Rehabilitation of Offenders Act 1974

The Rehabilitation of Offenders Act (ROA) 1974 applies to England, Scotland and Wales, and is aimed at helping people who have been convicted of a criminal offence and who have not re-offended since.

Anyone who has been convicted of a criminal offence, and received a sentence of not more than two and a half years in prison, benefits from the act, if they are not convicted again during a specified period otherwise known as the 'rehabilitation period’. 

Rehabilitation periods

The length of the rehabilitation period depends on the sentence given for the original offence and runs from the date of the conviction. Sentences can carry fixed or variable rehabilitation periods and these periods can be extended if the person offends again during the rehabilitation period. 

For example, if a person receives a sentence of imprisonment or detention in a young offenders institute of between six months and two-and-a-half years, the rehabilitation period is 10 years, (or five years if the individual was under 18 at the time of conviction). For an absolute discharge the rehabilitation period is six months.

Spent convictions

If the person does not re-offend during this rehabilitation period, they become a 'rehabilitated person', and their conviction becomes 'spent'.

However, if the sentence is more than two and a half years in prison the conviction never becomes 'spent'.

It is the sentence imposed by the courts that counts, even if it is a suspended sentence, not the time actually spent in prison.

Once a conviction is 'spent', the convicted person does not have to reveal it or admit its existence in most circumstances. However, there are some exceptions relating to employment and these are listed in the Exceptions Order to the ROA. 

Exceptions to the Rehabilitation of Offenders Act 1974

The two main exceptions relate to working with children or working with vulnerable adults. If a person wants to apply for a position that involves working with children and/or vulnerable adults they are required to reveal all convictions, both spent and unspent.

When an employer requests an individual to complete a CRB application the employer is asking an exempted question.

Find more information about employing someone with a criminal record (new window) on the Business Link website.