theForum

Any criminal records?


https://forum.unlock.org.uk/Topic35430.aspx

By marcovanba - 6 May 25 1:29 PM

Hi everyone,

I am in the process of applying for a flat in a build to rent property in England.

We actually own a property in Scotland where I have lived since 2018 and do not have a mortgage.

The reason for the short rental is to see whether we actually like the area before committing.

However.... on the application it asks "Any criminal records?" No reference to spent or unspent.

I was given a 2 year suspended sentence for fraud in 20215, so my conviction became spent on 25th February 2021.

I am not sure if I should answer yes or no here.

It is spent, however that's not what the question is.

Any advice would be appreciated.

Thanks,
By marcovanba - 6 May 25 4:07 PM

Evan Davis - 6 May 25 3:06 PM
AB2014 is completely correct - the Rehabilitation of Offenders Act 1974 applies in this situation and as a rehabilitated person which is recognised under the law, you have no duty to disclose your spent conviction in this circumstance. 

  • So long as the job/role/service that you’re applying for is covered by the ROA, even if you get asked to disclose spent convictions, you don’t have to. For example, if you’re applying for house insurance and get asked “Have you got any spent convictions”, you can withhold details of your spent convictions. In other words, you can ‘legally lie’.

Rehabilitation of Offenders Act 1974 - Unlock

Thank you for responding, appreciate it.

I will not declare it and see what happens