Criminal Record DR30 - will this effect mortgage application

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Comments

  • MWT
    MWT Posts: 9,249 Forumite
    First Anniversary First Post Name Dropper
    edited 29 August 2020 at 9:13AM
    I wouldn't say I had a criminal conviction for a speeding ticket. They really don't care about that. They are just asking if you have a criminal record. 
    I think this is where the phrasing on the Santander website gets confusing, a conviction for a 'minor traffic offence' wouldn't be on the criminal record in the first place so if they only care about what is on the record then they don't need to say that they don't care about 'minor' offences.
    If the question was 'do you have any criminal convictions' then it would make sense to exclude minor offences.
    Either way, in the case of the OP the offence is not minor so the point is moot I guess.

  • I was under the impression that drink drive offences were spent after 5 years. Is that not the case? I appreciate the conviction stays on your licence much longer but I thought after five years it would be spent. May be worth checking out the rehabilitation of offenders act. You may not have to declare it at all if it was spent by 2019.
  • 917700
    917700 Posts: 186 Forumite
    First Post Name Dropper
    I was under the impression that drink drive offences were spent after 5 years. Is that not the case? I appreciate the conviction stays on your licence much longer but I thought after five years it would be spent. May be worth checking out the rehabilitation of offenders act. You may not have to declare it at all if it was spent by 2019.
    Thanks for the information. You are correct, under rehabilitations of offenders act, my conviction is spent now.

    The endorsement stays 11 years on the driving license. 
  • 917700 said:
    I was under the impression that drink drive offences were spent after 5 years. Is that not the case? I appreciate the conviction stays on your licence much longer but I thought after five years it would be spent. May be worth checking out the rehabilitation of offenders act. You may not have to declare it at all if it was spent by 2019.
    Thanks for the information. You are correct, under rehabilitations of offenders act, my conviction is spent now.

    The endorsement stays 11 years on the driving license. 

    Just to clarify that it is the type and length of sentence that determines the rehabilitation period and when a conviction becomes spent, not the offence. If you were sentenced in 2014 for failing to provide a specimen and had no other previous convictions, it would be spent by now. The maximum sentence for failing to provide a specimen is 6 months in prison. If you had received a prison sentence of this length or shorter, the conviction would become spent two years after you completed the sentence, so by 2017 at the latest. A lesser sentence such as a fine or community order would have a shorter rehabilitation period. If you have other convictions it is possible for the conviction to still be unspent.
  • 917700
    917700 Posts: 186 Forumite
    First Post Name Dropper
    917700 said:
    I was under the impression that drink drive offences were spent after 5 years. Is that not the case? I appreciate the conviction stays on your licence much longer but I thought after five years it would be spent. May be worth checking out the rehabilitation of offenders act. You may not have to declare it at all if it was spent by 2019.
    Thanks for the information. You are correct, under rehabilitations of offenders act, my conviction is spent now.

    The endorsement stays 11 years on the driving license. 

    Just to clarify that it is the type and length of sentence that determines the rehabilitation period and when a conviction becomes spent, not the offence. If you were sentenced in 2014 for failing to provide a specimen and had no other previous convictions, it would be spent by now. The maximum sentence for failing to provide a specimen is 6 months in prison. If you had received a prison sentence of this length or shorter, the conviction would become spent two years after you completed the sentence, so by 2017 at the latest. A lesser sentence such as a fine or community order would have a shorter rehabilitation period. If you have other convictions it is possible for the conviction to still be unspent.
    Thanks for the information. I had £700 fine and 12 months disqualification in 2014. 

    I also had a SP30 in February 2017. This endorsement is expired on my driving license now. But I found some people says SP30 will take 5 years to become spent under rehabilitations if offender act. This make me confuse again. The full description of SP30 is Exceeding statutory speed limit on a public road. Do I need to declare this for 5 years?
  • 917700 said:
    917700 said:
    I was under the impression that drink drive offences were spent after 5 years. Is that not the case? I appreciate the conviction stays on your licence much longer but I thought after five years it would be spent. May be worth checking out the rehabilitation of offenders act. You may not have to declare it at all if it was spent by 2019.
    Thanks for the information. You are correct, under rehabilitations of offenders act, my conviction is spent now.

    The endorsement stays 11 years on the driving license. 

    Just to clarify that it is the type and length of sentence that determines the rehabilitation period and when a conviction becomes spent, not the offence. If you were sentenced in 2014 for failing to provide a specimen and had no other previous convictions, it would be spent by now. The maximum sentence for failing to provide a specimen is 6 months in prison. If you had received a prison sentence of this length or shorter, the conviction would become spent two years after you completed the sentence, so by 2017 at the latest. A lesser sentence such as a fine or community order would have a shorter rehabilitation period. If you have other convictions it is possible for the conviction to still be unspent.
    Thanks for the information. I had £700 fine and 12 months disqualification in 2014. 

    I also had a SP30 in February 2017. This endorsement is expired on my driving license now. But I found some people says SP30 will take 5 years to become spent under rehabilitations if offender act. This make me confuse again. The full description of SP30 is Exceeding statutory speed limit on a public road. Do I need to declare this for 5 years?

    Having looked into it further, if your licence is endorsed there is a five year rehabilitation period. Therefore you would have to declare the speeding offence, associated with the endorsement, until February 2022.

    It does seem unfair as the rehabilitation period for endorsements is longer than the rehabilitation period of any sentence up to 2.5 years in prison. Apparently the anomaly is due to the insurance industry.

    To get the final word on what covictions are spent, you can apply for a DBS check on yourself. It costs £23 and will tell you which of your convictions are currently not spent. It is what an employer would see if they did a check on you.

    Your original query was about the Santander lending criteria. I've never seen a speeding offence appear on an individual's criminal record and it may be treated by Santander as a minor motoring offence, so could be disregarded by them whether spent or not. Might be worth asking them if that is the case.




  • 917700 said:
    917700 said:
    I was under the impression that drink drive offences were spent after 5 years. Is that not the case? I appreciate the conviction stays on your licence much longer but I thought after five years it would be spent. May be worth checking out the rehabilitation of offenders act. You may not have to declare it at all if it was spent by 2019.
    Thanks for the information. You are correct, under rehabilitations of offenders act, my conviction is spent now.

    The endorsement stays 11 years on the driving license. 

    Just to clarify that it is the type and length of sentence that determines the rehabilitation period and when a conviction becomes spent, not the offence. If you were sentenced in 2014 for failing to provide a specimen and had no other previous convictions, it would be spent by now. The maximum sentence for failing to provide a specimen is 6 months in prison. If you had received a prison sentence of this length or shorter, the conviction would become spent two years after you completed the sentence, so by 2017 at the latest. A lesser sentence such as a fine or community order would have a shorter rehabilitation period. If you have other convictions it is possible for the conviction to still be unspent.
    Thanks for the information. I had £700 fine and 12 months disqualification in 2014. 

    I also had a SP30 in February 2017. This endorsement is expired on my driving license now. But I found some people says SP30 will take 5 years to become spent under rehabilitations if offender act. This make me confuse again. The full description of SP30 is Exceeding statutory speed limit on a public road. Do I need to declare this for 5 years?
    This info is not stored anywhere in public record and no mortgage company is going to care about minor speeding offence. I wouldn't even confuse matters saying anything in application.
  • Minor speeding offence ! ( thats the SP30) is of no interest to mortgage companies - it is NOT a criminal conviction. It is an endorsable traffic offence. Thats all 
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