Basic Disclosures – Amendments to Periods before a Conviction Becomes Spent – new rules from 10th March 2014 (except Scotland)

Basic Disclosures reveal only unspent convictions. After a period of time which depends on the sentence imposed, a conviction becomes spent and no longer has to be revealed to an employer.

This affects what will be revealed on a Basic Disclosure, but does not affect Standard and Enhanced Disclosures which reveal all convictions, whether spent or unspent.

These changes affect people living England, Wales and Northern Ireland, they do not affect people living in Scotland. They will retain the existing rules.

New Rehabilitation Periods

For Custodial Sentences

Sentence Length Rehabilitation Period (from end of sentence)
0 – 6 months 2 years
6 – 30 months 4 years
30 months – 4 years 7 years
Over 4 years Never spent

For Non-Custodial Sentences

Sentence Buffer Period (from date of conviction)
Community Order (& Youth Rehabilitation Order) 1 year
Fine 1 year
Absolute Discharge None
Conditional discharge, referral order, reparation order, action plan order, supervision order, bind over order, hospital order Period of order

 

The above periods are halved for persons under 18 at date of conviction (except for custodial sentences of up to 6 months where the buffer period will be 18 months )

Existing rules will continue to apply for those giving a current residential postal address in Scotland. These are as follows :

Rehabilitation Periods for Scottish Residents

Rules for Applicants resident in Scotland

Sentence Length Rehabilitation Period (from date of conviction)
0 – 6 months 7 years
6 – 30 months 10 years
30 months – 4 years Never spent
Over 4 years Never spent

For Non-Custodial Sentences

Sentence Buffer Period (from date of conviction)
Community Order (& Youth Rehabilitation Order) 5 years
Fine 5 years
Absolute Discharge 6 months
Conditional discharge, referral order, reparation order, action plan order, supervision order, bind over order, hospital order Varies between one year and length of order

 

The above periods are halved for persons under 18 at date of conviction (except for custodial sentences of up to 6 months where the buffer period will be 18 months )