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What is the Rehabilitation of Offenders Act 1974

Explain how the ROA sets rules for when convictions/cautions become spent, and how that affects what appears on Basic vs higher‑level DBS checks.

Written by Ben Nicholas

The Rehabilitation of Offenders Act 1974 (ROA) sets the rules for:

  • When convictions and cautions become spent

  • When people are treated as rehabilitated in law

Under the ROA:

  • Most convictions and cautions become spent after a set rehabilitation period

  • Convictions with custodial sentences over four years, and all public protection sentences, never become spent

  • If a person has one of these excluded convictions, any earlier unspent convictions at that time also never become spent

Once a conviction is spent:

  • It no longer appears on a Basic DBS check

  • The individual normally does not have to disclose it, except for roles covered by the Exceptions Order 1975

For those exempted roles, employers can request:

  • Standard or Enhanced DBS checks

  • These may still reveal spent convictions and cautions, subject to filtering rules.

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