Criminal Records, Spent Convictions and DBS (England & Wales): 12 questions answered
Most convictions and cautions in England and Wales become spent after a set rehabilitation period under the Rehabilitation of Offenders Act 1974. After that you usually need not declare them, and basic DBS checks no longer show them. Standard and enhanced checks follow separate filtering rules.
Law checked as at 25 September 2026. Legal information only, not legal advice. See how we check this page and recent changes.
When does a conviction become spent?
A conviction becomes spent when its rehabilitation period under the Rehabilitation of Offenders Act 1974 ends. For most sentences, that is a set time after the sentence finishes, including any time on licence. The periods were shortened by the Police, Crime, Sentencing and Courts Act 2022 from 28 October 2023, and the new periods apply to older convictions too. Some convictions are never spent, including prison sentences of over four years for serious violent, sexual or terrorist offences. A new conviction during a rehabilitation period can extend it.
How long are the rehabilitation periods for adults?
For people aged 18 or over when convicted, prison sentences of over four years (other than for serious violent, sexual or terrorist offences) become spent seven years after the sentence ends. For one to four years, it is four years after the sentence ends, and for 12 months or less, one year after it ends. Suspended sentences are treated in the same way, based on the length of the prison term. Community orders are spent when the order ends. Fines are spent one year after conviction, conditional discharges when the order ends, and absolute discharges immediately.
How long are the rehabilitation periods for under-18s?
For people under 18 when convicted, the periods are roughly half the adult ones. Custody of over four years (other than for serious violent, sexual or terrorist offences) is spent three and a half years after the sentence ends. One to four years is spent after two years, and 12 months or less after six months. Fines are spent six months after conviction. Referral orders, youth rehabilitation orders and conditional discharges are spent when the order ends. Absolute discharges are spent immediately. Youth cautions are spent immediately, and youth conditional cautions after three months.
Are cautions spent straight away?
A simple caution is spent immediately, for adults and children alike. A conditional caution is spent after three months, or sooner if it stops having effect. Once spent, a caution does not need to be declared for most jobs and does not appear on a basic DBS check. A caution is not a conviction, but it is an admission of guilt and is recorded on the Police National Computer. It can still appear on standard or enhanced DBS checks until it is filtered, as explained below.
Do I have to tell an employer about my criminal record?
For most jobs you only have to disclose unspent convictions and cautions, and only if you are asked. You do not have to reveal spent ones, and it is generally unlawful to refuse you a job because of them. The exceptions are roles covered by the Exceptions Order 1975, such as work with children or vulnerable adults, healthcare, law and some financial jobs. For these, you may be asked about spent convictions that have not been filtered. Insurers can only require disclosure of unspent convictions. Lying when properly asked can be a criminal offence.
What is the difference between basic, standard and enhanced DBS checks?
A basic check, which anyone can request for themselves, shows only unspent convictions and conditional cautions. A standard check, used for roles such as some legal and financial jobs, shows spent and unspent convictions and cautions unless they have been filtered. An enhanced check, used for work with children or vulnerable adults, shows the same plus any other information the police reasonably think is relevant. It can also include a check of the children's or adults' barred lists. Employers can only ask for standard or enhanced checks for eligible roles.
What is DBS filtering and when will an old offence stop showing?
Filtering removes some old, minor matters from standard and enhanced checks. An adult conviction is filtered after 11 years, and one received under 18 after five and a half years. An adult caution is filtered after six years. Filtering never applies to a conviction that led to a prison sentence, suspended or not, or to any offence on the DBS list of specified offences, such as serious violent, sexual and safeguarding offences. Even when filtered, the police can still include relevant information on an enhanced check.
Will a youth caution show up on a DBS check?
No, not automatically. Youth cautions, reprimands and warnings are not disclosed automatically on standard or enhanced DBS checks, and they are spent immediately for basic checks. Youth conditional cautions are treated separately and are not automatically removed in the same way, so check the current DBS filtering guide. On an enhanced check, the police can still disclose information they reasonably believe is relevant to the role, although this is uncommon for minor youth matters. Convictions received as a child are filtered after five and a half years if the other rules are met.
Can I get my record deleted from the Police National Computer?
Only in limited cases. Records of convictions and cautions are normally kept on the Police National Computer until the person reaches 100. There is no general right to have them deleted just because they are old or spent. You can apply to the police force to remove records of an arrest or charge that did not lead to a conviction or caution, for example where no crime was committed. You can ask for a copy of your record through a subject access request to the police or ACRO. Convictions can be removed if overturned on appeal.
Do motoring offences and penalty points go on my criminal record?
It depends how the offence was dealt with. A motoring offence dealt with in court is a criminal conviction. A fixed penalty notice is not usually recorded as a conviction on police records, so it will not normally appear on a DBS check, although the Rehabilitation of Offenders Act treats an endorsable fixed penalty like a conviction. An endorsement (penalty points), from a court or a fixed penalty, is spent five years later for adults, or two and a half years for under-18s. A driving ban is spent when it ends, and a longer ban or a prison term can delay this. Insurers may ask about points separately.
Do I have to declare a spent conviction when travelling abroad?
UK law on spent convictions does not bind other countries. Some countries, including the United States and Canada, ask about arrests or convictions on visa or travel forms whether or not they are spent in the UK. Answering those questions falsely can lead to entry refusal or a ban. If an embassy or immigration authority asks for a police certificate, this is issued by ACRO Criminal Records Office. Check the destination's official government guidance and consider specialist advice before you travel.
Where can I get help with a criminal record?
Unlock is a charity that gives free, reliable information and advice on criminal records, spent convictions, DBS checks, disclosure to employers and insurers, and travel. Its online disclosure calculator helps you work out when your convictions become spent. Nacro also runs a resettlement advice service. You can get a copy of your police record through a subject access request, or apply for a basic DBS check on GOV.UK. A solicitor can advise on challenging an inaccurate record or disclosure.
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Spent convictions checker →Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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