What are spent and unspent convictions?

February 13th, 2013 by Matt Tuckey

Spent convictions are those convictions that have reached a set period as defined by the Rehabilitation of Offenders Act 1974, and are removed from an individual’s criminal record. Unspent convictions are those records that have not yet reached this defined time and will appear on a Basic Criminal Record Check. For exact time periods relating to types of offence please contact Disclosure Scotland or the Disclosure and Barring Service (DBS) directly. Any conviction, caution, reprimand or warning that an individual may receive is held on their Criminal Record, on the Police National Computer. There exist some offences that are classed as ‘non-recordable’ meaning they are not stored on the PNC and are instantly ‘spent’. This is is most commonly ‘on the spot’ fines but for more information contact the DBS directly.

The Rehabilitation of Offenders Act 1974, Exceptions Order 1975 detailed some professions or job roles where employers can access spent criminal convictions due to the nature of work being undertaken. Under pre-May 2013 Legislation an Enhanced and Standard Disclosure would show all previous conviction information. Since 29th May 2013 there are certain conditions whereby conviction information is ‘filtered’ and some will not be displayed on the Certificate. Please view our webpage for more information about the Filtering of Conviction Information.

Within this new legislation there is a large list of conviction types and offences that will never be filtered from a Certificate. For more information go to www.gov.uk/dbs