When Your Conviction Becomes Spent: Understanding Rehabilitation Periods

For individuals with a criminal record, knowing when a conviction becomes spent is essential. Under the Rehabilitation of Offenders Act 1974 (ROA), many convictions no longer need to be disclosed after a specific period, allowing individuals to move forward with employment, housing, and insurance applications without unnecessary barriers. 

However, determining exactly when a conviction is considered spent can be confusing, as rehabilitation periods vary based on the type and length of the sentence received. 

This guide explains the rehabilitation periods in England & Wales and provides practical advice on how to calculate when your conviction is no longer legally relevant for most purposes. Note that Scotland and Northern Ireland have their own rules which differ in some respects from England and Wales. The rules you should follow are those that apply where you are disclosing NOT where you were sentenced or imprisoned. 

What Is a Rehabilitation Period? 

A rehabilitation period is the length of time that must pass after your sentence before your conviction becomes spent. Once spent, you are generally no longer required to disclose your conviction in most situations, including job applications, housing, and insurance. 

The length of the rehabilitation period depends on the sentence given by the court and your age at the time of sentencing, not the offence itself. Some convictions never become spent, while others can become spent relatively quickly. 

Rehabilitation Periods in England & Wales 

Sentence Type	Rehabilitation Period (Adults)	Rehabilitation Period (Under 18s)
Custodial sentence over 4 years (for certain very serious offences)	Never spent	Never spent
Custodial sentence over 4 years (other less serious offences)	Sentence + 7 years	Sentence + 3.5 years
Custodial sentence 1-4 years	Sentence + 4 years	Sentence + 2 years
Custodial sentence up to 12 months	Sentence + 1 year	Sentence + 6 months
Community order or Youth Rehabilitation order	Length of Order	Length of Order
Fine	12 months	6 months
Relevant Order (e.g. Restraining Order or Sexual Harm Prevention Order)	Length of Order	Length of Order

The rehabilitation period begins from the end of the sentence, not the date of conviction. If multiple sentences are given at the same time, the longest rehabilitation period applies to all elements of the sentence. 

How to Calculate When Your Conviction Becomes Spent 

To determine when your conviction will be spent, follow these steps: 

1️. Find the type of sentence you received in the table above.  

2️. Add the rehabilitation period to the length of your sentence (including suspended sentences). 

3️. The total period is when your conviction becomes spent, provided there have been no further offences. 

4. If you received more than one disposal at the same sentencing you should take the longest rehabilitation period to work out when the whole sentence becomes spent.  

For example: 

• If you received a custodial sentence of 2 years, your rehabilitation period would be sentence (2 years) + buffer period (4 years) = 6 years. 

• If you were given a fine, it would be spent 12 months after the date it was issued. 

• If you received a 12 month prison sentence with a 10 year Restraining Order the conviction (incl, the prison sentence) will only become spent after 10 years when the order is completed. 

  
  

If your conviction is spent, you are legally entitled to say you do not have a criminal record in most situations. 

When a Conviction Is Never Spent 

Certain serious offences, including violent, sexual, and terrorism-related crimes  (known as Schedule 18 offences) with prison sentences over 4 years, are never spent. 

If your conviction falls into this category, you will always need to disclose it when asked, even decades later. 

For individuals in this situation, seeking support from organisations like Unlock or Nacro can help in finding employers and opportunities that consider rehabilitation rather than just past records. 

Overseas Convictions 

If you received a conviction overseas you should declare in line with the rules for the place in which you will be required to disclose and apply the same rules. So a dangerous driving conviction received in Poland with 6 months in prison would be treated the same as if the 6 months prison had been given by a court in England and Wales. If there is no UK equivalent offence e.g. LGBT offences in many Middle Eastern countries, it can legally be ignored and not have to be disclosed.  

Checking Your Disclosure Status Online 

If you are unsure whether your conviction is spent, you can use an online disclosure calculator to check:

✅ Offploy’s Disclosure Calculator  

This tool allows you to enter your sentence details and confirm whether you still need to disclose your conviction. 

Understanding when your conviction becomes spent is essential for moving forward with confidence. Once spent, you are legally not required to disclose your conviction in most situations. 

By knowing your rights under the Rehabilitation of Offenders Act, you can better navigate job applications, housing, and financial matters, helping you focus on building a positive future.