The abortion pardon in 2026 takes effect in England and Wales on 16th November. It covers qualifying past cases involving a person’s own pregnancy and includes changes to criminal records. This guide explains who may qualify, what the pardon means, how DBS checks are affected and what to do if a qualifying record remains.
Change at a glance
Pardons and changes to criminal records
New provisions take effect in England and Wales on 16th November 2026.
WHEN
The provisions come into force on 16th November 2026.
WHAT CHANGES
Qualifying convictions and cautions are pardoned. Relevant records of convictions, cautions, arrests and investigations are subject to deletion or treatment as deleted under the law, so far as reasonably practicable. The rules apply in England and Wales.
WHO IT AFFECTS
Women, living or deceased, with qualifying records relating to their own pregnancy. The Government’s assessment also describes coverage for pregnant trans men in the circumstances set out in the legislation.
WHAT TO DO
You do not need to apply for the pardon. If a qualifying record remains after the provisions take effect, check the official guidance on next steps.
LAST CHECKED: 25th October 2026.
The law is aimed at a specific group of cases. It does not pardon every offence connected with abortion, and it does not change the wider legal framework for providing abortion services.
Abortion pardon 2026: what changes on 16th November?
Section 241 of the Crime and Policing Act 2026 changed the criminal law for women acting in relation to their own pregnancies and came into force when the Act received Royal Assent on 29th April 2026. Section 242 is a separate change: it provides pardons for qualifying past convictions and cautions, and rules for removing related information from official records. Section 242 comes into force on 16th November 2026.
The law covers relevant convictions and cautions. It also provides for relevant details of arrests and investigations to be deleted from official records, even where the case did not result in a conviction or caution. Organisations responsible for these official records must remove information they know about, as far as reasonably possible.
Why is the Government introducing these pardons?
The Government says the purpose is to pardon people with qualifying past convictions or cautions for abortion-related offences committed when acting in relation to their own pregnancies, and to prevent details of qualifying convictions, cautions, arrests and investigations from appearing on Disclosure and Barring Service (DBS) checks. Parliament’s assessment recognises the particular vulnerability of this group. The provisions also cover qualifying cases that did not lead to a conviction.
Two changes, with different purposes
Section 241: changes the criminal law for a woman acting in relation to her own pregnancy.
Section 242: provides pardons for qualifying past cases and rules for deleting related information from relevant official records.
Who qualifies for the pardon?
The provisions cover a woman, whether living or deceased, who was acting in relation to her own pregnancy and was convicted, cautioned, arrested or investigated because she was suspected of breaking an abortion-related law. The legislation refers to offences including sections 58 and 59 of the Offences Against the Person Act 1861 and the Infant Life (Preservation) Act 1929. The pardon itself applies to qualifying convictions and cautions; qualifying arrest and investigation records are covered by the record-deletion rules.
The Government’s published assessment says the provisions also cover pregnant trans men in the circumstances described by the legislation. Eligibility depends on the facts and the offence involved, so the change should not be read as covering every person prosecuted for an abortion-related offence.
Will my abortion conviction be removed from my criminal record?
If a case qualifies under section 242, the pardon takes effect on 16th November 2026. Organisations responsible for the relevant official records must remove details of qualifying convictions, cautions, arrests and investigations as far as reasonably possible. In some cases, the information may stay in a system, but it must be marked so that it is treated as deleted under the law.
WHAT THE PARDON DOES
Recognises a qualifying past offence through a statutory pardon and supports the removal of relevant record details.
WHAT IT DOES NOT DO
It does not overturn the original conviction or sentence, and it does not guarantee that every reference held by every organisation disappears automatically.
The provisions are intended to stop qualifying details being disclosed on DBS checks. If a record still appears after the change takes effect, contact the organisation responsible for it or the DBS for guidance.
Is this the same as decriminalising abortion?
No. Section 241 of the Crime and Policing Act 2026 changes the criminal law for a woman acting in relation to her own pregnancy. Section 242, which comes into force on 16th November 2026, deals with pardons for qualifying past convictions and cautions and the deletion of related details from relevant official records. These are separate legal changes. The provisions do not remove every abortion-related offence in every circumstance, and offences involving another person’s pregnancy remain outside this specific change.
