Spent vs Unspent

Understanding Spent and Unspent Criminal Convictions

The terms spent and unspent criminal convictions are legal distinctions defined under the Rehabilitation of Offenders Act 1974 (ROA). These terms determine whether and when a conviction needs to be disclosed to employers or other parties.



Key Features of Unspent Convictions:

  • Disclosure: Must be disclosed when applying for jobs, insurance, or certain licenses if asked directly about criminal convictions.
  • Rehabilitation Periods: Please see next slide



Key Features of Spent Convictions:

  • Disclosure: Typically does not need to be disclosed to employers, insurers, or other organisations.
  • Exceptions: Protected roles requiring an enhanced DBS check (e.g., working with children or vulnerable adults) require disclosure of spent convictions.

Legal Protections:

  • Individuals cannot generally be discriminated against based on spent convictions.
  • Employers cannot refuse employment based solely on spent convictions (unless exceptions apply).

Key Differences Between Spent and Unspent Convictions

Aspect Spent Convictions Unspent Convictions
Disclosure Generally not required (except for certain roles) Required for most situations when asked.
Legal Protection Cannot generally be used against an individual Can affect employment, licenses, and opportunities.
Rehabilitation Period Completed period; treated as though it didn’t happen Period still ongoing; conviction is active.
Job Applications Disclose only for roles requiring Standard and Enhanced DBS checks Disclose for any role if asked.
Insurance & Licenses No obligation to disclose (unless exempt) Disclosure typically required.
Complete and Continue