Legal issues
Adults (18 and over)
- Fine: 12 months from conviction.
- Community order or conditional discharge: when the order ends, or 2 years from conviction if no end date.
- Custody of 1 year or less: 12 months after the sentence, including licence, ends.
- Custody over 1 year, up to 4 years: 4 years after the sentence ends.
- Custody over 4 years: 7 years after it ends, unless a serious offence, which is never spent.
- Driving endorsement: 5 years from conviction.
- Simple caution: immediately. Conditional caution: 3 months.
Under 18s
Generally half the adult period, for example 6 months for a custodial sentence of 1 year or less.
Exceptions
Standard and enhanced DBS checks, used for work with children, vulnerable adults and some professions, can show spent convictions unless they are filtered.
Evidence that matters
Your Police National Computer record and the exact sentence decide the date. A basic DBS check shows only unspent convictions.
Reasonable lines of enquiry
Work out your date
- Find the exact sentence and any licence period.
- Check whether a later conviction has extended the period.
- Check whether the job is exempt from the Act.
What happens next
Once spent, you can usually answer "no" to questions about previous convictions, except for exempt roles. Filtering rules decide what appears on standard and enhanced certificates.
Immediate steps
- Get your record (a subject access request to ACRO).
- Check what kind of DBS check the role needs.
What should you send us?
Send the conviction date, sentence and any DBS certificate or ACRO record.