Under the Rehabilitation of Offenders Act 1974 criminal convictions can become spent or ignored after a rehabilitation period, although they remain on the Police National Computer. The rehabilitation period varies depending on the sentence or order imposed by the court – not the offence.
The following sentences become spent after fixed periods from the date of conviction. Under the reforms the rehabilitation periods will change to:
| Sentence or disposal | Rehabilitation period if aged 18 or over when convicted or disposal administered | Rehabilitation period if aged under 18 when convicted or disposal administered |
* A public protection sentence - the provisions for which are set out in Part 12 of the Criminal Justice Act 2003 and Part 8 of the Armed Forces Act 2006 means a sentence of imprisonment or detention, as detailed above, imposed for specified sexual and violent offences. |
These sentences are excluded from rehabilitation and so will always be disclosed | These sentences are excluded from rehabilitation and so will always be disclosed |
| A custodial sentence of over 2 years 6 months but not exceeding 4 years | 7 years from the date on which the sentence (including any licence period) is completed | 3 years 6 months from the date on which the sentence (including any licence period) is completed |
| A custodial sentence of over 6 months but not exceeding 2 years 6 months* | 4 years from the date on which the sentence (including any licence period) is completed | 2 years from the date on which the sentence (including any licence period) is completed |
| A custodial sentence of up to 6 months* | 2 years from the date on which the sentence (including any licence period) is completed | 1 year 6 months from the date on which the sentence (including any licence period) is completed |
| A sentence of service detention | 1 year from the date on which the sentence was completed | 6 months from the date on which the sentence was completed |
| Dismissal from Her Majesty’s Service | 1 year from the date of conviction | 6 months from the date of conviction |
| Fine | 1 year from the date of the conviction in respect of which the fine was imposed | 6 months from the date of the conviction in respect of which the fine was imposed |
| Community order or youth rehabilitation order | 1 year from the last day on which the order has effect | 6 months from the last day on which the order has effect |
| Driving endorsements | 5 years from the date of conviction | 2 years 6 months from the date of conviction |
| Driving disqualification | When the period of the disqualification has passed | When the period of the disqualification has passed |
| Simple caution, youth caution | Spent immediately | Spent immediately |
| Conditional caution, youth conditional caution | 3 months or when caution ceases to have effect if earlier | 3 months or when caution ceases to have effect if earlier |
| Compensation order | On discharge of the order (i.e. when it is paid in full). Proof of payment will be required | On discharge of the order (i.e. when it is paid in full). Proof of payment will be required |
| Absolute discharge | Spent immediately | Spent immediately |
| Relevant orders** (orders that impose a disqualification, disability, prohibition or other penalty) | The end date given by the order or, if no date given, 2 years from the date of conviction - unless the order states ’unlimited’, ’indefinitely’ or ’until further order’ as in these cases it will remain unspent | The end date given by the order or, if no date given, 2 years from the date of conviction - unless the order states ’unlimited’, ’indefinitely’ or ’until further order’ as in these cases it will remain unspent |
* Suspended custodial sentences are treated the same as custodial sentences for this purpose. It will be the length of the sentence imposed by the court, not the period it is suspended for that dictates when it will become spent.
** Relevant orders include conditional discharge orders, restraining orders, hospital orders, bind overs, referral orders, care orders and any order imposing a disqualification, disability, prohibition or other penalty not mentioned in the table.
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