This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Understand when a conviction becomes 'spent' under the Rehabilitation of Offenders Act. Learn how long records last, how they affect DBS checks, and what this means for your employment prospects.
Understanding how long a criminal record lasts in England and Wales is important for anyone with convictions or cautions, as these outcomes can affect employment, housing, insurance, travel and professional licences. This article explains the legal framework governing the duration of criminal records, including what it means for a conviction or caution to become spent, how that affects disclosure requirements, and the practical implications for individuals and organisations conducting background checks.
What Is a Criminal Record?
A criminal record is the official history of a person's interactions with the criminal justice system. It includes cautions, convictions and certain other disposals held on the Police National Computer (PNC). These records may be disclosed through Disclosure and Barring Service (DBS) checks when an individual applies for jobs, licences or courses.
The concept of a criminal record and its duration depends on whether a conviction or caution is spent or unspent under UK law, primarily the Rehabilitation of Offenders Act 1974 (ROA) and recent amendments that came into effect from 28 October 2023.
Spent Versus Unspent Convictions and Cautions
A conviction or caution can be:
- Unspent: still within the defined rehabilitation period and must generally be disclosed to employers or in DBS checks.
- Spent: past the rehabilitation period and usually does not have to be disclosed for most purposes, except in certain roles exempt from ROA protection.
Whether a conviction is spent affects how long it “lasts” in practical terms for disclosure and background checks.
Rehabilitation Periods: How Long Until a Conviction Becomes Spent?
The rehabilitation period is the time after which a conviction or caution becomes spent. This period varies depending on the type of sentence and the age of the individual at conviction. Recent reforms significantly changed these periods.
Key Rehabilitation Periods
Under the Rehabilitation of Offenders Act 1974 as amended:
- Absolute discharge – Conviction is spent immediately.
- Community orders and Youth Rehabilitation Orders – Spent at the end of the order.
- Custodial sentences up to 1 year – Becomes spent 1 year after the end of the sentence (including licence period).
- Custodial sentences over 1 year and up to 4 years – Becomes spent 4 years after the end of the sentence.
These rehabilitation periods start from the end of the sentence (including any licence period for prison sentences) or completion of the order.
Important Exceptions
- Convictions for serious violent, sexual or terrorist offences where the sentence is more than four years never become spent and must be disclosed even on basic DBS checks.
Criminal Records and DBS Checks
Different types of DBS checks disclose convictions for different durations:
- Basic DBS check shows unspent convictions.
- Standard and Enhanced DBS checks may show spent convictions for a period or those that have not been “filtered” under DBS filtering rules.
DBS Filtering Rules
Even after a conviction becomes spent, it might still appear on standard or enhanced checks for a limited time depending on the offence and sentence. In many cases, eligible spent convictions may be filtered out after certain years (commonly 11 years for adults) on standard and enhanced checks unless listed as non‑filterable.
How Long a Conviction Appears on a Criminal Record
Police and Law Enforcement Records
Criminal convictions and cautions remain on the Police National Computer indefinitely or until the individual reaches around 100 years of age. This means the police hold the information even after it is spent under the ROA.
Disclosure for Employment and Other Purposes
For most jobs, once a conviction becomes spent, it:
- Does not need to be disclosed to employers under ROA rules.
- Does not appear on basic DBS checks.
However, for roles exempt from ROA rules (such as working with children or vulnerable adults), even spent convictions may need to be disclosed and may appear on higher‑level DBS checks.
What Happens if There Are Multiple Convictions?
If an individual is convicted again before an earlier conviction becomes spent, both convictions may be considered unspent until the latest rehabilitation period ends. This means the earlier conviction's spent status can be delayed.
Common Misunderstandings
- Criminal records do not automatically disappear with time: even if a conviction becomes spent for disclosure purposes, it still exists on police systems.
- Disclosure requirements vary depending on role: jobs exempt from the ROA may still lawfully ask about spent convictions.
- Spent doesn't necessarily mean hidden on all DBS checks: spent convictions may remain visible on standard or enhanced checks for a period before filtering.
Practical Example
Suppose an adult receives a 6‑month custodial sentence and completes their licence period. Under current ROA rules:
- The rehabilitation period is 1 year from the end of the sentence.
- After that period, the conviction becomes spent for most purposes.
- On a basic DBS check, the conviction will no longer be shown once spent.
- On standard or enhanced DBS checks, it may be disclosed for up to 11 years before DBS filtering rules apply, unless it is a non‑filterable offence.
Key Takeaways
The duration of a criminal record in England and Wales is determined by legal rules about rehabilitation periods and spent convictions under the Rehabilitation of Offenders Act 1974, as updated in October 2023. Whether a conviction is spent affects whether it must be disclosed and how it appears on DBS checks. Most convictions become spent after defined periods that depend on the sentence and age at conviction. Serious offences with sentences over four years generally never become spent and remain unspent indefinitely for disclosure purposes. Understanding these timeframes helps individuals and organisations know how long convictions may affect opportunities such as employment, professional licences and volunteering roles.
