• What is the difference between a spent and an unspent conviction?

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WHAT’S COVERED IN THIS ARTICLE?

This article details the difference between a spent and an unspent conviction.

WHAT DO I NEED?

N/A.

GUIDANCE:

If a DBS (Disclosure & Barring Service) check is required as part of your screening, you may query the difference between spent and unspent convictions.

Unspent Conviction

An unspent conviction is a criminal conviction that is still in the bounds of the rehabilitation period.

Unspent convictions show up many types of DBS checks - basic, standard and enhanced.

You must declare any unspent convictions when undertaking a criminal record check.

Spent Conviction

A spent conviction is a criminal offence that has completed the required rehabilitation period.

Spent conviction details remain on your criminal record on the police national computer (PNC).

This means they will appear on the standard and enhanced checks, but not the basic.

From the 28th of October 2023, there will be changes to the above process.

Custodial sentences over 4 years that are not already excluded (such as life sentences or sentences of imprisonment for public protection) will be able to become spent for the first time.

However, to ensure the protection of the public, the changes do not apply to persons sentenced to over 4 years' imprisonment following a conviction for any serious violent, sexual, or terrorist offences listed in Schedule 18 of the Sentencing Act 2020.

These convictions will remain unspent and will therefore continue to be disclosed. 

In addition, rehabilitation periods for some disposals/sentences will be reduced.

For example: 

• Custodial sentences over 1 year and up to 4 years will now become spent 4 years after the sentence ends. 
• Custodial sentences of up to 1 year will now become spent 1 year after the sentence ends. 
• Community Orders and Youth Rehabilitation Orders will now become spent at the end of the order.

The change will mean that in limited circumstances, some applicants will now see additional unspent records being disclosed.

Please contact DBS for more information.

RECAP:

Clarity for the candidate regarding the difference between a spent and an unspent conviction.

FURTHER READING:

None.