Rehabilitation of Offenders Act 1974
Under the Rehabilitation of Offenders Act 1974 criminal convictions can become spent or ignored after a rehabilitation period, although they remain on the Police National Computer. The rehabilitation period varies depending on the sentence or order imposed by the court - not the offence. Custodial sentences of more than two and half years can never become spent. The following sentences become spent after fixed periods from the date of conviction:
| Sentence | Rehabilitation period Age 18 or over when convicted |
Rehabilitation period Age 17 or under when convicted |
|---|---|---|
| Prison sentences of 6 months or less, including suspended sentences, youth custody (abolished in 1988) and detention in a young offender institution | 7 years | 3 and half years |
| Prison sentences of more than 6 months to 2 and half years, including suspended sentences, youth custody (abolished in 1988) and detention in a young offender institution | 10 years | 5 years |
| Borstal (abolished in 1983) | 7 years | 7 years |
| Detention Centres (abolished in 1988) | 3 years | 3 years |
| Fines (even if subsequently imprisoned for fine default), compensation, probation (for convictions on or after 3 February 1995), community service, combination, action plan, curfew, drug treatment and testing and reparation orders | 5 years | 2 and half years |
| Absolute discharge | 6 months | 6 months |
With some sentences, the rehabilitation period varies:
| Sentence | Rehabilitation Period |
|---|---|
| Conditional discharge or bind-over, probation (for convictions before 3 February 1995), supervision, care-orders | 1 year or until the order expires (whichever is longer) |
| Attendance centre orders | 1 year after the order expires |
| Hospital orders )with or without a restriction order) | 5 years or 2 years after the order expires (whichever is longer) |
| Referral Order | Once the order expires |
