Spent and Unspent Convictions: What Shows Up on a DBS Check?
Spent and unspent convictions are one of the most misunderstood areas of the DBS checking process — for applicants and employers alike. Whether you have an old conviction and want to know if it will appear, or you are an employer trying to understand what a DBS certificate actually tells you, this guide covers everything you need to know.
We explain what spent and unspent convictions are, how the Rehabilitation of Offenders Act 1974 works, what appears on each level of DBS check, and what the filtering rules mean in practice.
Table of Contents
- What Are Spent and Unspent Convictions?
- The Rehabilitation of Offenders Act 1974
- Rehabilitation Periods: When Does a Conviction Become Spent?
- What Shows Up on Each Level of DBS Check?
- The Filtering Rules Explained
- What About Cautions, Reprimands, and Warnings?
- Exceptions to the Rehabilitation of Offenders Act
- What Employers Can and Cannot Ask
- Should You Declare a Spent Conviction?
- Frequently Asked Questions
- Final Thoughts
What Are Spent and Unspent Convictions?
When someone is convicted of a criminal offence in the UK, that conviction is initially classified as unspent. This means it is on their criminal record and — depending on the type of check — may be visible to employers.
After a set period of time, known as the rehabilitation period, most convictions become spent. Once spent, a conviction does not need to be disclosed in most circumstances, and in many situations it will not appear on a DBS check.
The key distinction is this:
- Unspent conviction — the rehabilitation period has not yet elapsed; the conviction is still active on the record
- Spent conviction — the rehabilitation period has passed; the conviction is considered rehabilitated under law
Whether a conviction is spent or unspent has significant implications for what shows up on a Basic, Standard, or Enhanced DBS certificate.
The Rehabilitation of Offenders Act 1974
The Rehabilitation of Offenders Act 1974 (ROA) is the legislation that governs spent and unspent convictions in England and Wales — specifically, when a conviction transitions from unspent to spent. Its purpose is to allow individuals who have served their sentence and demonstrated rehabilitation to move on without their past indefinitely affecting their employment prospects.
Under the ROA, once a conviction is spent, an individual is treated as if the offence never occurred — in most everyday situations. They are not required to disclose it on a standard job application, and an employer in a non-exempt role cannot legally take it into account.
However, the ROA includes significant exceptions — particularly for roles involving children, vulnerable adults, and positions of trust — where spent convictions may still be relevant and must be disclosed. These exceptions are covered in detail below.
The ROA was significantly amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), which reduced many rehabilitation periods and changed how sentences are classified.
Rehabilitation Periods: When Does a Conviction Become Spent?
The rehabilitation period — the time it takes for spent and unspent convictions to change status — is determined by the sentence received, not the offence itself. It is also worth noting that the clock starts from the date of conviction, not the date the sentence ends.
Here is a summary of the main rehabilitation periods under current rules:
| Sentence | Rehabilitation Period (Adults) |
|---|---|
| Custodial sentence of over 4 years | Never spent |
| Custodial sentence of 2.5–4 years | 7 years from end of sentence |
| Custodial sentence of 6 months–2.5 years | 4 years from end of sentence |
| Custodial sentence of under 6 months | 2 years from end of sentence |
| Community order | 1 year from end of order |
| Fine | 1 year from date of conviction |
| Absolute discharge | Spent immediately |
| Conditional discharge | Spent at end of discharge period |
Sentences of over 4 years — including life sentences — are never spent and will always appear on a Standard or Enhanced DBS check.
For those under 18 at the time of conviction, rehabilitation periods are halved, meaning convictions become spent more quickly.
What Shows Up on Each Level of DBS Check?
The level of DBS check determines how much of a person’s criminal record is disclosed. Understanding where spent and unspent convictions sit within each certificate level is essential for both applicants and employers. Here is a clear breakdown of what each certificate reveals:
Basic DBS Check
A Basic DBS check discloses unspent convictions only. Spent convictions do not appear — regardless of what the offence was or how serious it was, if the rehabilitation period has elapsed it will not show on a Basic certificate.
