Rehabilitation Periods
A table of rehabilitation periods for the most common sentences and disposals, and example scenarios.
The below rehabilitation periods align with government legislation that came into force on 28 October 2023.
Under the Rehabilitation of Offenders Act 1974 (ROA), eligible convictions or cautions become ‘spent’ after a specified period of time, known as the ‘rehabilitation period’.
The rehabilitation periods depend on:
- the sentence given or disposal administered as a result of a conviction
- the age of the individual on the date they are convicted
The table below shows the rehabilitation periods for the most common sentences and disposals.
Rehabilitation Periods table
| Sentence or disposal | Rehabilitation period if aged 18 or over when convicted or disposal administered | Rehabilitation period if aged under 18 when convicted or disposal administered | |
|---|---|---|---|
| • Sentence of imprisonment for life • Sentence of imprisonment, youth custody, detention in a young offender institution or corrective training of over four years for a schedule 18 offence • Sentence of preventive detention • Sentence of detention at His Majesty’s pleasure • Sentence of custody for life • Public protection sentences* (imprisonment for public protection, detention for public protection, extended sentences of imprisonment or detention for public protection and extended determinate sentences for dangerous offenders) *A public protection sentence (the provisions for which are set out in Part 12 of the Criminal Justice Act 2003 and Part 8 of the Armed Forces Act 2006 means a sentence of imprisonment or detention, as detailed above, imposed for specified sexual and violent offences. |
These sentences are excluded from rehabilitation and so will always be disclosed | These sentences are excluded from rehabilitation and so will always be disclosed | |
| A custodial sentence of more than 4 years (not for a schedule 18 offence) | The end of the period of 7 years beginning with the day on which the sentence (including any licence period) is completed | The end of the period of 42 months beginning with the day on which the sentence (including any licence period) is completed | |
| A custodial sentence* of more than 1 year and up to, or consisting of, 4 years | The end of the period of 4 years beginning with the day on which the sentence (including any licence period) is completed | The end of the period of 2 years beginning with the day on which the sentence (including any licence period) is completed | |
| A custodial sentence of 1 year or less | The end of the period of 12 months beginning with the day on which the sentence (including any licence period) is completed | The end of the period of 6 months beginning with the day on which the sentence (including any licence period) is completed | |
| Removal from His Majesty’s service | The end of the period of 12 months beginning with the date of the conviction in respect of which the sentence is imposed | The end of the period of 6 months beginning with the date of the conviction in respect of which the sentence is imposed | |
| A sentence of service detention | The end of the period of 12 months beginning with the day on which the sentence is completed | The end of the period of 6 months beginning with the day on which the sentence is completed | |
| A severe reprimand or reprimand under the Armed Forces Act 2006 | The end of the period of 12 months beginning with the date of the conviction in respect of which the sentence is imposed | The end of the period of 6 months beginning with the date of the conviction in respect of which the sentence is imposed | |
| Driving endorsements | 5 years from the date of conviction | 2 years 6 months from the date of conviction | |
| Driving disqualification | When the period of the disqualification has passed | When the period of the disqualification has passed | |
| Simple caution, youth caution** | Spent immediately | Spent immediately | |
| Conditional caution, youth conditional caution, diversionary caution** | 3 months or when caution ceases to have effect if earlier | 3 months or when caution ceases to have effect if earlier | |
| A fine | The end of the period of 12 months beginning with the date of the conviction in respect of which the sentence is imposed | The end of the period of 6 months beginning with the date of the conviction in respect of which the sentence is imposed | |
| A compensation order | The date on which the payment is made in full | The date on which the payment is made in full | |
| Absolute discharge | Spent immediately | Spent immediately | |
| Relevant orders*** (orders that impose a disqualification, disability, prohibition or other penalty) | The end date given by the order or, if no date given, 2 years from the date of conviction - unless the order states ’unlimited’, ’indefinitely’ or ’until further order’ as in these cases it will remain unspent | The end date given by the order or, if no date given, 2 years from the date of conviction - unless the order states ’unlimited’, ’indefinitely’ or ’until further order’ as in these cases it will remain unspent | The end date given by the order or, if no date given, 2 years from the date of conviction - unless the order states ’unlimited’, ’indefinitely’ or ’until further order’ as in these cases it will remain unspent |
*Suspended custodial sentences are treated the same as custodial sentences for this purpose. It will be the length of the sentence imposed by the court, not the period it is suspended for that dictates when it will become spent.
**Diversionary cautions and community cautions were introduced under the PCSC Act 2022 and are due to come into force in 2024.
***Relevant orders include {:#eel-decline}
- community and youth rehabilitation orders,
- conditional discharge orders,
- hospital orders,
- bind overs,
- referral orders,
- care orders, and
- earlier statutory orders and
- any order imposing a disqualification, disability, prohibition, penalty, requirement or restriction, or is otherwise intended to regulate the behaviour of the person convicted.
Example scenarios
What if multiple sentences were given simultaneously?
If there is more than one sentence or disposal given for an offence, or multiple offences within the same proceedings, the rehabilitation period applied to the conviction(s) will be the one with the latest date.
