How long does a benefits fraud criminal record last?

To answer this question it is firstly important to understand that someone who has been investigated for benefits fraud will not automatically have a criminal record. The case has to have been taken to a criminal court and the person has to have actually been convicted of defrauding the DWP. Only at this point, do they end up with a criminal record.

In theory, convictions for benefit fraud remain on that person’s criminal record permanently. However, after a period of time they are considered spent and, therefore, in some circumstances, need not be declared.

The time that needs to elapse before the conviction is spent varies. It is to some extent dependent on the nature of the offence and very much depends on the sentence handed out. As an example, a non-custodial sentence would normally be spent after five years, but a person receiving a prison sentence of less than 6 months has to wait 7 years. The Rehabilitation of Offenders Act governs when a conviction is considered spent.

Even when a conviction is spent, it has to be declared in some circumstances. For example, when applying for a Visa to enter the USA even spent convictions must be declared. The list of circumstances in which even a spent conviction must be declared is a long one, and is open to interpretation, so it really does make sense to seek the advice of a lawyer.

Even after the details of an offence have dropped from a person’s criminal record the fact that they were convicted of benefit fraud may still not have expired on the DWP database. Many who have been convicted of benefit fraud think that this means they will not be entitled to claim any future benefits. In reality, this is not the case a previous conviction for benefit fraud does not completely stop someone from claiming state benefits. However, their right to claim certain legitimate benefits will be suspended for at least 4 weeks.

If you want to know how long your conviction for benefit fraud will stay on your criminal record speak to us at Hylton Potts. We have a lot of experience of benefit fraud cases, so can give you clear and tailored advice.