What is the difference between spent and unspent convictions? If you’ve spent any time around DBS Checks, you’ve probably heard the terms ‘spent convictions’ and ‘unspent convictions’.
In this blog, we’ll explain what is an unspent and spent conviction and how they relate to DBS Checks.
Differences between spent and unspent convictions
Whether a conviction is spent or unspent affects whether it will show up in a DBS Check.
So, what is the difference between spent and unspent convictions? Let’s take a closer look.
What is an unspent conviction?
An unspent conviction is one that a person is still in the rehabilitation stage for or one that will remain permanently on their record. This happens when a prison sentence of more than two and a half years is served, or if the crime is of a violent or sexual nature.
What is a spent conviction?
A spent conviction is a criminal conviction that no longer appears on a person’s criminal record. Eligible convictions or cautions become spent after a specified period of time. The length of this period varies depending on the type of disposal administered or the length of the sentence imposed. Until this period has passed the conviction or caution is unspent.
You can see a list of rehabilitation periods for the most common sentences and disposals and example scenarios here.
The Rehabilitation of Offenders Act 1974
The provisions for a conviction or caution to become spent are laid out in the Rehabilitation of Offenders Act 1974 (ROA).
The ROA primarily exists to support the rehabilitation into employment of reformed offenders who have stayed on the right side of the law.
Under the ROA, all cautions and convictions may eventually become spent, except those that result in prison sentences of over four years, depending on the offence type, and all public protection sentences regardless of the length of the sentence.
Additionally, if an offender has a conviction that is excluded from rehabilitation such as the above, previous convictions that were unspent at the time they were convicted would also never be spent.
Once a conviction is spent, the offender is considered rehabilitated. The conviction won’t show up on a Basic DBS Check and the person will not have to declare its existence in most circumstances, unless an exception applies.
The exceptions where you may have to disclose spent cautions and convictions are listed in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975.
These are jobs and activities for which fuller disclosure of a person’s criminal record history is relevant; for example, where there is a risk to children, other people in vulnerable circumstances or some other particularly sensitive areas of work.
In these circumstances, you will usually be required to undergo a Standard DBS Check or an Enhanced DBS Check.
Partner with uCheck for your DBS checks
For more information on the ROA and spent and unspent convictions, see the government’s guidance. Need a helping hand with your DBS Checks? We’ve got you covered. Here at uCheck, we can get you rapid results for all your background checks, and we’re already helping 30,000 businesses with their background screening needs! See our pricing page for more information. We hope this blog has helped answer questions like ‘what is the difference between spent and unspent convictions?’. If you’d like to know more about what will show up on a DBS Check, feel free to get in touch – we’re always happy to help.
