If you have a criminal conviction from the past, you might wonder whether you have to tell your employer about it. This can be a worrying thought, especially if you’re applying for a new job or already working and want to keep your record private. You might have heard about something called a “spent conviction,” and you’re not sure what it means for you.
In this article, I’ll explain in simple terms what a spent conviction is, whether you need to declare it to your employer, and what the law says about it. You’ll also learn about your rights and what to do if you face difficulties because of your past convictions.
What Is a Spent Conviction?
A spent conviction is a criminal conviction that, after a certain amount of time, no longer needs to be disclosed in most situations. This period is called the rehabilitation period.
Think of it like this: if you have a conviction but have stayed out of trouble for a long time, the law allows you to treat that conviction as if it never happened in most cases. The idea is to give people a fair chance to move on with their lives without being punished forever for past mistakes.
The rules about how long a conviction takes to become spent depend on the type of offence, the sentence you received, and your age at the time.
Why Does the Law Allow Convictions to Become Spent?
The UK’s Rehabilitation of Offenders Act 1974 (ROA) was created to help people who have committed offences in the past to rebuild their lives. Without this law, many people would struggle to get jobs or housing because they would have to declare every conviction, no matter how old or minor.
By allowing convictions to become spent, the law recognises that people can change and should not be held back forever.
How Long Does It Take for a Conviction to Become Spent?
The length of the rehabilitation period depends on several things:
- The sentence you received: For example, a fine will have a shorter rehabilitation period than a prison sentence.
- Your age when convicted: If you were under 18, the rehabilitation period is usually shorter.
- The type of offence: Some very serious offences never become spent.
Here are some common examples of rehabilitation periods:
| Sentence Type | Rehabilitation Period for Adults | For Under 18s |
| Fine | 1 year after the date of conviction | 6 months |
| Community Order | Last day of the order | N/A |
| Custodial Sentence < 6 months | 2 years after end of sentence | 1 year |
| Custodial Sentence 6 months to 2.5 years | 4 years after end of sentence | 2 years |
| Custodial Sentence > 2.5 years | Never spent (except in very rare cases) | Never spent |
Note: Prison sentences over 4 years never become spent.
Since 28 October 2023, changes introduced by the Police, Crime, Sentencing and Courts Act 2022 have shortened some rehabilitation periods, meaning some convictions become spent faster than before.
Do You Have to Declare a Spent Conviction to Your Employer?
The short answer is usually no.
Under the Rehabilitation of Offenders Act, you are not legally required to tell your employer about a conviction that is spent. You can answer “no” if asked whether you have any convictions in most job applications.
Employers are also not allowed to discriminate against you for having a spent conviction when hiring or during your employment, except for certain specific roles.
When Might You Have to Declare a Spent Conviction?
Some jobs are exempt from the rules about spent convictions. These jobs are often those that involve a high level of trust or work with vulnerable people, such as:
- Healthcare workers (doctors, nurses, dentists)
- Teachers and school staff
- Jobs working with children or vulnerable adults
- Police officers and other law enforcement roles
- Legal professionals (solicitors, barristers)
- Certain financial roles involving sensitive information
If you apply for one of these jobs, your employer can legally ask about spent convictions, and you must declare them. These roles usually require a Disclosure and Barring Service (DBS) check, which can reveal both spent and unspent convictions.
What Is a DBS Check?
A DBS check is a background check requested by an employer to see if you have any convictions, cautions, or other relevant information on record.
There are three levels of DBS checks:
- Basic Check – Shows only unspent convictions.
- Standard Check – Shows spent and unspent convictions, cautions, reprimands, and warnings.
- Enhanced Check – Same as the standard check but may include additional local police information relevant to the job.
Only certain jobs can request the higher-level DBS checks. For most jobs, only a basic check is allowed, meaning spent convictions will not be revealed.
What Happens If You Don’t Declare an Unspent Conviction?
If you have an unspent conviction and your employer asks you directly about it, you are legally required to disclose it. Failing to do so can be considered dishonesty and might lead to disciplinary action or even dismissal.
If you lie or withhold information about an unspent conviction and the employer later finds out, they may have grounds to withdraw a job offer or dismiss you for breach of contract.
What If You Don’t Declare a Spent Conviction?
If a conviction is spent, you are under no legal obligation to declare it. If you choose not to disclose it, you cannot be penalised for this in most jobs.
If your employer finds out about a spent conviction that you didn’t declare (for example, through a third party), they must not treat you unfairly or dismiss you because of it.
Can You Be Dismissed for Not Declaring a Spent Conviction?
Generally, no.
The law protects employees from being dismissed solely because they have a spent conviction and did not disclose it.
A landmark legal case called Property Guards Ltd v Taylor and Kershaw (1982) confirmed that dismissal for not revealing a spent conviction is unfair.
That said, if you have a job that requires disclosure of convictions (exempt jobs), and you don’t declare a spent conviction, your employer might be justified in dismissing you.
What Can You Do If You Feel You Are Treated Unfairly Because of Your Convictions?
If you believe your employer has discriminated against you for having a spent conviction, you can take action.
- You can raise a grievance through your company’s complaint procedure.
- You may contact your union (if you belong to one) for advice.
- You can seek free advice from organisations such as ACAS (Advisory, Conciliation and Arbitration Service).
- If needed, you can take your case to an Employment Tribunal for unfair dismissal or discrimination.
Should You Disclose a Spent Conviction Voluntarily?
This is a personal decision.
In many cases, it is not necessary to tell your employer about a spent conviction. However, there may be situations where you want to be open about your past, for example:
- If the conviction might come up in a DBS check because of the job’s nature.
- If you want to explain gaps in your employment history.
- If you think honesty will build trust with your employer.
If you choose to disclose, do so carefully. Focus on how you have changed and what you’ve learned since the conviction. Emphasise your skills, reliability, and why you are suitable for the job.
What About Volunteering or Temporary Work?
The rules about spent convictions also apply to voluntary work. Organisations may ask about your criminal record depending on the role.
If the volunteering role is exempt from the ROA (for example, working with children), you will need to disclose spent convictions and possibly undergo DBS checks.
Summary: What You Need to Know
| Question | Answer |
| What is a spent conviction? | A conviction that no longer needs to be disclosed after rehabilitation. |
| Do I have to tell my employer about a spent conviction? | Usually no, unless the job is exempt from the ROA. |
| What jobs require disclosure of spent convictions? | Healthcare, education, law enforcement, legal professions, and certain finance roles. |
| What happens if I don’t declare an unspent conviction? | You must declare it if asked, or you risk dismissal for dishonesty. |
| Can I be fired for not declaring a spent conviction? | Generally, no. It is usually unfair dismissal. |
| Can employers discriminate against me for spent convictions? | No, except for exempt roles where full disclosure is needed. |
Final Thoughts
Dealing with criminal convictions can be stressful, especially when looking for or keeping a job. The good news is that the law offers protection through the Rehabilitation of Offenders Act, allowing many people to move on from past mistakes without having to declare old convictions.
Remember:
- Know your rights: You usually don’t have to tell your employer about spent convictions.
- Be honest about unspent convictions: If asked, you must declare them.
- Understand your role: Some jobs require full disclosure due to their nature.
- Seek advice: If you are unsure or face problems, talk to legal experts, unions, or advisory bodies like ACAS or Unlock.
Your past doesn’t have to hold you back. With the right knowledge and support, you can build a positive future.
