Rehabilitation of Offenders Act 1974

(redirected from Spent conviction)

Rehabilitation of Offenders Act 1974

An Act of (UK) Parliament, which allows as a public policy some criminal convictions to be “spent” after a rehabilitation period (RP), so those convicted of relatively minor offence aren’t faced with lifelong effects of past transgressions.

The RP is determined by the sentence, and begins on the date of the conviction. If there has been no further conviction during the RP, the conviction is spent and, with certain exceptions, need not be disclosed by the ex-offender in any context such as job applications, obtaining insurance, or in civil proceedings. For adults (over 18), the RP is 5 years for non-prison sentences, 7 years for prison sentences of up to 6 months, and 10 years for prison sentences of up to 2 years; convictions are never spent for prison sentences of more than 2 years. For offenders under 18, the RP is usually half that for adults.
References in periodicals archive ?
He said despite a spent conviction for deception 17 years ago, Stanger is respectable.
The evidence of a spent conviction is a fair indicator that the individual has done something sufficiently bad (or stupid) in the past.
There is no such thing as a spent conviction in US law.
Therefore, even travellers with a spent conviction are not eligible to travel visa-free.
Failing to disclose a spent conviction is not good grounds for dismissing or refusing to employ someone.
The spent conviction will still exist on record, but will not have to be disclosed at job interviews.
The court heard he had a previous, spent conviction dating back to 1994 of indecent assault upon a male.
The court was told King had a spent conviction for a similar offence.
A spokesman added: "It has been a spent conviction since 1976.
The tribunal heard the reference was supplied after a performance review at which Mr Foulds faced concerns about using a Wrenewal van for personal purposes, running up a phone bill for personal calls, and failing to disclose a spent conviction - a pounds 400 fine for an attempted fraudulent insurance claim.
The tribunal heard that the reference was supplied shortly after a performance review at which Mr Foulds faced complaints of using a Wrenewal van for personal purposes, running up a pounds 60 phone bill for personal calls, and failing to disclose a spent conviction dating back to 1982 - a pounds 400 fine for an attempted fraudulent insurance claim - on his job application form.
Under the terms of the Act, employers are not normally permitted to use a spent conviction as grounds for not employing or for sacking someone.