From 10 March 2014, the rehabilitation periods for criminal convictions will be reduced: Chapter 8 and Sch. 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
For example, a job applicant must disclosure their criminal record for 7 years from the date of conviction - if they have been sentenced to prison for up to 6 months. However, from 10 March 2014, the job applicant would only have to disclosure their criminal record for 2 years starting from the end of the sentence. See the red text in the table below.
The new rehabilitation periods will apply to a conviction/caution before, on, or after 10 March 2014: s. 141(1) of the Act.
A job applicant must always disclose a spent conviction/caution if they are applying for a certain job (e.g. a nurse). But they should not disclose a protected conviction/caution.
For example, a job applicant must disclosure their criminal record for 7 years from the date of conviction - if they have been sentenced to prison for up to 6 months. However, from 10 March 2014, the job applicant would only have to disclosure their criminal record for 2 years starting from the end of the sentence. See the red text in the table below.
The new rehabilitation periods will apply to a conviction/caution before, on, or after 10 March 2014: s. 141(1) of the Act.
A job applicant must always disclose a spent conviction/caution if they are applying for a certain job (e.g. a nurse). But they should not disclose a protected conviction/caution.
Sentence (custodial sentences include licence period) | Current ADULT rehabilitation period, starting from date of conviction | New ADULT rehabilitation period, starting from end of sentence. (with maximum total period of sentence and rehabilitation) | Current YOUTH rehabilitation period, starting from date of conviction | New YOUTH rehabilitation period, starting from end of sentence. (maximum total period of sentence and rehabilitation) |
Absolute discharge | 6 months | None | 6 months | None |
Fine | 5 years | 1 year from conviction | 2.5 years | 6 months from conviction |
Community order | 5 years | 1 year (4 years) | 2.5 years | 6 months (3.5 years) |
0-6 months | 7 years | 2 years (2.5 years) | 3.5 years | 18 months (2 years) |
6-30 months | 10 years | 4 years (6.5 years) | 5 years | 2 years (4.5 years) |
30 months-4 years | Never spent | 7 years (11 years) | Never spent | 3.5 years (7.5 years) |
Over 4 years | Never spent | Never spent | Never spent | Never spent |
Source: Ministry of Justice
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