ChatterBank0 min ago
criminal damage
how long does a criminal record (criminal damage) last for insurance disclosure?
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Norman seems to have forgotten about the Rehabilitation of Offenders Act.
While he's correct in stating that a criminal record is for life, all but the most serious of offences become 'spent', for the purposes of insurance applications, after a set period of time.
The relevant period is not directly determined by the nature of the offence but by the sentence imposed by the court. If you were simply fined and/or given a community punishment, the offence becomes spent after 5 years. For a short prison sentence (up to 6 months), an offence becomes spent after 5 years. For a longer prison sentence (up to 2� years) the relevant period is 10 years. The rehabilitation period starts from the date of conviction, not from the date of the offence, and it is halved for those under 17 at the date of conviction. If a further offence is committed before the first offence is spent, the first offence remains unspent until the rehabilitation period for both offences has elapsed.
There are certain circumstances when a criminal conviction is never regarded as spent (e.g. when applying to work with children or vulnerable adults or in circumstances covered by overseas laws, such as visa applications). However, such exceptions don't apply to insurance applications. If you're asked 'Have you ever been convicted of a criminal offence' you can lawfully answer 'No' without fear of prosecution for fraud or of invalidating your insurance.
http://www.lawontheweb.co.uk/rehabact.htm
Chris
While he's correct in stating that a criminal record is for life, all but the most serious of offences become 'spent', for the purposes of insurance applications, after a set period of time.
The relevant period is not directly determined by the nature of the offence but by the sentence imposed by the court. If you were simply fined and/or given a community punishment, the offence becomes spent after 5 years. For a short prison sentence (up to 6 months), an offence becomes spent after 5 years. For a longer prison sentence (up to 2� years) the relevant period is 10 years. The rehabilitation period starts from the date of conviction, not from the date of the offence, and it is halved for those under 17 at the date of conviction. If a further offence is committed before the first offence is spent, the first offence remains unspent until the rehabilitation period for both offences has elapsed.
There are certain circumstances when a criminal conviction is never regarded as spent (e.g. when applying to work with children or vulnerable adults or in circumstances covered by overseas laws, such as visa applications). However, such exceptions don't apply to insurance applications. If you're asked 'Have you ever been convicted of a criminal offence' you can lawfully answer 'No' without fear of prosecution for fraud or of invalidating your insurance.
http://www.lawontheweb.co.uk/rehabact.htm
Chris
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