For custodial and community sentences, the rehabilitation period will start from the end of the total sentence imposed by the court including the licence period — not from the day of release. The rehabilitation period includes an additional buffer period that runs from the end of the sentence.
This buffer period is determined by the length of total sentence imposed. David aged 25 is convicted of fraud in October and receives a two-year prison sentence. The rehabilitation period is the total length of the sentence i.
The buffer periods are halved if you were under the age of 18 when convicted, except for custodial sentences of six months or less, where the buffer period will be 18 months. The rehabilitation periods for custodial sentences including suspended prison sentences and community sentences are shown in Table A below. If the order is subsequently changed, this will not affect the rehabilitation period.
The rehabilitation period is not halved if the person was under 18 when convicted. The changes made to the Rehabilitation of Offenders Act by the Legal Aid, Sentencing and Punishment of Offenders Act provided for all subsequent community orders to have an end date.
Table B below contains the rehabilitation period for sentences which do not have buffer periods and for which the rehabilitation period starts from the date of conviction. Table B: Rehabilitation periods which do not have buffer periods so start from the date of conviction. This evidence of payment may be required before a basic disclosure can be issued by Disclosure and Barring Services DBS.
The following disclosure periods apply:. Disclosure periods for non-custodial sentences. All others are Category 2 AtPs. The Rehabilitation of Offenders Northern Ireland Order specifies the following rehabilitation periods. Does being on the Sex Offenders Register affect when my conviction becomes spent? If you are on the Sex Offenders Register i.
The rehabilitation period will be determined by the sentence or disposal you received. Andy was issued a simple caution for a relevant sex offence for which he is subject to notification requirements i. Dave was convicted of downloading indecent images and received a two-year community order. He will be on the Sex Offenders Register for five years, but his conviction will be spent after three years i.
If you have received a relevant order, your conviction will not become spent until the order has finished. If there is no end date specified on your order, the default rehabilitation period will be two years from the date of conviction.
If you have received an indefinite order, your conviction will remain unspent indefinitely. Veronica is convicted of harassment and receives a fine and a three-year restraining order. Although the rehabilitation period for a fine is only one year from the date of conviction, her three-year restraining order means that the conviction will not become spent until the three-year period has elapsed.
Not necessarily. If you were aged 18 or over when you were convicted, your community order will be spent one year from the completion of your order. If you were aged under 18 when you were convicted, your community or youth rehabilitation order will be spent six months from the completion of your order. If your community order does not have a specified end-date, it will be spent two years from the date of conviction. I received a suspended prison sentence.
How do I work out the rehabilitation period? Under the ROA, suspended prison sentences are treated in the same way as custodial sentences. It is the length of the sentence, rather than the length of the suspension, that determines the rehabilitation period.
In January , Nicole received a six month custodial sentence suspended for one year. The length of the sentence is six months, which means the rehabilitation period will be two years from the end of the six month period i. The period of suspension is one year, but this has no impact on the rehabilitation period. I received a short prison sentence and I am now subject to post-sentence supervision.
Will this affect the rehabilitation period? Under the Offender Rehabilitation Act , anybody sentenced to less than two years in prison will serve the second half of the sentence on licence and will then be subject to a further period of what is known as post-sentence supervision. The purpose of this is to ensure that all people being released from prison have a supervision period of at least 12 months. Post-sentence supervision will not have any impact on the rehabilitation period for your conviction.
In March , Gareth is sentenced to 10 months in prison. We are planning to produce specific guidance on this shortly. In the meantime, the easiest way to find out if you received an endorsement on your licence is by checking with the DVLA. The length of time that motoring offences stay on your licence is governed by road traffic legislation.
This is entirely separate to the time it takes for it to become spent under the ROA. It is perfectly possible for a motoring conviction to become spent under the ROA, but still be on your licence. There remains some confusion around motoring offences, the ways in which they link with your criminal record, and the reasons for the DVLA retaining data once it is spent under the ROA. For further information about DVLA records see here..
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Rehabilitation of Offenders Act Motoring convictions and the Rehabilitation of Offenders Act Comments: 8. If you are banned from driving for seven years and also fined and receive an endorsement on your licence, although the fine becomes spent after 1 year, and the endorsement is spent after 5 years, the rehabilitation period for the conviction would be 7 years.
A person is taken to be of good behaviour for the required period if, during that period, he or she is not convicted of an offence punishable by a term of imprisonment. If the person is so convicted, the qualifying period for the original offence starts to run from the date of the subsequent conviction.
A minor conviction is a conviction other than one for which a sentence of imprisonment of more than 6 months is imposed, a conviction for a sexual offence or a prescribed conviction. A minor conviction is also annulled if the offence ceases to be an offence.
Once an offence is annulled the convicted person is not required to disclose any information concerning the spent conviction. Any question concerning criminal history is taken only to apply to unspent convictions and references in Acts or statutory instruments to convictions or character or fitness do not include spent convictions. An annulled conviction or the non-disclosure of the annulled conviction is not grounds for refusing the person any appointment, post, status or privilege or revoking any appointment, post, status or privilege.
Business user demo only. Skip to content Spent Convictions. Spent Convictions Schemes The following information is provided as general guidance and is not exhaustive.
A full list of exclusions is available from the Office of the Australian Information Commissioner. The law affects Commonwealth authorities in the following ways: a person with a conviction protected by Part VIIC does not have to disclose that conviction to any person, including a Commonwealth authority, unless an exclusion applies; Commonwealth authorities are prohibited from accessing, disclosing or taking into account spent convictions of Commonwealth offences.
These include : where a prison sentence of more than 6 months has been imposed periodic or home detention is not considered a prison sentence ; convictions against companies and other corporate bodies; sexual offences pursuant to the Criminal Records Act ; and convictions prescribed by the Regulations.
Northern Territory Under the Criminal Records Spent Convictions Act NT , a conviction becomes spent automatically in the case of an adult or juvenile offender convicted in a Juvenile Court and by application to the Police Commissioner in the case of a juvenile convicted in an adult court upon completion of the prescribed period. The prescribed period is: 10 years for offences committed while an adult; and 5 years for offences committed as a juvenile The period starts on completion of any sentence of imprisonment.
Australian Capital Territory Generally, under the Spent Convictions Act ACT , a conviction becomes spent automatically at the completion of the prescribed crime-free period. This period is: 10 years for convictions recorded as an adult; or 5 years for convictions recorded as a juvenile. Queensland Under the Criminal Law Rehabilitation of Offenders Act Qld a conviction automatically becomes spent upon completion of the prescribed rehabilitation period.
This period is: 10 years for convictions of indictable offences where the offender was an adult at the time of conviction; and 5 years for other convictions summary offences or where the offender was a juvenile. It is unlawful for any person to disclose the conviction unless: the convicted person consents ; the Minister has granted a permit authorising disclosure where there is a legitimate and sufficient purpose for disclosing ; the disclosure is subject to an exemption.
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