Skip to main content

Spent versus unspent convictions

Clarify what spent vs unspent convictions mean, how rehabilitation periods work, and why the distinction matters for DBS checks.

Written by Ben Nicholas

A conviction or caution is:

  • Unspent from the date it is given until the end of its rehabilitation period

  • Spent once that rehabilitation period has fully passed

Under the Rehabilitation of Offenders Act 1974:

  • Rehabilitation periods vary by offence type and sentence length

  • Some convictions (e.g. certain long custodial or public protection sentences) never become spent

Key implications:

  • Basic DBS checks show only unspent convictions and conditional cautions

  • Standard and Enhanced checks can show some spent convictions and cautions for legally exempt roles

Knowing whether a conviction is spent or unspent is crucial when deciding:

  • What the applicant must disclose in different situations

  • What information will appear on each level of DBS check.

Did this answer your question?