What is the Rehabilitation of Offenders Act 1974?

by Michael Cheary

Everyone deserves a second chance in their career. 

If you’ve previously been convicted of a criminal offence, re-entering the workforce isn’t always easy. But if enough time has passed since you served your time, your legal history really shouldn’t be a hindrance. In fact, by asking about it directly when they shouldn’t, employers could potentially be breaking the law themselves.

Navigating the legal landscape can be difficult, but understanding your rights is crucial. To help you learn where you stand, here’s our quick guide to the Rehabilitation of Offenders Act 1974:

What is the Rehabilitation of Offenders Act?

The Rehabilitation of Offenders Act 1974 is a piece of legislation introduced to help ex-offenders re-enter the workforce. Its main goal is to ensure that people who have committed minor offences in the past aren’t permanently excluded from the job market.

Essentially, it enables some criminal convictions to become ‘spent’, or disregarded, after a set rehabilitation period has been completed. 

What are spent convictions?

A spent conviction is a previous conviction which can now be ignored.

Once the Rehabilitation of Offenders Act spent convictions period has passed, the offender is considered fully rehabilitated. In the eyes of the law (and most potential employers), you are treated as if you have never been cautioned or committed a crime.

This means:

• You do not have to disclose the conviction on job applications (unless the role is exempt).
• Employers cannot refuse to employ you based on that conviction.
• Employers cannot dismiss you because of that conviction.

This protection also applies to other organisations, such as insurance companies and mortgage providers.

Is my conviction spent?

Whether your conviction is spent or unspent will depend on the length of time that has passed since you served your sentence — as well as the severity of the sentence you received.

It’s important to note that the rehabilitation period usually starts from the date of your conviction, not the date you were released from prison.

As a result of changes made to the Rehabilitation of Offenders Act in 2014 (and subsequent updates in 2022), the following timeframes generally apply for adults (aged 18 or over at the time of conviction):

• Simple/youth caution: Spent immediately
• Conditional caution: Spent after 3 months
• Community order: The length of the order + 1 year (typically ends when the order ceases to have effect)
• Fine: 1 year from the date of conviction
• Custodial sentence (0 – 12 months): Period of sentence + 1 year
• Custodial sentence (12 – 48 months): Period of sentence + 4 years
• Custodial sentence (over 4 years): Never spent

For offenders under 18 at the time of conviction, these periods are generally halved.

Note: This is a general guide. For the most up-to-date and specific details on the  Rehabilitation Act 1974 spent convictions, check the official government guidance.

What are unspent convictions?

Any conviction that has not yet reached the end of its rehabilitation period is considered an unspent conviction.

Under the criminal law Rehabilitation of Offenders Act, custodial sentences of more than 4 years are considered ‘excluded’ sentences. This means they will never become spent. 

You will typically always have to disclose these when asked by an employer, regardless of how much time has passed since you completed your sentence.

Can the Rehabilitation of Offenders Act help me find work?

Absolutely. Because of the Rehabilitation of Offenders Act, most employers cannot legally ask candidates about spent convictions.

If a job application asks “Do you have a criminal record?”, and your convictions are spent, you can legally answer “No”.

Furthermore, spent convictions will not be disclosed on a Basic DBS check (Disclosure and Barring Service check). This gives you the confidence to apply for roles based on your skills and experience, rather than worrying about your past holding you back.

However, there are some notable exceptions you need to be aware of.

What positions are exempt?

Some positions are exempt from the Rehabilitation of Offenders Act 1974, meaning the law regarding spent convictions doesn’t apply in the same way. For these roles, an employer is legally allowed (and often required) to ask about your full criminal history, including spent convictions and cautions.

Some examples of Rehabilitation of Offenders Act exemptions include:

• Jobs involving working with children (e.g., Teachers, Social Workers)
• Jobs involving working with vulnerable adults (e.g., Care Workers)
• Jobs in the legal system (e.g., Lawyers, Police Officers)
• Jobs in healthcare (e.g., Doctors, Nurses, Pharmacists)
• Jobs in accounting and finance
• Certain transport jobs (e.g., Taxi Drivers)
• Jobs working with animals (e.g., Vets, RSPCA workers)
• National security roles

This isn’t an exhaustive list. It is always worth checking the specific requirements for the industry you are applying to. Exempt roles usually require a Standard or Enhanced DBS check, which will show spent convictions.

Why are these positions exempt?

Certain positions are exempt because they involve a high degree of trust or responsibility over vulnerable individuals, public safety, or sensitive information.

For example, if a role involves unsupervised contact with children, it is a safeguarding requirement to ensure the person has no history of offences that would put a child at risk. 

Similarly, roles handling sensitive legal or financial information require a high level of integrity where a full background check is deemed necessary for public protection.

What should I do if an employer has asked about a spent conviction?

If you are applying for a job that is not exempt, and an employer asks about a spent conviction, they may be breaking the law. They cannot refuse to hire you, or dismiss you, based on a spent conviction.

However, it’s important not to jump to conclusions or get angry immediately. Mistakes happen.

1. Check the role: Double-check if the role is definitely not exempt.
2. Seek advice: Before taking any action, seek advice from a professional employment body. ACAS (Advisory, Conciliation and Arbitration Service) provides free, impartial advice on workplace rights.
3. Contact the employer: You can politely query why they need that information, reminding them of the Rehabilitation of Offenders Act.

Please note, the information outlined above is intended for general guidance purposes only, and is subject to change. Always refer to the official legislation or seek legal advice for your specific circumstances.

Disclosing a criminal record: How (and when) to tell an employer

Frequently asked questions

Does a criminal record stay with you for life?

Not necessarily. Under the Rehabilitation of Offenders Act, most convictions become ‘spent’ after a specific period of time. Once spent, they generally don’t need to be disclosed. However, prison sentences of over 4 years are never spent and stay on your record for life.

Can I travel abroad with a criminal record?

The Rehabilitation of Offenders Act 1974 is UK law. Other countries have their own entry requirements. Some countries may require you to declare all convictions, including spent ones, for visa applications. Always check the entry requirements of the country you plan to visit.

Do I have to tell my current employer about a new conviction?

This depends on your employment contract. Check your contract carefully. Some contracts have a clause requiring you to disclose any criminal convictions received during your employment. If you work in an exempt role (like teaching), you must disclose it.

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