Criminal Record - Spent Offences
Everyone has a Criminal Record, your record may be blank and have no entries but it would still be possible to obtain a copy of the your record even if it was returned with no entries.
Prior to the introduction of the Rehabilitation of Offenders Act in 1974 if you were ever convicted of a criminal offence it would remain on your record indefinitely. Every Employer to whom you applied for a job could quiz you on your criminal history and the honest answer would be to declare all of your convictions no matter how long ago they occurred. In many instances persons declaring even historic convictions would be disadvantaged in the job market.
The Government saw this as an issue and in 1974 introduced the Rehabilitation of Offenders Act. This created a formal rehabilitation period. For the majority of jobs, if an Applicant has completed the rehabilitation period without reoffending they were no longer obliged to disclose the offence meaning they could present themselves without a criminal record. These convictions are called ‘Spent’ convictions. This gave legal force to the concept of rehabilitation. It is important to note that you must not have reoffended during the rehabilitation period, if you have this may complicate matters and you should speak to one of our solicitors for specific advice. Convictions which are still within the rehabilitation period are called ‘Unspent’ convictions.
The Rehabilitation of Offenders Act 1974 applies to Applicants for a Personal Licence in England & Wales. The rehabilitation periods vary depending on the sentence you receive. These periods were last revised in March 2014 and are currently:
Custodial sentences (adult offenders)
| Sentence Length | New rehabilitation period is period of sentence plus the ‘buffer' period below which applies from end of sentence. |
6 months or less | 2 years |
More than 6 months up to 2 1/2 years | 4 years |
More than 2 1/2 years up to 4 years | 7 years |
More than 4 years | Never spent |
Non-custodial sentences (adult offenders)
| Sentence Length | ‘Buffer' period (applies from end of sentence) |
Community Order ( & Youth Rehabilitation Order) | 1 year |
Fine | 1 year (from date of conviction) |
Compensation Order | Date on which payment is made in full |
Absolute discharge | None |
Conditional discharge, referral order, reparation order, action plan order, supervision order, bind over order, hospital order | Period of order |
If you were under 18 at the time of conviction then the above rehabilitation periods are halved except for custodial sentences of 6 months or less where the ‘buffer period' will be 18 months.
The benefits don’t apply to everyone. Persons applying for jobs working with children, healthcare professional, lawyers and policemen, taxi drivers and a number of other professional must still disclose their criminal records regardless of the time which may have elapsed.
If you have relevant convictions and want to apply for a personal licence and are unsure as to whether they are ‘spent’ or ‘unspent’ don’t worry: as one of the largest licensing solicitors in the UK, we deal with these types of requests every single day and can help you navigate this ever-changing area of law as simply and cost-effectively as possible.