The Rehabilitation of Offenders Act 1974

Any conviction that is “spent” under the terms of the Act does not have to be disclosed by the Applicant unless the job comes within those exceptions specified in the legislation. Most of the exceptions relate to certain jobs in the public service, particular areas of the finance sector and entry into some professions (eg teachers, accountants, lawyers, doctors, pharmacists, dentists, nurses, social workers and those involved with children). Where such jobs are involved the prospective applicants must be advised of the exceptions. In all other cases it is not lawful for an employer to turn down an applicant for a job based on “spent” convictions.

The Act only applies to terms of imprisonment of 30 months or less and certain fines and other charges. The conviction becomes spent after a period of time which runs from the start of the sentence. This is in accordance with the following Tables:-

Table A (reduced by half for persons under 17)

Sentence Rehabilitation Period
Imprisonment, youth custody or corrective Training of 6-30 months Ten years
Cashiering, discharge with ignominy or dismissal with disgrace from HM’s Services Ten years
Imprisonment, youth custody or corrective Training ofless than six months  Seven years
Sentence of dismissal from HM’s Services Seven years
Detention in service disciplinary proceedings  Five years
Fine or any other sentence subject to the Rehabilitation of Offenders Act 1974 Five years

Table B applies to young Offenders where the rehabilitation period runs from seven to three years.

References obtained on new recruits must not refer to spent convictions and should be ignored if disclosed in error. The Data Protection Act makes it obligatory that all references to ‘spent’ convictions in any computerised records be wiped off.

  

All PBS information sheets are designed to provide the detail you need to implement best business and employment practices. They are not a detailed commentary on the current law and where advice is needed in a specific case you should contact PBS for expert consultation.

     

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