When does a conviction become spent?
Under the Rehabilitation of Offenders Act 1974, most convictions and cautions become spent after a set period, after which they need not be disclosed for most jobs. Life sentences and sentences over 4 years for serious violent, sexual or terrorist offences never become spent.
Rehabilitation periods for adults
Since 28 October 2023 (Police, Crime, Sentencing and Courts Act 2022 s.193), periods for custodial sentences run from the end of the whole sentence, including any licence period:
- Custodial sentence of 12 months or less: 1 year.
- Over 12 months and up to 4 years: 4 years.
- Over 4 years: 7 years, except a sentence over 4 years for a serious violent, sexual or terrorist offence (listed in Schedule 18 to the Sentencing Act 2020), which never becomes spent. Life and public protection sentences are never spent.
- A suspended sentence counts as a custodial sentence of the length imposed.
- Community order or conditional discharge: at the end of the order.
- Fine: 1 year from the date of conviction.
- Absolute discharge: immediately.
- Simple caution: spent immediately. Conditional caution: after 3 months, or when it ceases to have effect if earlier.
- Motoring: an endorsement is spent 5 years after conviction; a disqualification when it ends.
For those under 18 at conviction, most periods are halved, for example 6 months for a fine or a custodial sentence of 12 months or less. A further conviction during a rehabilitation period can extend it, so that neither conviction is spent until the later period ends.
What spent means
Once spent, a conviction or caution generally does not have to be disclosed for most jobs, insurance or other purposes, and it is not a proper ground for refusing someone a job or dismissing them. A basic DBS certificate shows only unspent convictions and conditional cautions.
Exceptions
Spent convictions may still have to be disclosed for roles excepted under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, such as work with children or vulnerable adults, the legal and medical professions, and some financial roles. Standard and enhanced DBS certificates show unspent convictions and cautions, and spent ones unless they are filtered. Under the filtering rules, an adult conviction is generally removed after 11 years (5.5 years if under 18) and an adult caution after 6 years, and youth cautions are not automatically disclosed. Convictions for specified serious offences, and any conviction that led to a custodial sentence, including a suspended one, are never filtered.
In practice
Working out exactly when a conviction becomes spent, and whether filtering applies, can be technical. Advice is worthwhile before a regulated job application or a professional disclosure.
Authorities: Rehabilitation of Offenders Act 1974 ss.4, 5, 6, 8A and Sch.2 (as amended by LASPO 2012 s.139 and Police, Crime, Sentencing and Courts Act 2022 s.193, in force 28 October 2023); Sentencing Act 2020 Sch.18; Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975; Police Act 1997 Part V; Ministry of Justice, Rehabilitation periods (gov.uk); DBS filtering guide (gov.uk)