Do I Have to Disclose a Spent Conviction in Northern Ireland?

Who this guide is for

People in Northern Ireland with a conviction or a caution who want to know whether they have to tell an employer or anyone else about it. It explains the rehabilitation periods under the Rehabilitation of Offenders (Northern Ireland) Order 1978, what spent means, and the jobs where spent convictions still count.

What this guide does not cover

• England, Wales or Scotland: the periods are different and much shorter. See the England and Wales guide or the Scotland guide.
• How to get an AccessNI check, what it shows, and how to dispute one: see our criminal record check guide or see nidirect.
• Driving endorsements and bans, hospital orders, orders other than probation, armed forces punishments and convictions from outside the UK: ask Advice NI or a solicitor.
• Whether a filtered conviction or caution has to be declared on an application form for an excepted job: ask the employer or AccessNI.
• Immigration, nationality and visa applications: ask an immigration adviser or, for a visa to another country, that country's embassy.
• What to do if you were turned down or dismissed because of a conviction: ask Advice NI, the Labour Relations Agency or a solicitor.

At a glance

• 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 this guide are the ones that apply now.

What the rules depend on

1. Where is the job or application? Northern Ireland: this guide. England, Wales or Scotland: see that guide.
2. Was it a caution, an informed warning or a diversionary youth conference, or a conviction? The first three are spent automatically. A conviction depends on the sentence.
3. What sentence did you get, and how long was it? Prison, a fine, a community service order, probation or something else. If you do not know the length, this guide cannot give the date it becomes spent.
4. What was the date of conviction, and how old were you then? Under 18: most of the periods below are halved.
5. What are you being asked for? Most jobs and other applications: only unspent convictions. An excepted job (one that needs a standard or enhanced AccessNI check): spent convictions too, unless filtered.

When a conviction becomes spent

These are fixed periods from the date of conviction. The shorter period in brackets applies if you were under 18 when convicted.

• Prison sentence of 6 months or less: 7 years (3 years 6 months).
• Prison sentence of over 6 months and up to 30 months: 10 years (5 years).
• Prison sentence of over 30 months: never spent. It must always be declared.
• Fine or community service order: 5 years (2 years 6 months).
• Probation: the period of the order or 1 year, whichever is longer.
• Caution, diversionary youth conference plan or informed warning: spent automatically.

More than one sentence or conviction

• If you got more than one sentence for the same conviction, the longest period applies to the conviction.
• A further conviction during the rehabilitation period can extend it. Ask Advice NI or a solicitor to work out your dates.

The Justice Bill

The Department of Justice has put changes to rehabilitation periods into a Justice Bill in the Northern Ireland Assembly, to shorten the periods and let more convictions become spent. When this guide was checked, the changes were not in force. Until they are brought into force, the periods above apply. Check nidirect for any change.

Do I have to tell them?

Most jobs and other applications

• Unspent: if you are asked, you must declare it.
• Spent: for employment and other purposes, you do not need to declare it if you are asked about your criminal history.
• An AccessNI basic check does not include spent convictions.

Excepted jobs

Some jobs and professions are listed in the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979. For these, applicants must declare convictions even when they are spent, and AccessNI standard and enhanced checks give details of spent convictions.

AccessNI filters some old and minor convictions and cautions from these checks:

• a conviction for a non-specified offence: filtered after 11 years (5 years 6 months if you were under 18 when convicted);
• a caution for a non-specified offence: filtered after 6 years (2 years if you were under 18);
• a diversionary youth conference: filtered after 2 years;
• an informed warning for a non-specified offence: filtered after 1 year.

AccessNI will not filter an offence that is on its specified list. Filtering has other rules too: for your own record, ask AccessNI.

Deadlines

• This guide has no court or tribunal deadlines. The dates that matter are the rehabilitation periods above, counted from the date of conviction.

Money figures

• The amount of a fine does not change its rehabilitation period.

Traps

• The England and Wales periods (for example, a fine spent after 12 months) do not apply in Northern Ireland. Here a fine takes 5 years.
• A prison sentence of over 30 months is never spent in Northern Ireland, however long ago it was.
• The Justice Bill changes are not in force. Do not use the proposed periods.
• A suspended sentence and time actually served: this guide does not say how they count. Ask Advice NI or a solicitor.
• Spent does not mean deleted. It means you do not need to declare it, except for excepted jobs.
• Industrial tribunal time limits have nothing to do with rehabilitation periods.