Rehabilitation of Offenders Act 1974
The Rehabilitation of Offenders Act 1974 gives people with spent convictions, cautions, reprimands and final warnings the right not to disclose them when applying for most jobs. Many convictions become spent after five years because most lead to fines and community orders. These periods are halved for juveniles. Prison sentences of up to six months become spent after seven years and sentences of up to two and a half years become spent after ten. Prison sentences of more than two and a half years never become spent. Detention and training orders for 12-14 year olds become spent one year after they expire. Detention and training orders for 15-17 year olds become spent after three and a half years or five years, depending on the length of the sentence.
Most people in prison and those subject to probation supervision will not benefit from the Act immediately. Indeed some people given prison sentences will never benefit from it. However, it is important that people are aware of the Act because many will benefit from it at some point, despite the growing list of jobs exempt from it and the increasing number of jobs subject to Disclosure and Barring Service (DBS) checks.
Under the Rehabilitation of Offenders Act 1974, the time it takes for an offence to become ‘spent’ depends on the sentence given – not the offence committed. There is one known exception to this rule. Under the Policing and Crime Act 2009 the rehabilitation period for loitering and soliciting is six months.
For a custodial sentence, the rehabilitation period is decided by the total length of the sentence imposed by the court, not the time served in custody. Custodial sentences of more than two and a half years can never become spent.
| Sentence, order or warning | Rehabilitation period |
|
Absolute discharge order |
6 months |
|
Action plan order |
2 ½ years |
|
Attendance centre order |
1 year after order expires |
|
Bind over |
1 year or until order expires, whichever is longer |
|
Care order |
1 year or until order expires, whichever is longer |
|
Caution (conditional) |
3 months |
|
Caution (simple) |
Nil (spent instantly) |
|
Combination order |
5 years; 2 ½ if under 18 when convicted |
|
Community order |
5 years; 2 ½ if under 18 when convicted |
|
Community punishment order |
5 years; 2 ½ if under 18 when convicted |
|
Community punishment and rehabilitation order |
5 years; 2 ½ if under 18 when convicted |
|
Community rehabilitation order |
5 years; 2 ½ if under 18 when convicted |
|
Community service order |
5 years; 2 ½ if under 18 when convicted |
|
Compensation order |
Once the compensation is paid in full |
|
Conditional discharge order |
1 year or until order expires, whichever is longer |
|
Confiscation order |
5 years; 2 ½ if under 18 when convicted |
|
Curfew order |
1 year after order expires |
|
Detention and training order, 6 months or less |
1 year after order expires for 12-14 year olds; 3 ½ years for 15-17 year olds |
|
Detention and training order, more than 6 months |
1 year after order expires for 12-14 year olds; 5 years for 15-17 year olds |
|
Detention centre order |
3 years |
|
Detention in a YOI, 6 months or less |
7 years; 3 ½ year if under 18 when convicted |
|
Detention in a YOI, more than 6 months |
10 years; 5 years if under 18 when convicted |
|
Drug treatment and testing order |
5 years; 2 ½ if under 18 when convicted |
|
Endorsements |
5 years; 2 ½ if under 18 when convicted |
|
Final warning |
Nil (spent instantly) |
|
Fine |
5 years; 2 ½ if under 18 when convicted |
|
Forfeiture order |
5 years; 2 ½ if under 18 when convicted |
|
Hospital order, with or without restriction order |
5 years or 2 years after order expires, whichever is longer |
|
Prison sentence, 6 months or less |
7 years |
|
Prison sentence, more than 6 months |
10 years |
|
Probation order (before 3 February 1995) |
1 year or until order expires, whichever is longer |
|
Probation order (on or after 3 Feb 1995) |
5 years; 2 ½ if under 18 when convicted |
|
Referral order |
Once the order expires |
|
Reparation order |
2 ½ years |
|
Reprimand |
Nil (spent instantly) |
|
Secure training order |
1 year after order expires |
|
Supervision order |
1 year or until order expires, whichever is longer |
|
Suspended sentence, 6 months or less |
7 years |
|
Suspended sentence, more than 6 months |
10 years |
|
Youth conditional caution |
3 months |
|
Youth custody order, 6 months or less |
7 years; 3 ½ if under 18 when convicted |
|
Youth custody order, more than 6 months |
10 years; 5 years if under 18 when convicted |
|
Youth rehabilitation order |
1 year or until order expires, whichever is longer |
Reference: nacro
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