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.
Learn what spent convictions are under the Rehabilitation of Offenders Act 1974 in England and Wales, how they differ from unspent convictions, how long it takes for convictions to become spent, and how spent convictions affect DBS checks and disclosure requirements.
A spent conviction is a key concept in the criminal justice system of England and Wales that determines how long a conviction must be considered when applying for jobs, education, housing, insurance and licences. It stems from the Rehabilitation of Offenders Act 1974 (ROA) and later reforms, which are designed to promote rehabilitation by allowing many convictions and cautions to become “spent” after a defined period. Once a conviction is spent, in most cases the individual does not have to disclose it and can be treated in law as if they had never committed that offence.
This article explains what spent convictions mean, how they differ from unspent convictions, how they affect criminal record checks and disclosure obligations, and how long it takes before a conviction becomes spent.
What Does “Spent” Mean?
A conviction or caution becomes spent when the legally prescribed rehabilitation period has passed without further offending. After this period, most people do not have to disclose the conviction or caution, and for many purposes under the law the individual is regarded as rehabilitated.
Under the ROA, when a conviction becomes spent a person is treated “for all purposes in law as though he or she had not committed” the offence, subject to certain exceptions.
However, spent convictions remain on police records and may still appear on certain detailed criminal record checks (known as standard or enhanced checks) or in circumstances where the law specifically permits disclosure.
Spent Versus Unspent Convictions
Unspent Convictions
A conviction is unspent if it is still within its rehabilitation period. This means:
- It must be disclosed if an employer or other organisation asks about convictions.
- It will show up on all levels of Disclosure and Barring Service (DBS) checks, including basic, standard and enhanced checks.
Spent Convictions
A conviction becomes spent once the rehabilitation period has ended. Once spent:
- You do not normally have to disclose it when applying for most jobs, insurance, housing or education courses.
- It does not show up on a basic DBS check.
- It may still appear on standard or enhanced DBS checks, unless protected by DBS filtering rules.
There are exceptions where even spent convictions must be disclosed, such as certain regulated professions and roles involving work with children or vulnerable adults. These exceptions are set out in the ROA Exceptions Order.
How Long Before a Conviction Becomes Spent?
The length of time before a conviction becomes spent depends on the type of sentence or disposal imposed and the age of the offender at the time of conviction. These timeframes are known as rehabilitation periods and have been updated by recent reforms.
Current Rehabilitation Periods
The most recent reforms to the ROA came into force on 28 October 2023 under the Police, Crime, Sentencing and Courts Act 2022 and generally shortened rehabilitation periods for many sentences.
Although exact periods vary depending on circumstances, a broad summary is:
- Absolute discharge – becomes spent immediately.
- Community orders and some non‑custodial sentences – spent when the order ends.
- Custodial sentences of up to one year – typically spent 1 year after end of sentence (including licence period).
- Custodial sentences between one and four years – typically spent 4 years after end of sentence.
- Custodial sentences over four years – usually will also become spent after a longer period (often up to 7 years) unless the offence is of a serious type that is excluded from rehabilitation.
These periods are generally shorter for offenders who were under 18 at the time of conviction.
Convictions That Never Become Spent
Certain convictions never become spent and must always be disclosed. This typically includes:
- Serious violent offences
- Serious sexual offences
- Terrorist offences
- Some offences carrying prison sentences over four years that are listed in law as excluded from rehabilitation.
Once a conviction that will never become spent has been imposed, any other unspent convictions at the time may also remain unspent.
How Spent Convictions Affect DBS Checks
The Disclosure and Barring Service (DBS) provides different levels of criminal history certificates used by employers and other organisations.
- A basic DBS check shows only unspent convictions and cautions. It will not show spent convictions.
- Standard and enhanced checks may show spent and unspent convictions, unless they are subject to DBS filtering rules that remove certain old or minor convictions.
Even where spent convictions do not appear on basic DBS checks, organisations undertaking standard or enhanced checks may still see them, particularly for roles exempt from the ROA or where police forces consider the information relevant.
Disclosure Obligations and Rights
When Disclosure Is Required
If a conviction is unspent and an employer or organisation asks about convictions, you must legally disclose it. Failure to do so when required can have serious consequences, including withdrawal of job offers or disciplinary action.
For spent convictions, you do not have to disclose them when applying for most roles or services, unless:
- The role is exempt from the ROA, such as jobs in childcare, healthcare or roles requiring vetting under national security rules.
- A standard or enhanced DBS check is required and the spent conviction is not filtered.
Protections Against Discrimination
Under the ROA, it is generally unlawful to discriminate against someone solely on the basis of a spent conviction when considering them for most jobs or opportunities.
Practical Examples
Example 1: Minor Conviction Becomes Spent
Alice received a fine for a minor offence and served her sentence. After the rehabilitation period passes, her conviction becomes spent. She does not have to disclose it on most job applications, and it will not appear on a basic DBS check.
Example 2: Serious Offence Never Spent
Ben receives a custodial sentence for a serious violent offence. Under the law, this conviction may never become spent. It must always be disclosed when required, and will appear on all relevant DBS checks.
Common Questions from our Readers
Does a Spent Conviction Disappear from Police Records?
No. A spent conviction remains on police systems such as the Police National Computer, but its status affects disclosure obligations and how it appears on criminal record checks.
Do I Have to Tell an Employer About a Spent Conviction?
For most roles, no. If an employer asks about convictions and the conviction is spent under the ROA and not exempt, you do not have to disclose it. However, for certain regulated roles or where DBS checks are required beyond basic level, disclosure may be necessary.
Key Takeaways
A spent conviction is a conviction that has passed its rehabilitation period under the Rehabilitation of Offenders Act 1974 and subsequent reforms. Once spent, most people do not have to disclose the conviction in applications for jobs, education, housing or insurance, and it does not appear on basic DBS checks. However, spent convictions may still appear on standard or enhanced DBS checks and must be disclosed in some regulated roles. Certain serious offences may never become spent and remain disclosable indefinitely. Understanding spent convictions helps individuals and organisations navigate disclosure requirements and make informed decisions about criminal history.
