Remove Criminal Convictions from Search Results

In the UK, approximately 11 million people, or one in six, carry the label of 'criminal' or 'ex-offender’. While there is growing support for better inclusion of people with criminal records, particularly those who have worked hard to turn their lives around, the lingering presence of online information continues to be a significant barrier to progress.

​​The Right to Erasure, also known as the Right to Be Forgotten (GDPR Article 17), offers a solution. The legislation allows individuals to apply to permanently remove certain criminal convictions from search results. This right enables people to rebuild and move forward with their lives.  

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Stopping Enforced Disclosure by Google with the Right to Erasure (aka the Right to be Forgotten). Discover in this 20 minute video how private individuals can apply to search engines to block historic articles under their name, as well as directly to publishers, to request them to delete articles. ​There are many legitimate reasons for removing articles, blocking news reports, photographs and other links from search results, you can read more about these on The Information Commissioner's website https://ico.org.uk/your-data-matters/online/internet-search-results/​ 

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Stopping Enforced Disclosure by Google using The Right to ErasureThe Right to Erasure empowers individuals to request the removal of outdated, inaccurate, excessive, or irrelevant material, particularly when such content has a detrimental or disproportionate impact on their ability to lead a normal life. This is particularly relevant for data related to past criminal convictions. 

Learn more about the importance of the Right to Erasure in such cases and its impact on quality of life. For more details, watch our informative video on ‘Stopping Enforced Disclosure by Google Search, with The Right to Erasure (aka Right to be Forgotten)’.
How Long Does a Criminal Record Last in the UK?The Rehabilitation of Offenders Act (ROA) allows most convictions and all cautions to be considered ‘spent’ after a certain period, known as the ‘rehabilitation period’. The length of this period depends on the type of punishment or sentence received. 

Once your conviction is ‘spent’, you will find: 

• It is no longer on your basic criminal record.
  
  
• It will only show up on a more detailed DBS check ‘enhanced’ unless it’s removed (‘filtered’) from the DBS certificate.

Going forward, your conviction can be kept private from most employers or when applying for most courses, insurance or housing. In fact, the ROA prohibits organisations from requesting information about spent convictions or cautions unless under specific circumstances.

The Problem: Enforced DisclosureDespite the provisions for spent convictions, lingering online articles, images, and other data remain easily accessible through search engines for all to see, effectively forcing disclosure. This means the consequences of a conviction frequently extend beyond the legal rehabilitation period.

Landlords, employers, clients, potential associates, neighbours, and social contacts frequently turn to search engines and social media to research individuals. The widespread availability of online information about past criminal convictions can distort perceptions, limit opportunities, and negatively impact personal lives, hindering an individual’s ability to move forward. Even after serving their time, they and their families may suffer the consequences of past actions.

So, when asking, “How long does a criminal conviction last?” the answer becomes far more complex in the digital age. Although the legal system considers most convictions ‘spent’ after a designated period, the internet never forgets. The consequences of a conviction can persist indefinitely unless this online data is effectively addressed and removed.

How We Can Help
If we want people to rebuild their lives and contribute to society, we must address the legislative gaps around the continuous online publishing of criminal records and the associated backgrounds. ​There must be a timescale for archiving one-sided media reports and an ability to silence third-party commentary. This would give individuals a fair chance to start fresh, build a life and contribute to society.

Until such changes are made, we operate with the existing legal framework to help clients reclaim their online presence. At Internet Erasure, our privacy lawyers utilise the Right to Erasure (GDPR Article 17) and defamation, copyright, safeguarding, harassment, or privacy arguments to facilitate this process. We can assist with: 

• Spent criminal convictions (with some exclusions).
  
  
• People with criminal convictions who received sentences of four years or under, where the convicted person completed their licence more than two years ago.
  
  
• People with criminal convictions who received sentences of over four years more than 10 years ago – excluding serious violent, sexual or terrorism offences under Schedule 18.
  
  
• People who have been acquitted or had charges dropped, including those who have faced evidentially false allegations. We can obtain a copy of a criminal record if necessary to substantiate these claims. 

Considering Public InterestThe Right to Erasure regarding criminal convictions is often challenged by claims that the information is in the 'public interest’. However, we can argue the case on legal grounds and persist with the search engines or the Information Commissioner (ICO). We only accept clients for whom we believe we can achieve results. Therefore, we will work diligently until the search results are removed, regardless of how many submissions, case reviews, or appeals may be required.

Right to KnowYou may wonder, “Aren’t you curious? Don't you want to know someone's past? Don't we have a right to know?”. Removing information about spent convictions does not prevent access to important data. If it is crucial to access certain information, there are established channels available, including:

• The Disclosure and Barring Service (DBS, formerly CRB) 
• The Domestic Violence Disclosure Scheme (also known as Clare's Law) 
• The Sex Offender Disclosure Scheme (also known as Sarah's Law)
• Serious Crime Prevention Orders
• Sexual Harm Prevention Orders 
• Multi-agency Monitoring and Public Protection Arrangements

If It’s Not Essential to Know, We Shouldn’t.Ultimately, the opportunity to prejudge someone based on their past should only be available with appropriate checks and within a balanced disclosure system. Otherwise, we undermine the entire purpose of the Rehabilitation of Offenders Act.

“There is no evidence that a lack of available disclosure has ever compromised public protection needs or that the continuous publication of out-of-date material has ever led to fewer victims of crime. 

On the contrary, historic and excessive negative publicity leads to greater exclusion from employment opportunities, traditional housing supply and from active participation in their communities. It is exactly this exclusion that leads to criminal activity (as well as putting people at risk of vigilantism)” – Ref: "If Criminals Can Change Then So Should Society and Our Prisons" 

Get Support From Internet Erasure Today If you've paid your debt to society but feel trapped by your past convictions due to your online reputation, we encourage you to reach out to our team. Every individual in the UK and EU is entitled to claim the Right of Erasure, and we can help put a stop to your enforced disclosure. 

Contact us for a free consultation by emailing [email protected], calling 020 3576 0356, or messaging via SMS or WhatsApp at 07565 130 116. Alternatively, submit a convenient online initial enquiry form. If we can assist you, we will commit to doing everything possible to help you achieve the clean slate you deserve.