A conviction is a formal decision made by a court that someone has committed a crime. This can include things such as fines and prison sentences. However, when it comes to spent and unspent convictions, there are some key differences to be aware of. In this article, we’ll explore what distinguishing features set apart spent and unspent convictions in the UK.

We’ll also look at how they affect someone’s rights, including their ability to work or travel. Read on to learn more about how these two types of convictions differ in the UK.

What Is The Difference Between ‘Spent’ And ‘Unspent’ Convictions?

The main difference between spent and unspent convictions in the UK is that spent convictions are considered to be “wiped” from an individual’s criminal record after a certain period of time, while unspent convictions remain on an individual’s criminal record indefinitely.

Spent convictions can be removed from an individual’s criminal record after a set period of time has elapsed, depending on the sentence imposed by the court. For example, most cautions and minor offences will become spent after six months, while more serious offences can take up to 10 years to become spent. Once a conviction is spent, it is effectively removed from an individual’s criminal record and they will not need to disclose it to potential employers or landlords, for example.

Unspent convictions, on the other hand, remain on an individual’s criminal record indefinitely. This means that they will need to disclose them to potential employers or landlords, for example, throughout their lifetime. More serious offences can never become spent and will always remain on an individual’s criminal record.

How Long Does It Take Before A Conviction Is Spent?

A conviction is considered spent after a certain amount of time has passed, depending on the sentence. For most minor offences, a conviction becomes spent immediately when the sentence is completed. For more serious offences, the following applies:

– Prison sentences of less than four years become spent seven years after the end of the sentence.

– Prison sentences of between four and 10 years become spent 10 years after the end of the sentence.

– Prison sentences of 10 years or more never become spent.

The above also applies to community sentences and suspended sentence orders. For other types of sentence, including financial penalties, the time period before a conviction becomes spent may be different. For example, failure to pay a fine will usually mean that the conviction remains unspent indefinitely.

You can find out more information about spent convictions in the UK at the Government website.

How Do I Know If My Conviction Is Spent?

If you have been convicted of a criminal offence in the UK, your conviction will either be spent or unspent.

If your conviction is spent, then it no longer needs to be declared on applications for jobs, insurance and other purposes. If your conviction is unspent, then you will have to declare it on certain applications.

The time period until a conviction becomes ‘spent’ depends on the sentence received. You can use the Government’s interactive tool to check when your conviction will become spent.

If your conviction is spent, this means that you will not have to disclose it when applying for most jobs, insurance policies or mortgages. In some cases, you may not even have to disclose it on a criminal record check.

If your conviction is unspent, this means that you will have to disclose it when applying for most jobs, insurance policies or mortgages. In some cases, you may also have to disclose it on a criminal record check.

You can find out if your conviction is spent or unspent by using the Ministry of Justice’s online disclosure calculator.

How Long Does A Conviction Stay On Your Criminal Record?

The Rehabilitation of Offenders Act 1974 allows most criminal convictions to become “spent” after a certain amount of time has passed. This means that, although the conviction will still appear on your criminal record, you do not have to disclose it to anyone who asks. The length of time you have to wait for a conviction to become spent depends on the sentence you received:

• For a prison sentence of up to 30 months, you have to wait 7 years for the conviction to become spent.
• For a community sentence or probation, you have to wait 3 years for the conviction to become spent.
• For a fine, you have to wait 2 years for the conviction to become spent.

Certain types of conviction can never become spent, such as life sentences and some sexual offences. If you are not sure whether your conviction is eligible to become spent, you can check with the Criminal Records Bureau (CRB).

Do You Have To Declare Spent Convictions To An Employer?

If you have a spent conviction, you do not usually have to disclose it to an employer. However, there are some jobs which require you to disclose spent convictions, for example if you are applying for a job working with children or vulnerable adults.

If you have an unspent conviction, you will need to disclose it to your employer.

Failure To Disclose A Criminal Conviction

If you have a criminal conviction in the UK, it is important to disclose this information when prompted on job applications or other forms. Certain types of convictions may become “spent” after a certain amount of time, which means they are no longer considered relevant and do not need to be disclosed. However, other types of convictions remain “unspent” and must always be disclosed. Failure to disclose an unspent conviction can lead to serious consequences, including denial of employment, loss of current employment, and even imprisonment.

26 December 2022