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.
