Spent Convictions & Disclosure to Employers

Significant changes to the Rehabilitation of Offenders Act 1974 came into force on 28 October 2023, reducing the length of time many individuals are required to disclose criminal convictions to employers.

These reforms, introduced under the Police, Crime, Sentencing and Courts Act 2022, mark a substantial shift in how long convictions remain “unspent” and aim to improve access to employment for those with historic offences.

At Clifford Johnstons, we advise individuals on spent convictions and criminal record disclosure, particularly where past offences continue to affect career prospects.

What changed in October 2023?

The law now shortens the rehabilitation periods for many offences. This means that convictions become “spent” sooner, and in most cases no longer need to be disclosed to employers.

Previously, some individuals were required to disclose convictions for life, even where the offence was minor, historic, and followed by years of good character. The reforms address that imbalance.

According to government estimates, over 120,000 people are expected to benefit from these changes, making it easier to secure employment and move on from past convictions.

What is a “spent conviction”?

A conviction becomes spent after a defined rehabilitation period, provided no further offences are committed during that time.

Once spent:

• it does not usually need to be disclosed to employers
• it should not be used as a basis for refusing employment
• it cannot generally be relied upon to dismiss an employee

This applies to most roles, although there are exceptions for certain regulated professions.

New rehabilitation periods (from October 2023)

The updated law significantly reduces rehabilitation periods for many sentences.

For example:

• community orders become spent at the end of the order
• custodial sentences of 12 months or less become spent after 1 year
• sentences between 1 and 4 years become spent after 4 years
• some sentences over 4 years may now become spent after 7 years

This is a substantial change from the previous system, where longer custodial sentences often resulted in lifelong disclosure requirements.

What happens if you reoffend?

If a further offence is committed during the rehabilitation period, both the original and new convictions must be disclosed for the duration of the longer rehabilitation period.

Which offences are never spent?

Not all convictions benefit from the new rules.

Serious offences, particularly sexual, violent, and terrorism-related offences, may never become spent. In those cases, disclosure obligations remain in place indefinitely.

In addition, stricter disclosure rules apply to regulated roles, including work with children or vulnerable adults.

Employment and spent convictions

For most jobs, employers should not ask about or take into account spent convictions.

If an employee is dismissed solely for failing to disclose a spent conviction, this may give rise to a claim for unfair dismissal, provided the employee has the required length of service.

Why these changes matter

The 2023 reforms recognise that people should not be defined indefinitely by past mistakes, particularly where there has been no further offending.  Reducing disclosure periods improves access to employment, supports rehabilitation, and allows individuals to move forward without unnecessary barriers. However, the rules remain complex. Whether a conviction is spent, and whether it must still be disclosed, depends on the type of offence, the sentence imposed, and the role applied for.

How Clifford Johnstons can help

We advise on all aspects of criminal record disclosure and spent convictions, including:

• whether a conviction is now spent under the new law
• whether it must be disclosed for a particular role
• employment issues arising from historic convictions
• interaction with DBS checks and regulated professions

Our approach is practical, clear, and focused on protecting your position.

Speak to a Criminal Defence Solicitor

If you are unsure whether your conviction is spent, or how the Rehabilitation of Offenders Act changes affect you, it is important to seek advice at an early stage.

Our experienced DBS Investigation Solicitors provide clear, practical guidance on disclosure and your rights. As trusted Stockport Solicitors, we advise clients on sensitive criminal record issues with discretion and care.

Contact Clifford Johnstons today for a confidential discussion about your options.