If you’ve ever been given a police caution, you might be wondering how long it will stay on your record and what that means for your future. Police cautions can be confusing, and understanding how they affect your criminal record, employment, or travel plans is important. This article will explain everything you need to know about police cautions, how long they stay on your record, and what this means for you.
What is a Police Caution?
First, let’s understand what a police caution is. A police caution is a formal warning given by the police when you admit to committing a minor criminal offence. It is a way for the police to deal with less serious crimes without taking the matter to court. When you accept a caution, you admit guilt, but you avoid a full criminal trial.
A caution is not the same as a conviction because only a court can convict you. However, it is still a criminal record. The caution is recorded on the Police National Computer (PNC) and can appear on criminal background checks.
Types of Police Cautions
There are two main types of police cautions you might receive:
- Simple Cautions:
These are for minor offences and usually involve just the warning without extra conditions. Simple cautions become “spent” immediately, which means for many purposes, you do not have to disclose them after you receive them. - Conditional Cautions:
These come with additional requirements such as paying compensation, attending a rehabilitation programme, or other conditions set by the police. You must meet these conditions for the caution to become “spent.” Usually, this happens three months after completing all conditions.
There are also special cautions for young people under 18, which follow similar but slightly different rules.
How Long Does a Police Caution Stay on Your Record?
Police National Computer (PNC)
Once given, a police caution stays on the Police National Computer (PNC) for 100 years unless it is removed in exceptional cases. This means the caution is part of your official criminal record held by the police for a very long time.
Disclosure and Barring Service (DBS) Checks
However, having a caution on your PNC does not mean it will always be visible on all background checks. The Disclosure and Barring Service (DBS) provides different levels of criminal record checks, and cautions appear depending on the type of check and other factors:
- Basic DBS Check:
Shows unspent convictions and cautions that are not yet spent under the Rehabilitation of Offenders Act. Simple cautions usually become spent immediately and do not show up on basic checks. - Standard and Enhanced DBS Checks:
These can show more details, including spent convictions, cautions, reprimands, and warnings depending on the offence. Some cautions will always show on these checks, especially if they relate to serious offences.
Filtering of Cautions
Some cautions can be filtered from DBS checks, meaning they will not show up. The filtering rules depend on:
- The type of offence
- The age at which you received the caution (adult or youth)
- The time passed since the caution was given
For adults:
- Most simple cautions become filtered after six years, so they do not show on standard or enhanced DBS checks after this period.
- However, cautions for “specified offences” (serious crimes listed by the government) are never filtered and always appear on checks.
For young people under 18:
- Youth cautions usually do not show on DBS checks once spent.
- Youth conditional cautions become spent after three months from meeting the conditions and then are generally filtered.
When Do Police Cautions Become Spent?
The concept of a caution being “spent” comes from the Rehabilitation of Offenders Act 1974. When a caution is spent, you no longer have to disclose it in most circumstances, such as applying for most jobs.
- Simple cautions for adults become spent immediately.
- Conditional cautions become spent after three months if all conditions are met.
For young offenders:
- Youth cautions become spent immediately or after three months, depending on whether conditions apply.
Being spent means that the caution is considered “rehabilitated,” and for many purposes, you are treated as if you have not committed that offence.
What Happens if You Get Another Caution or Conviction?
If you receive another caution or conviction after a previous caution, the new one may be taken more seriously. The courts and employers can see your criminal history, and multiple offences could affect decisions on employment, travel, or legal outcomes.
A previous caution can be used as evidence of “bad character” in court, which may influence sentencing or decisions.
Will a Police Caution Affect My Employment?
Whether a police caution affects your job chances depends on several factors:
- The nature of the offence and whether it is relevant to the job.
- The type of DBS check required by the employer.
- Whether the caution is spent or filtered.
For most jobs, spent cautions do not need to be disclosed and should not harm your chances. Employers are legally barred from discriminating against you because of spent cautions.
However, jobs involving working with children, vulnerable adults, healthcare, law enforcement, or national security usually require enhanced DBS checks. Cautions for serious offences related to these fields will almost always be disclosed and could affect your ability to work in those sectors.
Can You Get a Police Caution Removed from Your Record?
Police cautions generally do not get removed automatically. They stay on the PNC for 100 years unless there are exceptional circumstances to delete them. Examples of exceptional circumstances include:
- The original arrest was unlawful.
- Evidence shows beyond doubt that no offence was committed.
If you believe your caution falls under exceptional circumstances, you can apply to the police for removal. However, this is rare and difficult to achieve.
What Should You Do If You Are Offered a Police Caution?
If the police offer you a caution, you have the right to accept or refuse it.
- If you accept, you admit guilt and the caution is recorded.
- If you refuse, the police may decide to prosecute you, leading to a court case.
It is very important to seek legal advice before deciding. A solicitor can explain the implications of accepting or refusing and guide you on the best decision based on your situation.
Summary: Key Points You Should Remember
| Question | Answer |
| How long does a police caution stay on record? | It stays on the Police National Computer for 100 years unless removed under exceptional cases. |
| Does a caution appear on DBS checks? | Depends on the type of DBS check, offence, and if the caution is spent or filtered. |
| When does a caution become spent? | Simple cautions: immediately; Conditional cautions: 3 months after conditions met. |
| Can you refuse a police caution? | Yes, but refusal may lead to prosecution. |
| Can cautions be removed? | Only in exceptional circumstances; removal is very rare. |
| Will a caution affect employment? | Usually no if spent, except for certain sensitive jobs requiring enhanced DBS checks. |
Final Thoughts
Police cautions can have a lasting impact on your record and future opportunities. While they are less serious than convictions, they still count as a criminal record and can appear on background checks depending on the situation.
Understanding how long a caution stays on your record, when it becomes spent, and how it affects your employment or other areas is very important. If you ever find yourself in a situation where a caution is being offered, do not hesitate to get professional legal advice.
Remember, knowing your rights and how the system works is the best way to protect yourself and make informed decisions.