Basic checks are available to any employer for any role. They are typically used for positions that do not involve regulated activity or working with vulnerable groups.
Standard DBS Check
A Standard DBS check discloses both spent and unspent convictions, as well as cautions, reprimands, and final warnings — subject to the filtering rules (see below).
Standard checks are only available for certain roles specified in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 — such as solicitors, accountants, and some financial services roles.
Enhanced DBS Check
An Enhanced DBS check discloses everything a Standard check does, plus any additional information held by local police that a chief officer considers relevant to the role. This information does not need to relate to a conviction — it can include intelligence, allegations, or other matters on record.
Enhanced checks are required for roles involving regulated activity with children or vulnerable adults — including teachers, healthcare workers, social workers, and care home staff.
An Enhanced check can also include a check of the DBS barred lists — confirming whether an individual is prohibited from working with children or vulnerable adults.
The Filtering Rules Explained
Not every spent conviction or caution automatically appears on a Standard or Enhanced DBS certificate. The filtering rules determine which spent and unspent convictions — specifically the older or less serious spent matters — are removed from disclosure, a process sometimes referred to as “filtering out”.
Under the current filtering rules, a spent conviction will be filtered out (i.e. will not appear) on a Standard or Enhanced certificate if:
- It does not appear on the list of offences that are never filtered
- It resulted in a non-custodial sentence
- Enough time has passed since the conviction (11 years for adults, 5.5 years for under-18s)
- The individual has no other convictions on record
Certain serious offences — including sexual offences, violent offences, and offences against children — are never filtered and will always appear on a Standard or Enhanced DBS certificate, regardless of how long ago they occurred.
The filtering rules were updated following the DBS filtering guidance reforms to bring them in line with human rights legislation. If you are unsure whether a particular conviction would be filtered, the DBS publishes a list of offences that are never subject to filtering.
What About Cautions, Reprimands, and Warnings?
Criminal cautions, reprimands, and warnings are treated similarly to spent and unspent convictions for the purposes of DBS disclosure — but with shorter rehabilitation periods.
- Simple cautions — become spent immediately but may appear on Standard and Enhanced checks unless filtered
- Conditional cautions — become spent when the conditions are met or the caution period expires
- Youth reprimands and warnings — become spent immediately
Like convictions, cautions are subject to filtering on Standard and Enhanced certificates. A caution issued to an adult will be filtered after 6 years, provided it does not relate to a listed offence and the individual has no other matters on record.
A caution for a serious offence — including any sexual offence or offence against a child — will never be filtered and will always appear on a Standard or Enhanced DBS certificate.
Exceptions to the Rehabilitation of Offenders Act
Certain roles are exempt from the standard protections of the Rehabilitation of Offenders Act. For these roles, individuals are required to disclose all spent and unspent convictions — and employers are permitted to take them into account.
Roles that fall within the exceptions include:
- Teachers and those working in education settings
- Registered healthcare professionals — including doctors, nurses, and pharmacists
- Social workers and care workers in regulated activity
- Police officers and those working in the criminal justice system
- Solicitors, barristers, and certain financial services professionals
- Anyone working in regulated activity with children or vulnerable adults
For these roles, a Standard or Enhanced DBS check is typically required — and applicants must answer honestly when asked to declare all convictions, regardless of whether they are spent.
Providing false information on a DBS application — including deliberately failing to disclose a relevant conviction — is a criminal offence.
What Employers Can and Cannot Ask
For roles that are not exempt from the Rehabilitation of Offenders Act, employers are not permitted to ask applicants about spent convictions — and cannot refuse employment on the basis of a spent conviction that has not been disclosed.
For roles that are exempt — where a Standard or Enhanced DBS check is required — employers can ask about all spent and unspent convictions and are entitled to consider the full picture disclosed on the certificate.
