Understanding the Rehabilitation of Offenders Act 1974: A Guide to Moving Forward

Rik
Feb 12
5 min read

Updated: May 12

For individuals with past convictions, the Rehabilitation of Offenders Act 1974 (ROA) offers a crucial legal framework designed to help them move forward without facing a lifelong stigma. Under this Act, many convictions become spent after a specified rehabilitation period, meaning they no longer need to be disclosed in most areas of life, including employment, housing applications, and insurance.

If you have a criminal record, it is important to understand your rights under the ROA so you can make informed decisions about when and how to disclose your past convictions.

What Is the Rehabilitation of Offenders Act 1974?

The ROA was introduced to enable individuals with criminal records to reintegrate into society without being indefinitely penalised for past mistakes. The law recognises that, after a certain period of time without reoffending, most people should no longer have to disclose their past convictions.

This means that once your conviction becomes spent, you are legally entitled to say that you have no convictions in most circumstances. However, some serious offences never become spent, and there are exceptions for certain jobs that require a higher level of background checks.

Key Features of the ROA

1. Rehabilitation Periods Depend on the Sentence Received

Each type of criminal sentence has a specific rehabilitation period (with periods for under-18s typically being half that for an adult). This period begins from the end of the sentence (not the date of conviction). After this time has passed without further offences, the conviction is considered spent.

For example in England and Wales (Scotland and NI have different rules):

A simple Caution is spent immediately.
A Community Order becomes spent at the end of the order.
A fine becomes spent 12 months after conviction date.
A prison sentence of up to and including 12 months becomes spent one year after completion of the sentence (sentence plus one year for an adult).
A prison sentence of over 12 months and up to and including 4 years, becomes spent four years after completion of the sentence (sentence plus 4 years for an adult).
A prison sentence of over 4 years for offences which are not violent or sexual (e.g. Fraud) is spent after the sentence plus seven years (for an adult, 3.5 years for an under 18yo.

(For full rehabilitation periods and working out when an offence is spent, refer to a disclosure calculator, such as the one provided by Offploy.)

2. Some Convictions Never Become Spent

Certain very serious offences will never become spent. This means they must always be disclosed when asked, even decades later.

A prison sentence of over 4 years for serious violent and sexual offences (known as Schedule 18 offences) will never become spent.

If you are unsure whether your conviction can ever become spent, seek guidance from a sector specialist, or a legal professional.

3. Once Spent, Convictions Are Treated as if They Never Happened

If your conviction is spent, you are legally considered not to have a criminal record in most circumstances.

This means that:

✔ Employers cannot refuse to hire you based on a spent conviction (unless the role requires a Standard or Enhanced DBS check).

✔ Insurance companies cannot legally ask about spent convictions when offering cover.

✔ Housing providers must follow fair practices and should not discriminate based on spent convictions.

However, certain professions, such as teaching, law enforcement, healthcare, and even taxi drivers, solicitors and accountants, may require higher level background checks, which can reveal spent convictions.

4. Employers, Insurers, and Educational Institutions Must Adhere to the ROA

The ROA protects individuals with spent convictions from unfair discrimination. Employers, insurers, and educational institutions must follow the law when assessing applicants with criminal records.

Employers: Cannot ask about spent convictions unless the role requires a Standard or Enhanced DBS check.
Insurers: Should only ask about unspent convictions and cannot refuse cover based on a spent conviction.
Universities & Colleges: Should not discriminate based on spent convictions unless the course requires an Enhanced DBS check (e.g., nursing or teaching).

If you believe an employer or institution is unfairly discriminating against you based on a spent conviction, you may have grounds to challenge their decision.

How the ROA Can Help You Move Forward

Understanding your rights under the Rehabilitation of Offenders Act is essential when looking for work, applying for insurance, or securing housing. If your conviction is spent, you do not need to disclose it in most cases, allowing you to move forward without unnecessary barriers.

If you are unsure whether your conviction is spent, use our online disclosure calculator or seek advice from a sector specialist advisor.

By knowing your rights and how the ROA protects you, you can confidently navigate job applications, housing opportunities, and financial matters, helping you focus on building a positive future.