When is a conviction spent?
Once a conviction is spent, you usually do not have to tell employers, insurers or landlords about it. Work out the date. The rules changed in October 2023 and got kinder.
These rules cover England and Wales. In Scotland or Northern Ireland? Start here.
Why this matters more than people think
A conviction that is Spent means enough time has passed that the law lets you leave the conviction in the past. For most jobs and forms you can legally answer "no" to "do you have any convictions?" stops following you around. Job forms, home insurance, rental applications: for most of them, once it is spent, you can legally say no convictions. The October 2023 changes cut the waiting times sharply, and for the first time even sentences over 4 years can become spent, so dates people were once told were "never" are now real dates worth checking.
For jobs that need standard or enhanced DBS checks, spent convictions can still appear. GOV.UK explains when you have to tell an employer about a record, and you can request a copy of the record to see exactly what is held. The charity Unlock runs a free helpline for exactly these questions, and their advice on disclosure is excellent.
Common questions
What does "spent" mean?
Once a conviction is spent, the law treats you as if it did not happen for most purposes. You do not have to declare it when applying for most jobs, insurance, or housing, and it will not show on a basic criminal record check. It can still appear on standard and enhanced DBS checks for certain jobs, like working with children or in healthcare.
How long until a prison sentence is spent?
Under the rules in force since 28 October 2023: a prison sentence of a year or less becomes spent 12 months after the whole sentence ends. Over a year and up to 4 years: 4 years after the sentence ends. Over 4 years: 7 years after the sentence ends, unless it was for a serious violent, sexual or terrorism offence, in which case it is never spent. The clock runs from the end of the full sentence, including the licence part, not from release.
Do suspended sentences count as prison sentences?
Yes. A suspended sentence follows the same rules as a real prison sentence of the same length, even if they never went inside.
What about community orders and fines?
A community order is spent as soon as the order ends. A fine is spent 12 months after the conviction. A conditional discharge is spent when the discharge period ends. An absolute discharge is spent immediately.
Does a spent conviction show on a DBS check?
Not on a basic check, which is what most employers can ask for. Standard and enhanced checks, used for jobs with children, vulnerable people, healthcare, security and some finance roles, do show spent convictions, though old and minor ones can be filtered out over time. If a job asks for a standard or enhanced check, honesty is usually the safest route.
Was the person under 18 when convicted?
The waiting times are roughly halved. A sentence of a year or less: 6 months after it ends. Over 1 to 4 years: 2 years. Over 4 years: 3 and a half years, with the same serious offence exception.