (if eligible under exceptional circumstances). Provide representation for appeals if the sentence is considered excessive or unfair.Does a Suspended Sentence Go on a Criminal Record? What You Need to Know
Need expert legal advice? Contact our criminal defence solicitors today for guidance on suspended sentences and criminal record implications.Notice: Informational Content Disclaimer
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