Spent vs. Unspent Convictions: What Employers Need to Know

During the hiring process, criminal background checks frequently include both spent and unspent offences. Understanding the distinction is critical for employers—not only for making informed hiring decisions, but also for maintaining legal compliance. This article explains everything you need to know about these terms in clear, easy-to-understand language.

Before we go into spent and unspent convictions, let's define a conviction and discuss several other forms of records. This is significant since certain records should not be considered while making hiring decisions.

Here is an overview of the various sorts of records relating to criminal offences:

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Convictions

A conviction occurs when a court officially declares someone guilty of a crime. It appears on their criminal record and can have a significant influence on their life. If someone is found guilty, they might receive:

• A fine
• Discharge
• Time in Prison
• Community service
• Other Penalties

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Cautions

A caution is like a formal warning from the police for admitting to a minor offense. It's not a conviction, but it does go on their police record and might be shown in certain situations, like when applying for jobs. How long a caution stays on record usually depends on what the offense was and how old the person is. If they're over 18, it's usually 7 years; if they're under 18, it's 2 years.

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Diversionary Youth Conferences

This is an alternative way of handling things for younger people (under 18) who've committed less serious offenses. It involves a meeting—usually with the young person, the victim (if appropriate), and other relevant people—to discuss what happened and figure out a way for the young person to make amends. It's not a conviction, but it is documented and could be disclosed for up to 2 years after the conference.

Informed Warnings

These are similar to cautions, but a bit more informal. They're given by the police to young offenders. They don't go on a person's criminal record, but they are logged by the police and could be disclosed for 12 months.

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The Barred List

This is a list maintained by the Disclosure and Barring Service (DBS). It includes the names of people who are barred from working with children or vulnerable adults because they have a conviction or caution for specific offenses.

It's key to remember that cautions, youth conferences, and informed warnings are not the same as convictions. However, they can still have implications, particularly when it comes to employment and background checks.

What Are Spent and Unspent Convictions?

A conviction becomes "spent" when the Rehabilitation Period under the Rehabilitation of Offenders Act 1974 has passed, allowing it to be treated as if it never happened (except in certain situations). In contrast, an "unspent" conviction is still active and will appear on all levels of DBS checks (Disclosure and Barring Service checks).

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Key Differences:

• Spent Convictions: No longer legally required to be disclosed in most employment scenarios.
• Unspent Convictions: Must be disclosed if requested during a background check, particularly in jobs involving sensitive responsibilities.

Types of Sentences and Their Rehabilitation Periods

Here’s a quick breakdown of common sentences and when they become spent:

How Do DBS Checks Work?

DBS checks are a cornerstone of employment background screening in the UK. There are four levels, and each discloses different information:

1. Basic DBS Check Includes only unspent convictions.
2. Standard DBS Check Includes both spent and unspent convictions, along with cautions.
3. Enhanced DBS Check Includes all information from the Standard DBS Check plus police intelligence relevant to the role.
4. Enhanced DBS Check with Barred Lists Includes everything above, plus checks against the barred list for individuals prohibited from working with children or vulnerable adults.

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Responsibilities of Employers

Employers have a legal and ethical responsibility when dealing with candidates' criminal records. Here’s what you need to know:

1. Respect the Law: For most roles, you can only ask about unspent convictions. For roles exempt under the Exceptions Order, spent convictions may also be considered.
2. Conduct the Right DBS Check: Determine the appropriate level of check for the role. Jobs involving vulnerable populations, such as schools or healthcare, may require Enhanced DBS Checks.
3. Safeguard Data: Ensure candidates’ personal data, including criminal records, are handled securely and used only for their intended purpose.
4. Avoid Discrimination: It is illegal to discriminate based on spent convictions unless the role legally requires such consideration.

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Beyond Spent and Unspent Convictions

While DBS checks are essential for understanding an applicant’s criminal history, they are just one piece of the puzzle. Comprehensive pre-employment background checks can also include:

• Educational Verification: Ensuring the candidate’s academic credentials are accurate.
• Employment History Checks: Confirming prior roles and experience.
• Character References: Gaining insights into their integrity and work ethic.

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Final Thoughts

Understanding the difference between spent and unspent convictions isn’t just about compliance—it’s about creating fair opportunities while maintaining a safe workplace. Employers must strike a balance between respecting an individual’s right to rehabilitation and safeguarding their organisation’s interests.

If you’re looking for a seamless way to conduct background checks, including all levels of DBS checks, consider working with Complygate. With automated processes, customisable requirements, and quick results, we make it easier for you to make informed hiring decisions without the hassle.

Ready to simplify your hiring process? Let’s talk! https://www.complygate.co.uk/contact