Understanding Spent and Unspent Convictions in the different parts of the UK

A conviction is considered spent once the rehabilitation period has passed, meaning it no longer needs to be disclosed in most circumstances. However, the rules surrounding spent and unspent convictions vary between England and Wales, Scotland, and Northern Ireland, affecting how they appear on background checks and how they apply to job applications.  

Remember it is where you are  disclosing that determines which rules you need to consider to work our when your offence becomes spent. If you were sentenced in England and Wales but have to disclose in Scotland, it is Scotland’s rules that will apply to what you need to disclose.  

What You Need to Know 

• Spent convictions will not appear on a Basic DBS check. 

  
  

• Some roles (mainly working with children and vulnerable adults) require Standard or Enhanced DBS checks, which may reveal spent convictions, particularly for jobs such as in education, healthcare, and law enforcement. 

  
  

• Even after a conviction is spent, some employers may still ask about it, but legally, you can say you have no convictions, unless the role is exempt from the Rehabilitation of Offenders Act 1974 (ROA). 

Differences in Rehabilitation Periods and Rules 

England and Wales 

• Rehabilitation periods vary based on the sentence received. For example, some more serious custodial sentences (known as Schedule 18 offences) of over 4 years can never become spent. 

  
  

• Custodial sentences below 4 years become spent after a specific period, depending on the length of the sentence and whether conditions were imposed. 

  
  

• Community Orders are spent at the end of the order and fines have a 12 month rehabilitation period. 

  
  

Scotland 

• Scotland operates under the Management of Offenders (Scotland) Act 2019, which provides for different rehabilitation periods compared to England and Wales. 

  
  

• More offences become spent over a longer period, meaning individuals may have a longer waiting period before a conviction is considered spent. 

  
  

• Certain serious offences still remain unspent permanently. 

  
  

Northern Ireland 

• Northern Ireland follows its own system, governed by the Rehabilitation of Offenders (Northern Ireland) Order 1978. 

  
  

• Rehabilitation periods are generally much longer than in Scotland and those in England and Wales. 

  
  

• Employers conducting AccessNI checks may see spent convictions, depending on the level of the check required. 

Why This Matters 

Understanding these rules helps individuals navigate job applications and legal disclosures confidently. If you are unsure whether your conviction is spent, you can check using a disclosure calculator or seek professional advice to ensure you understand your rights and responsibilities when applying for jobs or undergoing background checks. 

Being aware of how spent and unspent convictions are treated across different parts of the UK ensures you can make informed decisions regarding employment and disclosure. While England, Wales, Scotland, and Northern Ireland have similar principles, differences in rehabilitation periods and disclosure rules mean it is crucial to understand the local rules that apply where you are disclosing.