Spent Convictions

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.

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 months7 years2 years (2.5 years) 3.5 years 18 months (2 years)
6-30 months10 years4 years (6.5 years)5 years2 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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