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Spent / Unspent Criminal Convictions

Under the Rehabilitation of Offenders Act, a conviction becomes spent after a period of time. The rehabilitation period varies according to the sentence given, not to the offence committed. For a custodial sentence, the length of time actually served is irrelevant: the rehabilitation period is determined by the original sentence.

The following sentences become spent after fixed periods from the date of conviction. Rehabilitation Period
Sentence Over 18
when convicted
Under 18
when convicted
Prison sentence (including suspended sentences)
6 months to 2.5 years
10 yrs 5 yrs
Prison sentence (including suspended sentences)
6 months or less
7 yrs 3.5 yrs
Fines, probation, compensation, community service, reparation orders, curfew orders 5yrs 2.5 yrs
Absolute discharge 6 mths 6mths

Please note: Custodial sentences of more than two and a half years never become spent.

A custodial sentence, also known as a sentence of imprisonment, or detention, is where the offender is detained in custody for a period of time.

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