Key HR Facts – Periods After Which a Conviction Becomes Spent

The table below sets out the periods under the Rehabilitation of Offenders Act after which an employer, for example, may not require an individual to declare any convictions.   For serious offences, a conviction may never become spent – see the table.

Updated April 2015

Spent Periods for Convictions

SanctionPeriod After which the Offence is Spent i.e. not declarable 
Age 18 or olderAge 17 or Younger
Absolute DischargeBecomes spent immediatelyBecomes spent immediately
Attendance centre order Until the order expiresUntil the order expires
Binding over orderUntil the order expiresUntil the order expires
Caution: Simple or Youth Caution
Becomes spent immediatelyBecomes spent immediately
Conditional caution, Youth conditional caution
3 months (less if caution ceases earlier)3 months
Community Order/Youth Rehabilitation Order

12 months from the end of the order.6 months from the end of the order.
Compensation OrderOnce compensation is paid in fullOnce compensation is paid in full
Conditional Discharge OrderThe last day on which the order has effect.The last day on which the order has effect.
Confiscation OrderThe last day on which the order has effect.
The last day on which the order has effect.
Custodial sentence (Youth) for 6 months or less-1½ years from the end of the complete sentence (incl. time on license)
Detention and Training Orders

Same as Prison/Custodial Sentence shown later in the list.Same as Prison/Custodial Sentence shown later in the list.
Disqualification for a motoring offenceUntil the last day on which the order has effectUntil the last day on which the order has effect
Endorsement for a road traffic offence listed in Schedule 2 to the Road Traffic Offenders Act 1988, imposed by the court or by means of a fixed penalty notice (FPN)[5 years from endorsement2½ years from endorsement
Fine1 year from date of conviction6 months from date of conviction
Hospital order (with or without a restriction order)Until the order expires
Until the order expires
Prison sentence for 6 months or less2 years from the end of the sentence (incl. time on licence)1½ years from the end of the sentence (incl. time on licence)
Prison sentence: for more than 6 months up to, and including, 30 months4 years from the end of the sentence (incl. time on licence)2 years from the end of the complete sentence (incl. time on licence)
Prison sentence for more than 30 months up to, and including, 48 months.7 years from the end of the sentence (incl. time on license)3½ years from the end of the complete sentence (incl. time on licence)
Prison or Custodial sentence of more than 48 monthsNever becomes SpentNever becomes Spent
Probation Order12 months from the end of the order6 months from the end of the order
Referral OrderUntil the last day on which the order has effect
Until the last day on which the order has effect
Reparation OrderBecomes spent immediatelyBecomes spent immediately
Youth Rehabilitation Order 1 year from when order ceases6 months from when order ceases

 

Important Note about Key HR Facts

Key HR Facts are given in good faith but do not constitute legal advice as we are not aware of the particular facts of the situation you have in mind. Neither the author nor the Company, the Directors nor employees accept liability for the use of the information.

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