Rehabilitation of Offenders Act 1974

The Rehabilitation of Offenders Act 1974 enables some criminal convictions to become "spent", or ignored, after a period of time, known as a "rehabilitation period". The Act only covers Britain and other countries have their own rules about those they will give visas and work permits to.

The effect of the Act means that:

  • If you have been convicted of a criminal offence and are asked on a job application form or at an interview whether you have any previous convictions you can answer "no" if the conviction is spent and the job applied for is not excepted from the Act. Under the terms of the Act, a spent conviction shall not be proper grounds for not employing, or for sacking, someone;

  • If you have been convicted of a criminal offence and are applying for insurance, if the proposal form asks whether you have any previous convictions, you answer can be "no" if the conviction is spent. This is the case even if the conviction is relevant to the risk which the insurers will underwrite;

  • In civil proceedings, arbitration proceedings, disciplinary proceedings before an administrative tribunal and club committees where there is power to affect anyone's rights, privileges, obligations, or liabilities you do not need to answer any questions which might lead to the disclosure of a spent conviction. There are some exceptions, though:

    • In civil proceedings relating to children (adoption, guardianship, wardship, marriage, custody, care and control, schooling);

    • When the court is satisfied that justice cannot be done unless evidence of spent convictions is admitted;

    • If the proceedings involve a matter excepted from the Act.

Although spent convictions can be cited in criminal proceedings, normally they should not be mentioned unless there are special circumstances.

Once a conviction becomes spent, it remains spent, even if a person is convicted of other offences later.

Confidential Information

The Act makes it an offence for anyone with access to criminal records to disclose spent convictions unless authorised to do so. It may be possible for you to sue for libel anyone making allegations about spent convictions, if you can prove that the allegation was made with malice.

Rehabilitation Periods

A rehabilitation period is a set length of time from the date of conviction, and depends on the sentence given, not the offence committed.

For a custodial sentence, the length of time actually served is irrelevant: the rehabilitation period is decided by the original sentence.

Custodial sentences of more than 2 ½ years can never become spent.

The following sentences become spent after fixed periods from the date of conviction:

Sentence Rehabilitation Period
  People aged 18 or overwhen convicted People aged under 17 when convicted
Prison sentences of 6 months or less 7 years 3 1/2 years
Prison sentences of more than 6 months to 2 1/2 years 10 years 5 years
Borstal (abolished in 1983) 7 years 7 years
Detention centres (abolished in 1988) 3 years 3 years
Fines, probation, compensation, community service, combination action plan, curfew orders,drug treatment and testing, and reparation orders 5 years 2 1/2 years
Absolute discharge 6 months 6 months

With some sentences the rehabilitation period varies:
Probation, supervision, care order, conditional discharge or bind-over 1 year or until the order expires(whichever is longer)
Attendance centre orders 1 year after the order expires
Hospital orders (with or without a restriction order) 5 years or 2 years after the order expires (whichever is longer)
Referral Order once the order expires

Disqualifications

The rehabilitation period for a disqualification is the length of the disqualification. If you are disqualified at the same time as receiving another penalty, the longer rehabilitation period applies.

Endorsements

An endorsement does not affect the rehabilitation period of a motoring conviction.

Further Convictions

If a rehabilitation period is still running and you commit a "summary only" offence (i.e. an offence triable only in a magistrates' court), that offence will not affect the rehabilitation period still running. The rehabilitation period for each offence will expire separately. However, if the further offence is indictable (i.e. is one that could be tried in the Crown Court) then neither conviction will become spent until the rehabilitation periods for both offences are over.

If the further conviction leads to a prison sentence of more than 2 ½ years, neither conviction will ever become spent.

Criminal Records

That fact that you have been convicted of an offence remains on the Police National Computer even after it has become spent - it will not be deleted. Cautions, reprimands and final warnings are not criminal convictions and are not dealt with by the Act. If you are specifically asked if you have a caution, reprimand or final warning you should normally disclose them until five years has elapsed.

Exceptions to the Act

There are some situations when you must declare your convictions, even if you are spent. Application forms for posts which are excepted from the Act should always make this clear, and include those circumstances when you are applying:

  1. For any post providing accommodation, care, leisure and recreational facilities, schooling, social services, supervision or training to people aged under 18. Such posts include teachers, school caretakers, youth and social workers, and child minders;
  2. For employment involving providing social services to elderly people, mentally or physically disabled people, alcohol or drug abusers or the chronically sick;
  3. For employment involving the administration of justice, including police officers, probation officers, and traffic wardens;
  4. For admission to certain professions which have legal protection (including lawyers, doctors, dentists, nurses, chemists, and accountants);
  5. For appointment to jobs where national security may be at risk (for example, certain posts in the civil service and defence contractors).