When someone is convicted at court for a criminal offence, that conviction will be disclosable in many situations including, most frequently, applications for employment.
There are, however, powerful controls as to when conviction information should be disclosed. A criminal conviction will need to be disclosed until sufficient time has passed and it has become 'spent'. When a criminal conviction is spent it will not need to be disclosed in the majority of situations. The rules governing the time until a particular conviction becomes spent are provided by Rehabilitation Periods under the Rehabilitation of Offenders Act 1974. It is the sentence imposed for an offence that governs how long the rehabilitation period will be until a conviction becomes spent. The following table shows how long it will take for a particular conviction to become spent depending on the sentence imposed:
Rehabilitation Periods – Section 5 ROA 1974
| Sentence | Rehabilitation period for adult offenders | Rehabilitation period for offenders under 18 at date of conviction |
|---|---|---|
| Custody in excess of 48 months | Never | Never |
| Custody of more than 30 months and up to 48 months | The end of the period of 7 years beginning with the day on which the sentence (including any licence period) is completed | The end of the period of 42 months beginning with the day on which the sentence (including any licence period) is completed |
| Custody of more than 6 months and up to 30 months | The end of the period of 48 months beginning with the day on which the sentence (including any licence period) is completed | The end of the period of 24 months beginning with the day on which the sentence (including any licence period) is completed |
| Custody of 6 months or less | The end of the period of 24 months beginning with the day on which the sentence (including any licence period) is completed | The end of the period of 18 months beginning with the day on which the sentence (including any licence period) is completed |
| Removal from Her Majesty's service | The end of the period of 12 months beginning with the date of the conviction in respect of which the sentence is imposed | The end of the period of 6 months beginning with the date of the conviction in respect of which the sentence is imposed |
| A sentence of service detention | The end of the period of 12 months beginning with the day on which the sentence is completed | The end of the period of 6 months beginning with the day on which the sentence is completed |
| Fine | The end of the period of 12 months beginning with the date of the conviction in respect of which the sentence is imposed | The end of the period of 6 months beginning with the date of the conviction in respect of which the sentence is imposed |
| Compensation order | The date on which the payment is made in full | The date on which the payment is made in full |
| Community Order or youth rehabilitation order | The end of the period of 12 months beginning with the day provided for by or under the order as the last day on which the order is to have effect | The end of the period of 6 months beginning with the day provided for by or under the order as the last day on which the order is to have effect |
| A relevant order including; conditional discharge, referral order, a bind-over post-conviction. | The day provided for by or under the order as the last day on which the order is to have effect | The day provided for by or under the order as the last day on which the order is to have effect |
| Absolute Discharge | Nil | Nil |
There are, however, exceptions to the general principle of rehabilitation when the protections of the Rehabilitation of Offenders Act are not deemed to apply with respect to certain jobs or positions. In these circumstances previous convictions will need to be disclosed even after they are considered spent. These excepted positions include:
Teacher, Healthcare worker, Solicitor, Barrister, Chartered/Certified Accountant, Veterinarian, Judicial positions, HMRC employment, Work with vulnerable people, Provision of Legal Services & Legal Practice, Immigration, Certain licence holders including taxi drivers, Activities with children and child associated professions, work regulated by the Financial Conduct Authority & Prudential Regulation Authority, Banking & Financial responsibility, Lottery Commission (granting of licence), Football Association, Master Locksmiths Association
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