Best practice for employers includes:
- Only requesting the level of DBS check appropriate to the role — requesting an Enhanced check for a role that only requires a Basic check is not permitted
- Having a clear ex-offenders policy in place that sets out how disclosed information will be considered
- Assessing convictions individually — considering the nature of the offence, how long ago it occurred, and its relevance to the role
- Not making automatic rejections based on the presence of any conviction without individual consideration
For guidance on which level of check is appropriate for a specific role, our team at APCS can help — get in touch or call us on 0343 611 2727.
Should You Declare a Spent Conviction?
Whether you need to declare a spent conviction depends entirely on the role you are applying for.
For standard roles not covered by the ROA exceptions, you do not need to disclose a spent conviction. If an employer asks about criminal history on an application form, check whether the question specifies “unspent convictions only” — most standard application forms should. If it does, a spent conviction does not need to be declared.
For exempt roles — such as those requiring a Standard or Enhanced DBS check — you must declare all spent and unspent convictions. Failing to do so is not only a breach of the application process but may constitute a criminal offence.
If you are unsure whether your conviction is spent, or whether your role is covered by the ROA exceptions, the Nacro criminal record support service offers free, confidential advice.
Frequently Asked Questions About Spent and Unspent Convictions
Does a spent conviction show on a Basic DBS check?
No. A Basic DBS check only discloses unspent convictions. Once a conviction is spent, it will not appear on a Basic certificate regardless of the offence.
Will a spent conviction always show on an Enhanced DBS check?
Not necessarily. Spent convictions on an Enhanced DBS check are subject to the filtering rules. Older, less serious spent matters may be filtered out — but convictions for serious offences, including sexual offences and offences against children, are never filtered and will always appear.
How do I know if my conviction is spent?
Your conviction becomes spent once the rehabilitation period for your sentence has elapsed. The rehabilitation period is based on the sentence you received, not the offence. Use the table in the rehabilitation periods section above as a guide, or seek advice from Nacro for your specific circumstances.
Can an employer reject me because of a spent conviction?
For standard roles, no — an employer cannot lawfully refuse employment on the basis of spent and unspent convictions that do not need to be disclosed. For exempt roles covered by the ROA exceptions, an employer can consider all disclosed information, but should assess convictions individually rather than applying automatic exclusions.
Does a caution count the same as a conviction on a DBS check?
Cautions are treated similarly to convictions for DBS disclosure purposes, but with shorter rehabilitation periods. A simple caution is spent immediately but may still appear on a Standard or Enhanced certificate unless it has been filtered. Cautions for serious offences are never filtered.
What is the difference between a Standard and Enhanced DBS check?
Both a Standard and Enhanced DBS check disclose spent and unspent convictions and cautions (subject to filtering). The Enhanced check additionally includes any relevant information held by local police, and can include a check of the DBS barred lists for roles involving regulated activity.
Can I check my own DBS record?
Yes. You can request a copy of your own criminal record through the Subject Access Request process on GOV.UK. This is sometimes called a ACRO certificate or police certificate, and shows the information held about you on the Police National Computer.
Final Thoughts
Spent and unspent convictions are a genuinely complex area — and the rules around what appears on a DBS certificate depend on multiple factors: the sentence received, how long ago it was, the level of check being carried out, and whether the role falls under the ROA exceptions. Understanding how spent and unspent convictions are treated at each check level is essential for making informed decisions on both sides of the hiring process.
The key points to take away are:
- A Basic DBS check shows unspent convictions only
- A Standard or Enhanced DBS check can show spent convictions, subject to filtering
- Some serious offences are never filtered and will always appear
- The rehabilitation period is based on the sentence received, not the offence
- For exempt roles, all convictions must be declared — spent or not
At APCS, we process DBS checks for over 19,000 UK organisations and can help you determine the right level of check for any role. Whether you need a single check or manage volume applications across a large workforce, our team is on hand with expert support — with 99% of applications forwarded to the DBS within one hour.
If you need to apply for a DBS check, or want advice on which check level is right for your organisation, we are here to help.