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What is the difference between spent and unspent convictions?

Learn the difference between spent and unspent convictions, how rehabilitation periods work, and how this affects what appears on a DBS check.

Written by Ben Nicholas

Whether a conviction is spent or unspent affects what appears on a DBS check and what the applicant must disclose in different situations.

You need to understand:

  • What “spent” and “unspent” convictions mean

  • How a conviction changes from unspent to spent

  • Where to find the official rehabilitation periods


Key Difference: Spent vs Unspent Convictions

Unspent convictions

  • A conviction or caution is unspent from the date it is given.

  • It remains unspent for a set rehabilitation period.

  • While it is unspent:

    • It will normally appear on a Basic DBS Check.

    • The person may need to disclose it in certain circumstances (for example, to employers requesting a Basic check).

Spent convictions

  • A conviction or caution becomes spent once the rehabilitation period has passed.

  • After it is spent:

    • It will no longer appear on a Basic DBS Check.

    • In many situations, the person is treated as if they had not committed that offence (subject to exceptions for higher-level checks and exempted roles).


How a Conviction Becomes Spent

Eligible convictions or cautions become spent after a specified period of time.

This rehabilitation period:

  • Varies depending on:

    • The type of disposal (for example, caution, fine, community order, custodial sentence), and

    • The length of the sentence imposed.

General rules:

  • Shorter or less serious disposals usually have shorter rehabilitation periods.

  • Longer or more serious sentences usually have longer rehabilitation periods, and some may never become spent (depending on the law).

Until the full rehabilitation period has passed:

  • The conviction or caution remains unspent.


Where You Find the Rehabilitation Periods

You can see:

  • A list of rehabilitation periods for the most common sentences and disposals, and

  • Example scenarios showing how they work in practice,

by referring to the official guidance provided in the link mentioned in your documentation.

Use that resource when you need to:

  • Work out whether a specific conviction or caution is currently spent or unspent, and

  • Understand how long it will take to become spent based on the type and length of sentence.

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