Example
Anthony was convicted of burglary on 1 February 2018. He received a 2 year custodial sentence and was also ordered to pay a fine of £300. Anthony was over 18 at the time of his conviction.
The rehabilitation period for the 2 year custodial sentence would end on 1 February 2024, 4 years from the completion of his sentence. The rehabilitation period for the fine would end on 1 February 2019, 12 months from the date of his conviction .
However, because they were both given for the same conviction, the whole conviction would not become spent until 1 February 2024.
What if there is more than one conviction?
If there is more than one conviction but the rehabilitation periods do not overlap, there is no change.
If an individual is convicted again within the rehabilitation period of another conviction, in most instances this will affect when the convictions become spent i.e. neither conviction will become spent until the rehabilitation period with the latest date has ended.
Example 1
Sandra, age 19, was convicted of theft on 20 May 2015 and received a 4 month custodial sentence. This conviction would become spent on 20 September 2016.
On 1 February 2016, she is convicted of battery and receives a 3 month suspended custodial sentence. This conviction would become spent on 1 May 2017.
Both offences will remain unspent until the later date of 1 May 2017, because she was convicted of a further offence while within the rehabilitation period of the first offence.
In this case, both convictions would be disclosed on a DBS check issued before 1 May 2017.
Example 2
Ranjit, age 32, was convicted of fraud on 20 May 2015 and received a 3 month custodial sentence. This conviction would become spent on 20 August 2016.
On 1 February 2017 he was convicted of a further offence for which he was given a fine of £200. This conviction would become spent on 1 February 2018.
Although he has been convicted of a further offence, the first conviction had reached the end of the rehabilitation period before he received the second conviction.
In this case, only the later conviction would be disclosed on a DBS check issued between 21 August 2016 and 1 February 2018.
Exceptions
When considering the impact of an offence on the rehabilitation periods of other offences, relevant orders listed under 8 in the definition above, won’t be taken into account. They could however still be extended with reference to any other sentence that may have been passed at the same time that the order was imposed.
Example 1
On 1 August 2009, Marcus, age 26, was convicted of assault and given a 3 month suspended custodial sentence. This would become spent on 1 November 2010.
Marcus was then convicted of battery on 10 June 2010. He was sentenced to:
- a 6 month custodial sentence
- a restraining order until further order
- a fine of £50
The conviction for battery will remain unspent until further notice, due to the restraining order, and will be disclosed on a DBS check.
The earlier conviction for assault will have its rehabilitation period extended until 10 December 2011, when it will become spent. This is because Marcus was convicted of the second offence during the rehabilitation period of the earlier offence, so the rehabilitation period is extended according to the rehabilitation periods for the custodial sentence and fine he received following his battery conviction.
The restraining order until further order should not be used to extend a rehabilitation period of any other offence because it falls under ‘any other’ type of relevant orders in number 8 in the definition.
Example 2
Andrea, age 38, was convicted on 2 August 2015 of assaulting a supporter at a football match. As a result, she received a 4 month custodial sentence and a football banning order lasting 6 years. This conviction would become spent on 2 August 2021.
On 5 February 2018, she was convicted of criminal damage and received a fine of £100.
Although the criminal damage conviction overlaps with her first conviction it will still become spent on 5 February 2019 as it only overlaps with the football banning order.
The football banning order is a relevant orders under number 8 in the definition above so it will not be used to extend the rehabilitation order of the second conviction.
What if one of my convictions is excluded from rehabilitation?
If you have a conviction that is excluded from rehabilitation, then previous convictions that were unspent at the time would also never be spent.
Any further convictions after the conviction which is excluded for rehabilitation however can become spent once the normal rehabilitation periods have passed.
Example 1
Darren was convicted of manslaughter on 12 September 2014. He was sentenced to 5 years in prison. This conviction will never be spent because it is listed in Schedule 18 of the Sentencing Act 2000 and he was sentenced to over 4 years in prison. He had 2 previous convictions:
- 10 August 2008 - he was convicted of assault resulting in a 12 month community order and a fine. This was spent prior to the manslaughter conviction so it will not be disclosed on a DBS check
- 10 July 2014 - he was convicted of harassment resulting in a fine of £100 which would have become spent on 10 July 2015, however because it was unspent at the time of the manslaughter conviction it will now never be spent
Several years after his custodial sentence ended, Darren received a further conviction for a separate incident. On 7 February 2022 he was convicted of theft, resulting in a 6 month suspended sentence. This would become spent on 7 August 2023 as long as he is not convicted of a further offence during this time.
Example 2
Sharon was convicted of 2 counts of grievous bodily harm with intent on 26 September 2014. She received 3 years imprisonment (concurrent) for each.
Both disposals became spent on 25 September 2021.
Grievous bodily harm is a schedule 18 offence, but each sentence is less than 4 years imprisonment. Each sentence must be over 4 years in its own right to be excluded from rehabilitation and never spent.
Updates to this page
Published 28 May 2019Last updated 28 October 2023 + show all updates
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Guidance has been updated to reflect legislative changes that have come into force from 28 October 2023.
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First published.