Under the Rehabilitation of Offenders Act 1974, most cautions and convictions eventually become “spent”, which means they usually need not be declared. This guide summarises the Ministry of Justice guidance on the Act and the Exceptions Order 1975, published on 28 October 2023 after reforms made by the Police, Crime, Sentencing and Courts Act 2022. The guidance describes the position in England and Wales only. Scotland has its own rules and Northern Ireland has separate legislation. This is general information, not legal advice.
What “spent” means
The Ministry of Justice explains that once a rehabilitation period has run, the person is treated as rehabilitated for that offence and is not obliged to declare it for most purposes, such as applying for most jobs, insurance, some educational courses and housing. Unless an exception applies, an employer cannot refuse to employ, or dismiss, someone because of a spent caution or conviction. A dismissal on that ground may raise the issues covered in the guide to unfair dismissal claims.
Rehabilitation periods for adults
The guidance sets out two groups. For custodial sentences, the period is a “buffer” that starts when the sentence ends, including any licence period:
- a custodial sentence of under one year: 12 months;
- a custodial sentence of between one and four years: 4 years; and
- a custodial sentence of more than four years: 7 years, excluding serious violent, sexual or terrorist offences.
The guidance says the buffer periods are halved for people under 18 at conviction. Custodial sentences include suspended sentences. For other outcomes the period runs from the date of conviction or when the penalty was imposed:
- community order: the length of the order, or two years from conviction if it has no end date;
- fine: one year (six months if under 18);
- conditional discharge: the length of the order;
- absolute discharge: no rehabilitation period;
- simple caution: spent immediately;
- conditional caution: three months, or earlier if the caution ceases to have effect; and
- compensation order: spent when paid in full, so proof of payment from the court should be kept.
Sentences that are never spent
The guidance lists sentences excluded from rehabilitation, including life sentences, public protection sentences, and a sentence of more than four years for the serious violent, sexual or terrorist offences listed in Schedule 18 of the Sentencing Code. Longer custodial sentences outside that group can now become spent for the first time. If an order is described as “indefinite”, the conviction will not be spent until the person returns to court to have the order amended.
New offences and the “drag on” effect
A later caution does not change the period for an earlier conviction. A later conviction does: according to the guidance, neither conviction becomes spent until the periods for both are over. Concurrent sentences from the same proceedings are treated as one term with the longest period applying, and consecutive sentences are added together. Once a conviction is spent it stays spent, even if the person is convicted again.
For road traffic offences, the guidance says an endorsement may become spent after five years (two and a half years if under 18). A fixed penalty notice that imposes no endorsement is not a conviction or caution and falls outside the Act.
Roles where spent convictions must still be disclosed
The Exceptions Order 1975 lists roles and activities where more can be asked, mainly work with children or vulnerable adults, health and social care, the legal system, law enforcement, and some financial positions. The job advert will usually mention a standard or enhanced Disclosure and Barring Service check. For these roles the guidance says spent items must still be disclosed in these circumstances:
- a caution for a specified offence (serious sexual, violent or safeguarding offences), at any time;
- a caution for a non-specified offence, if under six years old;
- a conviction for a specified offence, or one that led to a custodial sentence, at any time; and
- a conviction for a non-specified offence, if under 11 years old for an adult, or 5.5 years for someone under 18 at the time.
Other items are “protected” and need not be disclosed, except for a small number of roles requiring the utmost integrity, such as police constables and judicial appointments, where full disclosure is required.
Insurance, housing and immigration
The guidance states that insurers may ask about convictions, but spent ones need not be disclosed, and a person who is not asked need not volunteer anything. For housing, unspent convictions must be disclosed if asked but spent ones need not be. Immigration and nationality decisions are exempt from the Act, so both spent and unspent convictions can be considered by the Home Office.
FAQs
Is there an official way to check whether a conviction is spent?
Yes. The Ministry of Justice guidance points to a GOV.UK online tool, the Disclosure Checker, and to the charities Nacro and Unlock for advice.
Does a fixed penalty notice count as a conviction?
Generally not. The guidance says fixed penalty notices are not convictions or cautions, except where one imposes a road traffic endorsement.
Does the same law apply across the whole UK?
No. The guidance covers England and Wales. Scotland applies the 1974 Act with differences, and Northern Ireland has its own order.
The bottom line
In England and Wales a caution or conviction becomes spent once its rehabilitation period has run, and most employers, insurers and landlords may then not ask about it. Periods vary from immediate for a simple caution to a sentence-plus-buffer for custody, and a new conviction can extend an earlier one. Roles on the Exceptions Order require more disclosure, and some serious sentences never become spent. For a specific record, the Disclosure Checker or a charity such as Nacro or Unlock can confirm the position. This is general information, not legal advice.
Sources
- Guidance on the Rehabilitation of Offenders Act 1974 and the Exceptions Order 1975, Ministry of Justice, 28 October 2023 (gov.uk)