Understanding the Rehabilitation of Offenders Act (ROA) and working out when your conviction becomes spent can be difficult. In some cases, the rehabilitation period starts on the day you receive your conviction in court (for example if you’re given a fine or a conditional discharge) whilst for others, the rehabilitation period only starts once your sentence has ended (prison sentences and community orders).
But, what happens if you’ve already got a conviction when you receive another?
If your conviction is already spent, then it will remain spent and won’t be affected by any future convictions. However, if your conviction is unspent when you receive a further caution or conviction then one of the following will apply:
Receiving a police caution
If your latest outcome is a caution (either a simple a conditional caution), then the rehabilitation period of your existing unspent conviction will not be affected.
Receiving a conviction
If your latest outcome is a conviction, then both convictions will remain unspent until the one with the longest rehabilitation period is spent. This is known as ‘drag-through’.
For example
As an adult, David received two separate convictions. In March 2014 he was sentenced to one year in prison and then in December 2017 he received a further conviction and was sentenced to three years in prison.
David’s first conviction should have become spent in March 2019. However, because he received a second conviction while his first was still unspent, neither conviction will be spent until December 2027. Both convictions would appear on David’s basic Disclosure and Barring Service (DBS) check until December 2027.
If you receive a conviction which results in a prison sentence of more than four years, then neither your latest conviction nor your previous unspent conviction will ever become spent.
For example
In September 2021 Mohammed received a 12-month conditional discharge for shoplifting. This conviction should have been spent in September 2022 but in January 2022, he received a five-year prison sentence for robbery. As a result of the five-year sentence, neither of Mohammed’s convictions would ever be spent. Both convictions will always appear on a basic DBS certificate.
However, if your original conviction was one that could never become spent then further convictions which have a rehabilitation period can still become spent.
For example
In February 2005 Polly received a five-year prison sentence for robbery. This conviction will never be spent.
In August 2021 she received an 18-month prison sentence for burglary. This conviction will become spent in February 2027.
If you need help in working out when your conviction(s) will become spent, you can use our online disclosure calculator tool.
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