Guidance Notes
A spent conviction is a conviction which, under the terms of Rehabilitation of Offenders Act 1974, can be effectively ignored after a specified amount of time. The amount of time for rehabilitation depends on the sentence imposed, not on the offence. The more serious the conviction, the longer the period of rehabilitation. For example, if you have received a prison sentence of more than four years, the conviction will never become spent, but cautions become spent immediately (apart from conditional cautions which will become spent after three months).
The Act aims to rehabilitate offenders by not making their past mistakes affect the rest of their lives if they have been on the right side of the law for some time.
Unless applying for particular types of work (see below), a person who has spent convictions and cautions does not have to disclose them to prospective employers. Employers cannot refuse to employ someone with spent convictions.
However, when applying to work in certain types of employment, for example, working with children or vulnerable adults, certain professions such as law, health care, and pharmacy, senior management posts within certain sectors and employment where matters of national security are involved, the application form will state that it is exempt from the Rehabilitation of Offenders Act 1974. In these situations, you will need to disclose all your cautions and convictions, and they may be disclosed on your DBS criminal records check.
Bid Solutions policy requires all short-listed applicants to declare criminal convictions that are unspent as defined by the Rehabilitation of Offenders Order legislation.