Is a Motoring Conviction A Criminal Conviction?

I was recently asked this question – do my motoring convictions count as criminal convictions?

The short answer is yes. If you are convicted of a motoring offence in Court you will have a criminal conviction. This applies to all motoring offences.

If you are given a fixed penalty notice (FPN) for a minor road traffic offence then that would NOT be recorded as a criminal conviction UNLESS you are given an FPN for a road traffic offence in Schedule 2 of the Road Traffic Offenders Act 1988, and your licence is endorsed. You will then be treated as having been convicted by a Court and also be subject to a rehabilitation period

DO I HAVE TO DECLARE A MOTORING CONVICTION

Our clients often worry about current or future employment, and whether a motoring conviction would be revealed during a criminal record check. This depends on the type of offence with which you are convicted – recordable or non recordable.

Recordable

A recordable offence is one where the police are required to keep a record on the police national computer system (PNC). These offences are revealed by a criminal record check. A motoring offence which would be included on such a check would be a conviction for drink driving.

Non-Recordable

A non recordable offence example is driving with no insurance. However, if convicted of a recordable offence alongside a non recordable, the non recordable offence will show on the police national computer.

Many convictions become spent after a period of time – meaning the full rehabilitation period has been reached and it no longer needs to be declared. A motoring offence is usually spent after 5 years (unless sentenced to a period in prison). If you receive a disqualification alongside the endorsement, the rehabilitation period will be still be 5 years or the length of disqualification if longer.

So in short, yes a motoring conviction can be a criminal conviction, it can be recorded on the police national computer and therefore can show up in a criminal record check.

If you have any questions relating to this or anything else relating to driving matters then please do not hesitate to contact us here or on 01926 886007.