Spent Convictions in the UK: England, Scotland & NI Rules

A criminal conviction becomes "spent" after a set rehabilitation period, after which it usually does not need to be disclosed. England and Wales, Scotland and Northern Ireland each run separate, non-mirroring rehabilitation periods, and a spent conviction is not automatically hidden from a DBS, Disclosure Scotland or AccessNI check.

What "Spent" Means, and Why It Is Not the Same as "Filtered"

Under the Rehabilitation of Offenders Act 1974 (ROA), most convictions and cautions become "spent" once a rehabilitation period has passed without a further qualifying conviction. Once spent, the person is generally treated as rehabilitated and does not have to disclose it, for example on most job applications or insurance forms, and cannot generally be turned down or dismissed on the basis of it alone.

There is an important exception. The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, and the equivalent provisions used in Scotland and Northern Ireland, list roles and circumstances where an employer or organisation is legally entitled to ask about spent convictions, and where the applicant must disclose them. These are the same roles that require a Standard or Enhanced DBS check in England and Wales, a Level 2 disclosure or PVG membership in Scotland, or a Standard or Enhanced AccessNI check in Northern Ireland.

"Spent" and "filtered" answer different questions. Spent is about the legal effect of a conviction, whether it has to be disclosed at all outside an excepted role. Filtered (sometimes called "protected") is about whether a specific check certificate actually shows it. A conviction can be spent under the ROA and still appear on a Standard or Enhanced-type certificate, because filtering removes only a narrower category of older, less serious spent items. Nothing is filtered from a Basic check either way, since a Basic check only ever discloses unspent convictions in the first place.

England and Wales: Rehabilitation Periods Under the ROA 1974 as Amended in 2023

In England and Wales, rehabilitation periods run under the ROA 1974 as amended by the Police, Crime, Sentencing and Courts Act 2022, which took effect on 28 October 2023 and shortened most periods compared with the pre-2023 law. Periods are generally counted from the end of the sentence, and the period for someone under 18 at conviction is roughly half the adult period.

The over-4-years band is new. Before the 2023 reform, any custodial sentence longer than 4 years could never become spent, whatever the offence. Since 28 October 2023, a sentence of more than 4 years can become spent after 7 years (42 months if the person was under 18), unless it was imposed for a Schedule 18 serious offence, broadly the most serious violent, sexual or terrorism-related offences. A small category of sentences still never becomes spent regardless of length: a life sentence, a sentence of detention for public protection, an indeterminate sentence for public protection (IPP), or an extended sentence.

Scotland: Rehabilitation Periods Under the 2019 Reforms

Scotland uses the ROA 1974 as amended by the Management of Offenders (Scotland) Act 2019, which commenced on 30 November 2020. Scotland's periods work differently from England and Wales in one key respect: most are counted mainly from the date of conviction, not the end of the sentence, and several periods are expressed as the sentence length plus an additional buffer.

Before the 2019 Act, the cut-off above which a custodial sentence could never become spent in Scotland was 30 months. The Act raised that cap to 48 months, so a sentence of up to 48 months can now become spent, on the sentence-plus-buffer basis above, where it previously could not.

Northern Ireland: Rehabilitation Periods Under the 1978 Order (a 2026 Reform Is Not Yet in Force)

Northern Ireland has not adopted either the 2023 England and Wales reductions or Scotland's 2019 reforms. It still runs under the original Rehabilitation of Offenders (Northern Ireland) Order 1978, so its rehabilitation periods are longer than either.

Change is coming, but has not arrived yet. A Justice Bill currently before the Northern Ireland Assembly would raise the never spent threshold from 30 months to 10 years, so custodial sentences of up to 10 years could become spent, while sentences of more than 10 years would still never be spent. The Bill has completed Committee stage (report ordered 26 March 2026) and Consideration Stage (completed 30 June 2026), with Further Consideration Stage and Final Stage still to come. It has not yet received Royal Assent and is not yet law. Until it passes and is separately commenced, Northern Ireland's spent-conviction position is governed entirely by the 1978 figures above, not the reformed ones.

When a Spent Conviction Can Still Be Disclosed

In all three nations, a spent conviction stops being automatically hidden once a role falls into an excepted category. In England and Wales this means a role that lawfully requires a Standard or Enhanced DBS check. In Scotland it means a role where an accredited body requests a Level 2 disclosure, or a regulated role covered by PVG scheme membership. In Northern Ireland it means a role listed under the Rehabilitation of Offenders (Exceptions) (Northern Ireland) Order 1979, checked through a Standard or Enhanced AccessNI check. Outside those excepted roles, an organisation is not entitled to ask about spent convictions at all, and a Basic check in any of the three nations only ever shows unspent convictions regardless.

