Rehabilitation of offenders
What is the Rehabilitation of Offenders Act 1974?
The Rehabilitation of Offenders Act 1974 helps reformed offenders who have stayed on the right side of the law when, for example, they apply for jobs and insurance.
Under the Act, following a specified period of time which varies depending on the disposal or sentence received, all cautions and convictions (except those resulting in prison sentences of over 30 months) become 'spent'.
What does 'spent' mean?
Once a caution or a conviction has become spent under the Act you do not normally have to tell anyone about it. There are some exceptions, but unless you are told one of these applies, you do not need to disclose spent cautions and convictions when filling in an application form for a job, for insurance, for a licence, or at an interview. An employer cannot refuse to employ someone (or dismiss someone) because he or she has a spent caution or conviction unless an exception applies.
When do I have to disclose my spent caution/conviction?
You will have to disclose all your cautions and convictions (even if spent) if you apply for work in certain specified areas of work. These are listed on the Rehabilitation of Offenders Act (Exceptions) Order. The specified areas mainly relate to work with children and vulnerable adults, in law enforcement and the legal system, and in high level financial positions. You will also have to disclose all your cautions and convictions if you apply for certain licences (such as a licence to work in the security industry) and in some legal proceedings.
Does the Rehabilitation of Offenders Act cover cautions?
Yes. The law was changed on 19 December 2008. The Rehabilitation of Offenders Act now covers simple cautions, reprimands and warnings (which become spent immediately) and conditional cautions (which become spent after 3 months). The change covers all simple cautions, reprimands, warnings and conditional cautions including those administered before 19 December 2008.
Fixed Penalty Notices and Penalty Notices for Disorder do not form part of a person's criminal record as there is no admission of guilt and therefore they do not need to be covered by the Rehabilitation of Offenders Act.
How long will it take before my caution or conviction becomes spent?
The rehabilitation period (the length of time before a caution or conviction becomes spent) depends on the type of disposal/sentence you received. For example:
- A sentence of imprisonment or detention in a young offender institution of over 30 months (2 ½ years) never becomes spent.
- A sentence of imprisonment or detention in a young offender institution of over 6 months but not exceeding 30 months (2 ½ years) becomes spent after 10 years (or 5 years if you were under 18 at the time of conviction).
- A sentence of imprisonment for up to 6 months becomes spent after 7 years (or 3½ years if you were under 18 at the time of conviction).
- A community sentence becomes spent after 5 years (or 2½ years if you were under 18 at the time of conviction).
- A fine becomes spent after 5 years (or 2½ years if you were under 18 at the time of conviction).
- An absolute discharge becomes spent after 6 months.
- A conditional caution becomes spent after 3 months.
- A compensation order becomes spent once the order has been discharged (i.e. when it is paid in full)
- A simple caution, reprimand or a warning becomes spent immediately.
When does the rehabilitation period start?
The rehabilitation period is calculated from the date the caution is administered or the date of conviction.
Which parts of the UK does the Rehabilitation of Offenders Act apply to?
The Rehabilitation of Offenders Act applies throughout the UK. However, there are some differences to the way in which it operates in Scotland and Northern Ireland. The information on this page applies to England and Wales only.
Important Note: This is intended as general guidance only. It must not be regarded as a definitive interpretation of the Act. Anyone in doubt should seek legal advice.
Further Information: For a more detailed explanation please see the Rehabilitation of Offenders Act guidance from the downloads section at the top right of this page.