Don't forget that the notification period for SOR is typically longer than the rehabilitation period for the offence (notification is 5yr-7yr-10yr-indeterminate based on your sentence). Even if your conviction is spent, if you still have to notify the details will be logged in SISII and therefore will flag your passport at UK/EU border controls. Likewise for non-EU travel and green notices - if these are issued, they will be issued for the duration of your notification period.

The good news is that there are plenty of comments elsewhere on the Forum from other members who have travelled freely once their notification period has finished (one specifically mentioned using the automatic gates 2 days after his period was up and they worked...)

I think it’s important to remember that ETIAS will have a soft introduction and not be fully valid until the end of 2020 which is more or less on the same timeline as the transition period.
It’s an absolutely hellhole for me because I am a Greek National and my husband is English on the SOR until August next year. I can’t bear the thought of not being able to go back to Greece with him. Greece has the strictest passport laws so I can’t get him one even though we have been married six years. My parents have been married 42 years yet my mum still doesn’t qualify either!
What I have been told is that EU citizens family members have the right to travel freely with their EU spouses and all visas should be issued free of charge. This then made me wonder if we do not qualify for ETIAS then you apply for a Schengen visa to the country you wish to travel to. I’ve looked at Schengen visa applications to Greece and it doesn’t ask about criminal records. So I may take a pre emotive strike with my husband next year and apply for a Schengen visa for him before ETIAS comes into places, because my understanding is that Schengen trumps ETIAS.
I do wonder also about this whole sis2 thing because from what I’ve seen the records drop off and are held for three months maximum. So if you had a new passport number and you were no longer on the SOR then by rights you could technically side skirt the issue. It also depends how ETIAS decides to define ‘serious crime’ because the idea is that they don’t want people on terrorist watch lists coming in. I imagine being on the SOR would make him automatically qualify under serious crime even though I do believe in Greece the offence he committed is not classified as such.
I spoke with the Home office about this and other non related criminal records things regarding Brexit and they couldn’t answer one question. They don’t know, so it’s all still speculation unfortunately.
In any case, tour operators will start selling summer 2019 holidays soon and they will need to be up on whether UK nationals will need visas so I’d imagine a decision will have to be made soon. 😂

I like your thinking about getting a visa now, but I'm not sure he can get one, because as a UK citizen he already has freedom of movement. As for tour operators, they can just put something in the small print to put the responsibility on travellers to have the necessary documents.   That gets around publishing deadlines and gets them off the hook.   In any case, if we have a transition period, the current rules should apply until the end of the transition, which gives us time to plan what we're all going to do.

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If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

Even on a worse case with a hard brexit and no transition period, if you can 'survive' from March 19th 2019 until August 2019 your husband will then be off the SOR. At that point, get a new UK passport just to be on the safe side (it won't be on the Schengen information system anywhere) and should be good regardless of how ETIAS is implemented.  We are still going to have lots of tourist travel after Brexit and there's no way they will allow ETIAS to have direct access to criminal record information. The only longer term impact will be if you want to move to Greece permanently and the residence visa process may require a police certificate - hopefully for you at that point your husband will have been rehabilitated for a sufficient length of time for the authorities to approve.

I suppose that this may be the case, however, looking at the SIS II declaration 

‘personal data’ means any information relating to an identified or identifiable natural person (data subject); an identifiable person is one who can be identified, directly or indirectly;

Means that a name, DOD and country or origin is enough to identify someone? Therefore, whether you get a new passport, or have a 'flag' removed, 

12.4.   The records may be used only for the purpose mentioned in paragraph 1 and 2 and shall be deleted at the earliest one year, and at the latest three years, after their creation. The records which include the history of alerts shall be erased one to three years after deletion of the alerts.

So, technically they have to remove any data after 3 years... unless

12.5.   Records may be kept longer if they are required for monitoring procedures that are already under way.

Which I suppose means nothing & everything. It would be so easy to argue that it is important to keep the data for a multitude of reasons.

Again, going back to "flags". The flag is not placed on the passport, as passport data is not held in SIS, therefore changing passport would do nothing:

3.   The information on persons in relation to whom an alert has been issued shall be no more than the following:

(a)	surname(s) and forename(s), name(s) at birth and previously used names and any aliases which may be entered separately;

(b)	any specific, objective, physical characteristics not subject to change;

(c)	place and date of birth;

(d)

sex;

(e)	photographs;

(f)	fingerprints;

(g)	nationality(ies);

(h)	whether the person concerned is armed, violent or has escaped;

(i)	reason for the alert;

(j)	authority issuing the alert;

(k)	a reference to the decision giving rise to the alert;

(l)	action to be taken;

(m)	link(s) to other alerts issued in SIS II pursuant to Article 52;

(n)	the type of offence.

I suppose that the key thing is that you have a right to access the information held about you on SIS. From what I have pieced together, the best course of action is to wait 3 years after your 'flag' should have been removed and apply for your information. The one worrying thing for me is that the data is held at a national level - therefore each member state has a copy and can interpret the rules in their own way.

All the information about SIS II is here:https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32007D0533

I learn something every day. That's astounding that SISII operates on a alphanumeric name search (and I assume DOB otherwise far too many false positives) and doesn't use an identity document / passport as the search key.

I think the reason for this is what you suggested earlier - it would be 'easy' to just get a new passport. If they have the component parts of what makes up passport data 'hits' would be more likely.

Hi, thanks for your message.

I understand your point on BREXIT and movement but I think that we are in a period of the unknown and that it may not be good for anxiety to speculate to much. Whilst there is the very real possibility of VISA'S and restrictions there equally may not be any such thing and that movement remains free. BREXIT will change things but no one really knows yet by how much and in what areas. Personally I still think there is a space for a more flexible partnership arrangement that may play out, as the reality of a hard BREXIT is no more favourable for the EU than it is for us.

I agree that we shouldn't be getting too worked up about what the arrangements might be, if any are agreed. It will probably come down to the UK government's internal conflict between taking back control of our borders and still being open for business. A hard Brexit wouldn't suit the EU any more than us, but they would be in a better position to deal with it as their economic fall-out would be shared across 27 countries, while ours would be all ours.

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If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

Interesting clarification from the Home Office today after Sajid Javid statement about the process for EU nationals after Brexit and settled status.

The Home Office said the criminal record checks would be about "serious and persistent criminality, not parking fines".

I'm sure details will drip out through time but some immediate observations:

1. Does not specify whether these will be checks against UK criminal records or those from other EU countries. If only UK, seems to be a bit self-defeating if the government objective is to exclude serious and persistent criminals - it won't identify those who fled from other EU countries to the UK but have kept their nose clean while being in the UK so far..

2. i'm sure in the EU negotiations there will be a quid pro quo which has implications for UK ex-pats living in Spain, France etc.

3. I'm curious to know whether the RoA will apply and consistent with the principles of rehabilitation, or whether there will be an immigration excemption and everything declared

3. I can't wait to see the definition of persistent criminality given the government's current stance to filtering of criminal records (more than one offence, no matter how long ago = never filtered)

The one positive in this whole Brexit fiasco is that most of the EU countries value privacy far higher than the UK when it comes to criminal records and most haven't felt the need to focus on something similar to the ROA as the information is rarely made public.