Spent vs Filtered: Why a Spent Conviction Might Still Show Up

On a Standard or Enhanced-type certificate, both spent and unspent convictions are potentially disclosable, and whether a specific spent item is actually shown depends on filtering rules, separate from the rehabilitation period itself. In England and Wales, most non-specified cautions filter after 6 years for adults (immediately if the caution was given while under 18) and most non-specified convictions filter after 11 years (5.5 years if the person was under 18 at the time); specified serious, violent, sexual or safeguarding offences, and any conviction that resulted in a custodial sentence, are never filtered, so they can still appear on a certificate long after they became spent. Scotland and Northern Ireland apply their own, separately governed protected-conviction rules on Level 2 and Enhanced-type certificates rather than simply mirroring the English filtering periods. If you are unsure which check level applies to a role, or which nation's system governs it, start with Which Criminal Record Check Do You Need?.

For the wider picture, see the UK data privacy hub and the United Kingdom country hub. For the checks themselves, see DBS check: Levels, Fees & Filtering for England and Wales, Disclosure Scotland & the PVG Scheme for Scotland, and AccessNI Checks for Northern Ireland. If you are not sure which applies to you, start with Which Criminal Record Check Do You Need?.

This article explains rehabilitation periods under the Rehabilitation of Offenders Act 1974 as it applies, with different amendments, in England and Wales, Scotland and Northern Ireland. It is general information, not legal advice, and does not cover every disposal or exception. If a specific conviction's spent status affects a job application, a disclosure check, or a legal matter, confirm the current position with the relevant body (DBS, Disclosure Scotland or AccessNI) or a solicitor.

Frequently Asked Questions

What does it mean for a conviction to be spent?

A conviction is spent once its rehabilitation period has passed without a further qualifying conviction. Once spent, it generally does not need to be disclosed and cannot be held against the person, except for roles that are legally entitled to ask about spent convictions.

Is a spent conviction the same as a conviction that has been filtered?

No. Spent is about whether the conviction has to be disclosed at all under the Rehabilitation of Offenders Act. Filtered is about whether it actually appears on a specific Standard or Enhanced-type certificate. A conviction can be spent and still show up on such a certificate if it has not also been filtered or protected.

How long does it take for a conviction to become spent in England and Wales?

It depends on the sentence, counted from the end of the sentence: 12 months for a custodial sentence up to 1 year, 4 years for over 1 up to 4 years, and 7 years for over 4 years unless it was a Schedule 18 serious offence. Fines are 12 months and cautions are spent immediately or after 3 months for a conditional caution. Periods are roughly halved if the person was under 18 at conviction.

How long does it take for a conviction to become spent in Scotland?

Scotland counts mainly from the date of conviction rather than the end of sentence: a custodial sentence up to 12 months is spent after the sentence length plus 2 years, rising to sentence length plus 6 years for sentences up to 48 months. A custodial sentence over 48 months never becomes spent in Scotland.

How long does it take for a conviction to become spent in Northern Ireland?

Northern Ireland still uses the 1978 Order: 7 years for a custodial sentence up to 6 months, 10 years for 6 up to 30 months, and never spent for a custodial sentence over 30 months. These periods are longer than England and Wales or Scotland.

Can a spent conviction ever still need to be disclosed?

Yes. Roles that lawfully require a Standard or Enhanced DBS check, a Level 2 disclosure or PVG membership in Scotland, or a Standard or Enhanced AccessNI check in Northern Ireland are entitled to see spent convictions relevant to the role. Outside those excepted roles, spent convictions do not need to be disclosed.

Has the Northern Ireland Justice Bill's rehabilitation reform become law yet?

No. It is still a Justice Bill before the Northern Ireland Assembly, not yet an Act. It has completed Consideration Stage (30 June 2026) but Further Consideration Stage and Final Stage are still to come, and it has not received Royal Assent. Until it passes and is separately commenced, the 1978 Order's periods apply in full.

Do cautions become spent immediately?

In England and Wales, a simple or youth caution is spent immediately and a conditional caution is spent after 3 months. In Scotland, an admonition or absolute discharge is spent immediately. In Northern Ireland, an absolute discharge takes 6 months to become spent, so it is not immediate there.