Spent convictions

[treenybean]

When is a conviction spent and are there certain convictions that are never spent.  For instance: attempted murder that results in a 2 year suspended sentence or probation.

[Grunty]

The main rehabilitation periods are as follows (for the first 4, if the person was under 17 at the time the period is halved):

For a sentence of imprisonment over 30 months never spent
For a sentence of imprisonment (or youth custody) between 6 months and 30 months 10 years
For a sentence of imprisonment (or youth custody) of 6 months or less 7 years
For a fine or any other sentence 5 years
For an absolute discharge 6 months
Borstal 7 years
Detention centre 3 years

[JudgeJ]

The periods set out by Grunty are detailed in the Rehabilitation of Offenders Act (1974). However, there are a large number of “exceptions” to the general provisions of the Act. These are listed in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. People in posts or occupations, or seeking appointment to such positions are obliged to disclose all convictions, whether “spent” under the terms of the Act or not.

Among the more obvious of these categories are police officers, doctors, barristers, solicitors, and those working with children. But the exceptions are numerous and applicants for such positions are advised at the start of their application that an exception applies.

The fact that a conviction is “spent” under the Act does not mean it is automatically removed from the Police National Computer. Chief Constables work under guidelines which allow them to keep data for various periods in excess of the timescales laid down in the Act.

[chappie]

I was once told by a police officer, entries are kept forever on the police computer. Even a caution would stay on police records indefinitely. Anyone know if this is correct?

[maverick777]

For the past two years I have been working for a company on a part time basis carrying out market research. Following a enhanced CRB check which showed I had a previous conviction for ABH back in 1997, I have been told verbally I will not be offered any further work.At the time of the conviction I received a 12 month conditional discharge and a small fine.I thought this conviction was spent and therefore should not preclude me from carrying out market research?

Please advise. My market research involved door to door as well as street interviews with adults. I was then asked if I was available to include children, to which I agreed and in doing so agreed to the enhanced check. However I had never inteviewed children or been offered any work with young children.