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The law is not the same across the UK. England, Wales, Scotland and Northern Ireland differ — sometimes substantially — on housing, tribunals, employment procedure, benefits, education, and wills and probate. Your guidance is tailored to the nation you selected at the top of the page, so please make sure it is right before you rely on the answer. If you live in one nation and the matter arose in another, say so in your description. Where a rule applies in only part of the UK, the guidance should say so — if it does not, treat that as a reason to check with one of the services listed above.

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🔍 Criminal Records Checker

Do I Have to Disclose a Spent Conviction?

Criminal records do not follow you forever. Describe your situation and get instant plain English guidance on when convictions become spent and your rights around DBS checks.

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Criminal Records Rights — Spent Convictions & DBS Checks

In England and Wales, under the Rehabilitation of Offenders Act 1974 (periods from 28 October 2023), a custodial sentence of 1 year or less becomes spent 12 months after the sentence ends, including any licence. More than 1 year and up to 4 years: 4 years after it ends. More than 4 years: 7 years after it ends, unless it was for a serious violent, sexual or terrorist offence, which is never spent. Periods are shorter if you were under 18. Scotland and Northern Ireland have their own rules.

A basic DBS check shows only unspent convictions and conditional cautions. Standard and enhanced checks can also show spent ones that are not filtered. A simple caution is spent immediately; a conditional caution after 3 months.

Key areas covered: spent convictions, DBS checks, rehabilitation periods, filtering rules, Rehabilitation of Offenders Act 1974. Checked against official sources.

How long until a conviction becomes spent

Rehabilitation periods vary depending on the sentence given — generally, shorter sentences and non-custodial outcomes have shorter periods before a conviction becomes spent. Certain roles working with children, vulnerable adults, or in regulated professions are specifically exempt from this protection, meaning even spent convictions may still need disclosing.

Disputing incorrect DBS information

If a standard or enhanced DBS certificate is wrong, you can dispute it within 3 months of the date on the certificate, using the DBS certificate dispute form. DBS works with the police to decide the dispute.

Free Guidance in Plain English

This checker gives you a plain English read on your specific situation, answered only from its own guide for your part of the UK, checked against official sources. No login needed, and your answer is generated instantly based on what you tell us.

When to Seek Further Help

Our guidance covers many common situations, but complex or high-stakes cases need professional advice. For employment issues, contact ACAS in England, Wales and Scotland (0300 123 1100) or the Labour Relations Agency in Northern Ireland (03300 555 300). For free general advice, contact Citizens Advice (England 0800 144 8848, Wales 0800 702 2020), Citizens Advice Scotland (0800 028 1456) or Advice NI (0800 915 4604). For urgent housing problems in England, Shelter can help on 0808 800 4444.

What you need to know

The checker below answers from the verified guide for your nation. These are the key points from each one.

England and Wales

  • A caution or conviction becomes spent when its rehabilitation period ends. After that you are treated, for most purposes, as if you had never been cautioned or convicted of that offence.
  • Once it is spent, you do not have to mention it on an application form or at a job interview, unless the job is listed in the Exceptions Order. Unless an exception applies, an employer cannot refuse to employ you or dismiss you because of a spent caution or conviction.
  • While it is unspent, you must disclose it if you are asked: for a job, insurance, housing or a course.
  • The length of the rehabilitation period depends on the sentence or disposal you got and your age on the date of conviction, not on the offence. The one exception is a sentence of more than 4 years for a serious violent, sexual or terrorist offence, which is never spent.
  • The periods in our guide came into force on 28 October 2023. Older, longer periods you may find online are out of date.
  • GOV.UK has a free disclosure checker: search "Check when to disclose cautions or convictions".

Full guide: Do I Have to Disclose a Spent Conviction in England and Wales? Last verified: 25 September 2026.

Scotland

  • A conviction becomes spent when its disclosure period ends. The disclosure period starts on the date of conviction.
  • Once a conviction is spent, it generally does not have to be disclosed. Some jobs and proceedings are exceptions.
  • While a conviction is unspent, you must disclose it to an employer or possible employer if they ask.
  • Employers cannot ask about spent convictions unless the job is exempt from the 1974 Act.
  • A custodial sentence of more than 48 months is an excluded sentence: the conviction does not become spent after a set time.
  • Checks in Scotland are done by Disclosure Scotland, not the DBS. A Level 1 disclosure (it replaced the basic disclosure) shows unspent convictions, not spent ones.

Full guide: Do I Have to Disclose a Spent Conviction in Scotland? Last verified: 25 September 2026.

Northern Ireland

  • A conviction becomes spent when its rehabilitation period ends. After that, for employment and other purposes, it does not need to be declared if you are asked about your criminal history.
  • Northern Ireland's periods are fixed and much longer than in Great Britain. A fine takes 5 years to become spent.
  • A prison sentence of over 30 months is never spent and must always be declared.
  • Cautions, diversionary youth conference plans and informed warnings are spent automatically.
  • An AccessNI basic check does not include spent convictions. For excepted jobs, standard and enhanced checks can include spent convictions, apart from old and minor ones that are filtered.
  • A Justice Bill would shorten these periods, but the changes are not in force. The periods in our guide are the ones that apply now.

Full guide: Do I Have to Disclose a Spent Conviction in Northern Ireland? Last verified: 25 September 2026.

This guidance is for general information only and does not constitute legal advice. Always verify current figures and legislation on GOV.UK or seek professional advice for your specific situation.

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Frequently Asked Questions

What does it mean when a conviction is spent?

A conviction becomes spent when its rehabilitation period (called the disclosure period in Scotland) ends. After that you generally do not have to mention it, for example on a job application, unless the job is one of the exceptions.

Do I have to tell an employer about an unspent conviction?

In England, Wales and Scotland, while a conviction is unspent you must disclose it if an employer asks. In England and Wales this also applies when you are asked for insurance, housing or a course.

How long does a conviction take to become spent?

It depends on the sentence and where you are. In England and Wales it depends on the sentence or disposal and your age on the date of conviction, and the current periods came into force on 28 October 2023. Northern Ireland has fixed periods that are much longer: a fine takes 5 years, and a prison sentence of over 30 months is never spent.

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