Spent and Unspent Criminal Convictions in relation to an Enhanced CRB Check

Spent / Unspent 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. Custodial sentences of more than two and a half years never become spent. Please see the Chart below:

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 mths to 2.5 yrs	10 yrs	5 yrs
Prison sentence (including suspended sentences) - 6 mths 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
Custodial sentences* of more than two and a half years never become spent.	Never	Never

* 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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