When Do Convictions Become Spent? A Guide to Criminal Records and DBS Checks

A criminal conviction does not have to follow you for the rest of your life. Under the Rehabilitation of Offenders Act 1974, most convictions become spent after a set period of time. Once a conviction is spent, you usually do not have to tell employers or insurers about it. But the rules have exceptions, and a spent conviction can still appear on some DBS checks.

At Hi Solicitors, our criminal defence solicitors in Bolton are often asked how long a conviction will stay on someone’s record and what it means for their future. This guide explains the rehabilitation periods for each type of sentence, which convictions never become spent, and what shows on each type of DBS check. It covers the law in England and Wales, including the changes that came into force on 28 October 2023.

What Does It Mean When a Conviction Is Spent?

Every conviction has a rehabilitation period. This is a set length of time that depends on the sentence you received and how old you were when you were convicted. When the rehabilitation period ends, the conviction becomes spent.

Once a conviction is spent, the law treats you, for most purposes, as if the offence had never happened. In most situations:

• you do not have to disclose it when applying for a job, unless the role is exempt (see below);
• an employer cannot lawfully refuse to employ you, or dismiss you, because of it; and
• you do not have to disclose it when buying insurance.

Before a conviction is spent, it is unspent, and you must disclose it if you are asked about your criminal record.

Does a Spent Conviction Disappear From Your Record?

No. A spent conviction stays on the Police National Computer. Being spent changes who can see it and when you have to declare it, not whether the record exists.

How Long Until a Conviction Becomes Spent?

The table below shows the rehabilitation periods in England and Wales for the most common sentences, as they have applied since 28 October 2023. The periods are shorter if you were under 18 when convicted.

If you receive more than one sentence for the same conviction, such as a fine and a driving ban, the conviction is only spent when the longest rehabilitation period has ended.

Custodial and Suspended Sentences

For prison sentences, the rehabilitation period runs from the end of the whole sentence, including any time on licence, not from your release date. For example, an adult sentenced to 2 years who is released on licence halfway through will have a conviction that becomes spent 4 years after the 2-year sentence ends.

A suspended sentence is treated in the same way as a prison sentence. The rehabilitation period is based on the length of the sentence the court imposed, not the length of the suspension.

Community Orders and Discharges

Community orders, youth rehabilitation orders and conditional discharges become spent when the order ends. If an order has no end date, the rehabilitation period is 2 years from the date of conviction.

Fines, Driving Endorsements and Bans

A fine on its own is spent 12 months after conviction for adults. However, most driving convictions also lead to an endorsement on your licence, which has a 5-year rehabilitation period for adults. This means a speeding or careless driving conviction is usually not spent until 5 years after conviction, even if you only paid a fine. If you were disqualified for longer than this, the conviction is spent when the ban ends.

Cautions

A simple caution is spent immediately, and a conditional caution is spent after 3 months. Our guide on whether you should accept a police caution explains how cautions appear on DBS checks and affect visa applications.

Which Convictions Never Become Spent?

Some sentences are excluded from the Rehabilitation of Offenders Act, so the conviction never becomes spent and will always be disclosed. These include:

• life sentences, including custody for life and detention at His Majesty’s pleasure;
• sentences for public protection, such as imprisonment for public protection (IPP) and extended sentences for public protection; and
• prison sentences of more than 4 years for certain serious violent, sexual or terrorist offences listed in Schedule 18 of the Sentencing Act 2020.

Before 28 October 2023, any prison sentence of more than 4 years could never become spent. Since the law changed, sentences of more than 4 years for offences that are not on the Schedule 18 list can become spent after 7 years (adults) or 42 months (under-18s), once the sentence has ended. This change applies to old convictions as well as new ones.

If you have a conviction that can never become spent, any earlier convictions that were still unspent at that time will also never become spent.

What Happens If You Are Convicted Again?

If you are convicted of another offence before an earlier conviction becomes spent, the earlier conviction will generally stay unspent until the rehabilitation period for the new conviction has ended. This is sometimes called the “drag-on” effect.

For example, an adult fined in January 2026 would normally have that conviction spent in January 2027. If they are fined again for another offence in June 2026, both convictions will generally stay unspent until June 2027.

A new conviction does not make an already spent conviction unspent again. Community orders and other “relevant orders” generally do not extend the rehabilitation period of other convictions.

