How Long Does a Conviction Stay on My Record? When Will My Conviction Be Spent?

After being convicted of an offence, most people understandably focus on the sentence: what it is, how long it lasts, and what they must do to comply. But once that immediate concern fades, questions about the longer-term consequences—such as the impact on employment, travel, and reputation—often arise.

A common misconception is that a criminal conviction stays on your record forever. In reality, that’s not always the case. Whether a conviction remains on your record—and for how long—depends on the nature of the offence, the sentence imposed, and the purpose of the background check.

What Is a Conviction?

In this context, a person is "convicted" when they either plead guilty or are found guilty at trial in the Magistrates’ Court or Crown Court. From that point on, they are officially considered to have a criminal conviction.

The details of the conviction are recorded by the court and passed to the police to be entered into the national database. But when does that conviction become "spent"?

What Does “Spent” Mean?

Under the Rehabilitation of Offenders Act 1974, a "spent" conviction is one that you no longer have to legally disclose after a certain amount of time—known as the rehabilitation period. Once a conviction is spent, it typically does not need to be mentioned when applying for most jobs, housing, or insurance.

Not all convictions are treated equally. Some become spent immediately. Others may never become spent. The length of time before a conviction is spent depends on the offence and the sentence given.

When Is a Conviction Never Spent?

Some convictions can never be spent, regardless of how much time has passed. This usually applies when:

• A sentence of life imprisonment or custody for life is imposed.

• The conviction is for a “specified offence” under Schedule 18 of the Sentencing Act 2020.

These offences include, but are not limited to:

• Murder

• Rape and serious sexual offences

• Kidnapping and false imprisonment

• Terrorism-related offences

Such convictions will always appear on background checks and must always be disclosed.

When Is a Conviction Spent Immediately?

A conviction is spent immediately if the sentence was:

• A simple caution

• A youth caution

• An absolute discharge

These do not carry a rehabilitation period and are not typically disclosable after issue.

Rehabilitation Periods for Other Sentences

The length of time before a conviction becomes spent depends on the sentence imposed. Here are the key rules:

Fines

• Spent after 12 months from the date of conviction.

Compensation Orders

• Spent immediately after full payment is made.

Community Orders or Disqualifications

• If a court sets a date, the conviction is spent then.

• If not, it's spent 2 years after the date of conviction.

Custodial Sentences

Rehabilitation periods start after the sentence has been completed (including time on licence). They vary based on the length of the sentence:

Sentence Length	Rehabilitation Period (Adults)
Over 4 years	7 years
1 to 4 years	4 years
Up to 1 year	1 year

Note: These do not apply to specified offences, which can never be spent.

Suspended Sentences

The same rules apply as for custodial sentences. However, the rehabilitation period starts after the end of the full term (as if served in custody), not after the suspension period ends.

Multiple Sentences

• If sentences are concurrent (run at the same time), the longest sentence determines the rehabilitation period.

• If consecutive (one after another), their lengths are added together.

Note: These timeframes apply to adults. Different rules apply to individuals convicted under the age of 18.

For further guidance on rehabilitation periods see here. 

Do I Have to Tell My Employer About My Conviction?

If asked, you must disclose any unspent convictions to an employer. Once a conviction is spent, you usually don’t have to disclose it—unless you’re applying for certain regulated roles, such as becoming a solicitor or doctor, which have separate disclosure requirements.

Will My Conviction Show Up on a DBS Check?

There are three types of Disclosure and Barring Service (DBS) checks:

1. Basic

2. Standard

3. Enhanced

4. A spent conviction will not appear on a Basic DBS check.

5. It may still appear on Standard or Enhanced DBS checks, depending on the nature of the offence.

DBS checks look at records on the Police National Computer (PNC). Over time, eligible convictions and cautions may be filtered out of these records.

What Is Filtering?

Filtering removes certain convictions and cautions from Standard and Enhanced DBS checks after a specific time period, provided they meet eligibility criteria.

Filtering Rules (Adults):

• Cautions: Filtered after 6 years

• Convictions: Filtered after 11 years

Filtering Rules (Under 18 at time of conviction):

• Cautions: Filtered after 2 years

• Convictions: Filtered after 5.5 years

Exceptions: Offences on the Schedule 18 “specified offences” list are never filtered.

Once filtered, these are called “protected convictions” or “protected cautions”, and you are not legally required to disclose them. Employers conducting Standard or Enhanced DBS checks cannot ask about protected convictions.

Are There Any Exceptions?

Yes. A small number of roles (e.g., in national security, the police, judiciary, or firearms licensing) allow direct access to the PNC and may still view spent and filtered convictions.

Want to Check When Your Conviction Is Spent?

The UK government provides a helpful tool for checking when your conviction becomes spent. You can find it here.

Legal disclaimer: Articles are intended as an introduction to the topic and do not constitute legal advice. The information contained herein is accurate at the date of publication but please note that the law is ever changing and evolving. If you require advice in relation to any matter raised in this article please contact a member of the team.