What Is The Difference Between Spent And Unspent Criminal Convictions?
Working out whether you will need to disclose your criminal record to insurance agencies, an employer, or any other organisation can be confusing. This is because it depends on whether your conviction is counted as spent or unspent. Fortunately, you can find out all about how to work out whether your conviction is classed as spent, or unspent under UK law in the post below.
Spent Criminal Conviction Vs Unspent Criminal Conviction
Spent convictions are ones that you do not have to disclose to employers or insurance agencies. Unspent convictions on the other hand are ones that you are legally obliged to disclose if you are asked about your criminal record.
While understanding the terms relating to convictions as spent and unpent is easy, understanding which one of these categories a past conviction falls under is not. Indeed, whether a conviction is classified as spent or unspent is dependent on a variety of factors, which you can read about below.
Spent Convictions And The Rehabilitation Period
Convictions transform from unspent to spent after a certain amount of time, known as the rehabilitation period has passed. However, the rehabilitation period varies depending on the age of the offender and the sentence they are given:
For those over 18 years old when convicted:
- A community order requires the full length of the order + 1 year
- A sentence less than or equal to 6 months requires the length of the full sentence + 2 years
- A sentence of more than 6 months and less than or equal to 30 months requires the length of a full sentence + 4 years
- A sentence of More than 30 months and less than or equal to 4 years requires the length of the full sentence + 7 years
However, if a sentence is over 4 years or a public protection sentence, the conviction will never be spent, which means you will always have to declare it.
For those under 18 years of age when convicted:
- A youth rehabilitation order requires the full length of the order + 6 months
- A sentence less than or equal to 6 months requires the length of the full sentence + 18 months
- A sentence of more than 6 months and less than or equal to 30 months, requires the full sentence + 2 years
- A sentence more than 30 months and less than or equal to 4 years, requires the full sentence + 3.5 years
However, just as with adults a sentence over 4 years, or a public protection sentence will never be spent, and will always require disclosure.
Additionally, there is no process in place to let people know officially whether their convictions are classified as spent or unspent. Instead, it is left up to the individual to work it out according to the details above, which can be both stressful and confusing.
Exceptions to the above rules
Even if your conviction meets one of the above criteria for being spent you may still need to declare it if it was for more than 4 years or if you are applying for a job that requires a Disclosure and Barring Service (DBS) check.
Disclosure and Barring Service (DBS) checks are needed for jobs where you work with vulnerable groups, are involved in public safety, or take care of the protected interests of individuals and include accountancy, medical and veterinary work, teaching and childcare, legal work, and being a locksmith.
Work with an experienced lawyer from J D Solicitors to resolve your spent vs unspent conviction queries
If you are concerned about whether you have a spent conviction or an unspent conviction then working with an expert legal advisor can help you clear the confusion. Our specialist team will be able to help you establish whether your conviction is spent or unspent and whether you need to declare it to employers, or insurance agencies.
if you need assistance with spent criminal conviction, or unspent criminal convictions contact our dedicated and tireless criminal law experts today at the numbers below:
Birmingham: 0121 674 4100
Willenhall: 01902 632 123
Emergency line: 07971 194 042