If you are facing a new charge while an earlier conviction is unspent, our magistrates’ court representation team can advise you on how a further conviction could affect your record.

Spent Convictions and DBS Checks

There are three main levels of criminal record check in England and Wales, carried out by the Disclosure and Barring Service (DBS). What they show depends on whether a conviction is spent.

Basic DBS Checks

A basic DBS check shows only unspent convictions and unspent conditional cautions. Any employer can ask for one. Once your conviction is spent, it will not appear on a basic check.

Standard and Enhanced DBS Checks

Standard and enhanced DBS checks are used for exempt roles, such as working with children or vulnerable adults, in healthcare, and in some legal and financial jobs. These checks show all unspent convictions. They can also show spent convictions, unless the conviction has been filtered (removed) under the DBS filtering rules.

A spent conviction is only filtered if all of these apply:

• it did not result in a prison sentence, including a suspended sentence;
• it is not for a specified offence (a list of serious offences, mainly violent and sexual offences and those relevant to safeguarding); and
• enough time has passed since the conviction.

Convictions that resulted in a prison sentence, and convictions for specified offences, are always shown on standard and enhanced checks. Since November 2020, having more than one conviction no longer stops each one from being filtered.

An enhanced check may also include other information held by the police that a chief officer reasonably believes is relevant to the role.

When Do You Have to Disclose a Spent Conviction?

Employers

For most jobs, you do not have to disclose a spent conviction, even if you are asked whether you have a criminal record. The exceptions are roles that are exempt from the Rehabilitation of Offenders Act, which usually involve a standard or enhanced DBS check. In those cases, you must answer questions about spent convictions honestly, except for convictions that would be filtered.

Insurance

You do not have to disclose a spent conviction when applying for insurance. You must disclose unspent convictions if the insurer asks, and failing to do so could make your policy invalid.

UK Visas and British Citizenship

The Rehabilitation of Offenders Act gives much less protection for UK immigration and nationality applications. The Home Office can take spent convictions into account in many immigration decisions, and application forms often ask about your full criminal history. Failing to declare a conviction can lead to refusal for deception.

If you have any conviction and are planning to apply for a visa, settlement or British citizenship, take advice before you apply. If you have already been refused, our visa refusal and appeals team can help.

Travelling Abroad

The Rehabilitation of Offenders Act only applies in England and Wales. Other countries set their own entry rules, and some ask about all convictions, including spent ones. Check the entry requirements of any country you plan to visit before you travel.

How Hi Solicitors Can Help

The best way to protect your record is to get good legal advice as early as possible. At Hi Solicitors, our criminal defence team can:

• advise you at the police station, where the outcome may decide whether you get a criminal record at all;
• represent you at court and argue for the most appropriate sentence, which affects how long your conviction stays unspent;
• explain how a conviction is likely to affect your job, DBS checks and travel; and
• work with our immigration team if you hold a visa or plan to apply for settlement or citizenship.

For confidential advice, call Hi Solicitors on 01204 371 414 or book a free initial consultation.

Frequently Asked Questions

How long does a conviction stay on my record?

Convictions are kept on the Police National Computer, normally until you reach 100 years old. What changes over time is whether the conviction is spent, which decides when you have to disclose it and which DBS checks will show it.

Do I need to declare a spent conviction on a job application?

No, unless the job is exempt from the Rehabilitation of Offenders Act. Exempt roles usually involve a standard or enhanced DBS check, such as working with children or vulnerable adults. If the job is exempt, you should answer the employer’s questions honestly.

When does a conviction become spent if I was under 18?

Most rehabilitation periods are halved for people convicted under 18. For example, a fine is spent after 6 months instead of 12 months, and a prison sentence of 12 months or less is spent 6 months after it ends. Community orders, youth rehabilitation orders and conditional discharges are spent when the order ends.

Can a spent conviction be used against me in court?

Yes, in some cases. The protections of the Rehabilitation of Offenders Act do not apply to criminal proceedings, so a spent conviction can be referred to if you are prosecuted for a later offence, for example as evidence of bad character or when you are sentenced.

Can I get a conviction removed from my record?

In general, no. A conviction stays on your record unless it is overturned on appeal. Most convictions do become spent over time, and many are later filtered from standard and enhanced DBS checks.