Which records are covered?
The rules cover relevant official records of qualifying convictions, cautions, arrests and investigations, including cases that did not result in a conviction. The aim is for these details not to appear on DBS checks.
An important limit
The law applies to organisations responsible for the relevant official records and information they know about. They must remove it as far as reasonably possible. This does not mean every mention held by every organisation will automatically disappear.
Could an old abortion-related record still appear on a DBS check?
The provisions are intended to prevent details of qualifying convictions, cautions, arrests and investigations from being disclosed on DBS checks, including relevant cases that did not lead to a conviction. The legal duty has limits, so anyone who sees a record they believe should be covered should check the latest official guidance and contact the organisation responsible or the DBS.
Do people need to apply for a pardon?
You do not need to apply for the pardon. It takes effect on 16th November 2026 if the case qualifies. Organisations responsible for the relevant records must remove qualifying information they know about, as far as reasonably possible.
If you think a record may affect you
- Keep the date of 16th November 2026 in mind.
- If a qualifying record appears after the change takes effect, check the latest official guidance.
- Contact the organisation responsible for the record or the DBS, where relevant, to ask about your specific circumstances.
Does the change apply across the UK?
The relevant provisions in section 242 are marked as applying to England and Wales. They should not be described as a UK-wide change. This article concerns the commencement of the pardon and criminal-record provisions in England and Wales and does not claim that the same arrangements take effect in Scotland or Northern Ireland.
What is not changing?
The Abortion Act 1967 still sets out the rules for abortion services in England and Wales. This change does not alter the usual legal requirements for abortion services, such as the rules about doctors’ approval, pregnancy time limits or where the procedure can take place. The pardon and record changes only cover qualifying cases involving a person acting in relation to their own pregnancy. They do not remove every abortion-related offence for everyone else.
Frequently asked questions
When do the abortion-related pardons come into force?
Section 242 of the Crime and Policing Act 2026 comes into force on 16th November 2026, under the Crime and Policing Act 2026 (Commencement No. 4) Regulations 2026.
Which women qualify for an abortion-related pardon?
The provisions cover a woman, living or deceased, who was convicted, cautioned, arrested or investigated on suspicion of a relevant abortion-related offence when acting in relation to her own pregnancy. The specific circumstances and offence must fall within the law.
Do women need to apply for an abortion conviction pardon?
You do not need to apply for the pardon. It takes effect on 16th November 2026 if the case qualifies. Organisations responsible for the relevant records must remove qualifying information they know about, as far as reasonably possible.
Could an old abortion conviction still show on a DBS check?
The provisions aim to prevent qualifying details from appearing. If a record still appears, check the official guidance and contact the organisation responsible or the DBS.
Are records included if there was no conviction?
Yes. Relevant records of qualifying arrests and investigations can be covered even if there was no conviction or caution, subject to the law’s scope and deletion duty.
Does the pardon apply if the woman has died?
Yes. The legislation expressly covers a woman whether living or deceased.
Does the new pardon apply in Scotland or Northern Ireland?
The section 242 provisions addressed here apply to England and Wales. Do not assume that the same change applies in Scotland or Northern Ireland.
What should I do if a record still appears after 16th November 2026?
Check the latest official guidance and contact the organisation responsible for the record or the DBS, where relevant, to ask how the specific case is being handled.
Official information and sources
Information checked on 25th October 2026. The official sources below explain the commencement date, who is covered and the legislation behind the pardon and record-deletion provisions.
Regulation 3 confirms that section 242 comes into force on 16th November 2026.
The Government’s equalities assessment explains who the pardon and record-deletion provisions cover, including the handling of relevant records.
Part 16 of the Crime and Policing Act 2026 sets out the statutory provisions for pardons and the deletion of qualifying criminal-record information.
The House of Commons Library provides an accessible overview of the legal changes, what remains unchanged and the geographical scope.
Information checked on 25th October 2026. This article is for general information and is not legal advice. Check the official sources for the latest guidance about an individual case.
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