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Rehabilitation of Offenders

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The Government has amended the Police, Crime, Sentencing and Courts Act 2022 so that criminal convictions become spent after a shorter time, reducing the period that individuals are legally required to declare them to their employer.

The changes came into effect on 28 October 2023 and mean that:

Type of conviction Previous length of time required to disclose New length of time required to disclose

 

Custodial sentence of over 4 years Never spent 7 years (although certain offences are exempt and never spent including ‘serious violent, sexual and terrorism offences’
Custodial sentence of 2 ½ to 4 years 7 years 4 years

 

Custodial sentence of 1 – 2 ½ years 4 years 4 years
Custodial sentence of 6 months – 1 year 4 years 1 year

 

Custodial sentence of up to six months 2 years 1 year

 

If the individual was under the age of 18 at the time of the conviction, these rehabilitation periods are reduced.  If the individual re-offends within the rehabilitation period, these rehabilitation periods will be extended.

The reforms do not apply to roles where DBS checks are required.

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