You are required to declare any criminal convictions (including bind over and cautions) which are not “spent” in accordance with the Rehabilitation of Offenders Act 1974.
However, some of our posts are exemptions to the Act and this means that you are required to declare any convictions or cautions, regardless of whether or not the time limit has elapsed.
Please read this page before you complete a job application, along with the document about exceptions to these regulations listed at the foot of this page.
Disclosure of Criminal Convictions
Under this Act you are required to disclose details of previous convictions, until a certain length of time passes and the convictions become “spent”.
Under the above Act you do not need to provide details about either minor motoring offences or previous convictions once they become “spent”. This includes the date you sign the application form.
Please note the following when considering whether a conviction is spent:
- “spent” periods are halved if the conviction took place when you were aged 17 or less
- a sentence of longer than 2½ years in prison will never become “spent”
- a sentence of preventive detention and a sentence of detention during Her Majesty's pleasure is never “spent”; or
- it is immaterial for the process of calculating a “spent” conviction whether the sentence is suspended or not.
The information you provide will be treated strictly confidentially. Having a conviction will not necessarily bar you from employment. This will depend on the circumstances and background to the offence(s) which will be taken into account when considering how suitable you are for the type of work involved, should your application be successful.
Failure to disclose any “unspent” convictions may result in the offer of employment being withdrawn. If already appointed, you could be dismissed without notice.
Please see the list below which details the rehabilitation periods for criminal convictions.
Criminal Convictions and Time Periods before Becoming “Spent”
- For a sentence of imprisonment or youth custody exceeding six months but not exceeding two and a half years – 10 years
- For a sentence of imprisonment or youth custody not exceeding six months – 7 years
- For a sentence of Borstal training – 7 years
- For a fine or other sentence under this Act, not otherwise covered in this table – 5 years
- For an absolute discharge – 6 months
- For a probation order, conditional discharge or bindover, fit person orders, supervision order or care order under the Children and Young Persons' Acts (and equivalent in Scotland) – 1 year or until the order expires (whichever is the longer)
- For cashiering, discharge with Ignominy or dismissal with disgrace from Her Majesty's Service – 10 years
- For dismissal from Her Majesty's Service – 7 years
- Any sentence of detention in respect of a conviction in service disciplinary proceedings – 5 years
For detention by direction of Home Secretary:
- for a period exceeding six months but not exceeding two and a half years – 5 years
- for a period not exceeding six months – 3 years
- for a detention centre order – 3 years
- for a remand home order, an approved school order or attendance centre order – The period of the order plus a further year after the order expires
- for a hospital order under the Mental Health Acts – The period of the order plus a further 2 years after the order expires. (With a minimum of 5 years from the date of conviction.)
Exceptions where convictions and cautions do not become spent
There are specific jobs and types of employment which are exceptions to the Rehabilitation of Offenders Act (ROA). This means that convictions and cautions never become “spent” for these roles.
If you are applying for a position which falls within one of the work categories listed below you must declare any convictions or cautions you have had regardless of whether or not they would be considered “spent” in other circumstances.
East Sussex County Council