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Criminal Records | England & Wales

When does a conviction become spent?

The rehabilitation periods for fines, community orders, prison sentences and cautions, and what a spent conviction means for jobs and DBS checks.

Reviewed by
Paris Theodorou
· Principal Solicitor · Last reviewed
November 4, 2026

KEY ANSWER

The position in brief

Under the Rehabilitation of Offenders Act 1974, most convictions become spent after a set period, after which you usually do not have to disclose them. For adults, a fine is spent 12 months after conviction; a prison sentence of 1 year or less 12 months after the sentence ends, including licence; over 1 year and up to 4 years, 4 years after it ends; over 4 years, 7 years after it ends, unless it was for a serious offence, in which case it is never spent. A simple caution is spent immediately and a conditional caution after 3 months. Periods are shorter for under 18s. Some jobs require disclosure of spent convictions through standard or enhanced DBS checks.

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.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We calculate spent dates, advise on disclosure to employers and regulators, and challenge information on enhanced certificates. See challenging an enhanced DBS certificate.

Primary legal sources

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Do I have to tell an employer about a spent conviction?

Usually not, unless the role is exempt, for example work with children or in some regulated professions.

Does a caution stay on my record?

It stays on police records, but a simple caution is spent immediately and is often filtered from DBS certificates after a period.

Can a serious conviction ever become spent?

Not if it attracted a life sentence or, for specified serious offences, more than 4 years' custody.

NEXT STEP

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