Last amended by Police, Crime, Sentencing and Courts Act 2022 in 2022. From 28 October 2023, allowed custodial sentences of over 4 years to become spent (after a 7-year period) for non-excluded offences, and reduced several other rehabilitation periods.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Rehabilitation of Offenders Act 1974 allows criminal convictions to become 'spent' after a rehabilitation period, meaning the person is treated as if the offence never occurred. Once spent, convictions need not be disclosed in most employment, insurance, and civil proceedings contexts.
Key Points
- Convictions become spent after a rehabilitation period that depends on the sentence imposed (s.5)
- Once spent, a conviction need not be disclosed for most purposes and a person is treated as a protected person (s.4)
- Exceptions Order — certain roles (law, medicine, teaching, working with children or vulnerable adults, police) require disclosure of convictions that would otherwise be spent
- Standard and enhanced DBS checks reveal convictions where the Exceptions Order applies, subject to the filtering rules
- Since the Police, Crime, Sentencing and Courts Act 2022 (in force 28 Oct 2023), custodial sentences of over 4 years can become spent after a 7-year period — except sentences for serious violent, sexual, or terrorist offences, which are never spent
- Rehabilitation periods were significantly shortened by LASPO 2012 and further reduced by the PCSC Act 2022
Parts & Sections
Amendments History
2022 — Police, Crime, Sentencing and Courts Act 2022
From 28 October 2023, allowed custodial sentences of over 4 years to become spent (after a 7-year period) for non-excluded offences, and reduced several other rehabilitation periods.
2012 — Legal Aid, Sentencing and Punishment of Offenders Act 2012
Significantly shortened rehabilitation periods and extended the Act to longer sentences.
Frequently asked questions
- What does it mean for a conviction to be spent?
- Under the Rehabilitation of Offenders Act 1974, a criminal conviction becomes 'spent' after a specific rehabilitation period. Once spent, the individual is treated as if the offence never occurred for most purposes. This means they generally do not need to disclose the conviction in employment, insurance, or civil proceedings contexts, as they are considered a protected person.
- How long does it take for a conviction to become spent?
- The length of the rehabilitation period depends on the specific sentence imposed. These periods were significantly shortened by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and were further reduced by the Police, Crime, Sentencing and Courts Act 2022. The exact duration is determined by the type of sentence received for the offence.
- Are there jobs where I still have to disclose a spent conviction?
- Certain roles require disclosure of convictions that would otherwise be spent, including positions in law, medicine, teaching, working with children or vulnerable adults, and police work. Standard and enhanced DBS checks reveal these convictions where the Exceptions Order applies, subject to specific filtering rules. This ensures safety in sensitive roles despite general rehabilitation protections.
- Can long prison sentences ever become spent?
- Since 28 October 2023, custodial sentences of over four years can become spent after a seven-year period, provided they are not for serious violent, sexual, or terrorist offences. Sentences for these excluded serious offences are never spent. This change was introduced by the Police, Crime, Sentencing and Courts Act 2022 to allow longer sentences to eventually be rehabilitated.
- What happens if someone wrongly discloses my spent conviction?
- The Act creates specific offences for the unauthorised disclosure of spent convictions by individuals with access to official records. Additionally, in defamation actions, the protection is limited; a defendant may be allowed to prove a spent conviction unless the publication was made with malice. These provisions balance rehabilitation rights with other legal interests.