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SOUTHALL MIDDLESEX UB1 2PD

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BRENT CROSS GARDENS LEGAL CENTRE
UNIT 5 THE EXCHANGE BRENT CROSS GARDENS
NW4 3RJ (ALSO OPEN WEEKENDS)

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What is the difference between spent and unspent?
The difference between a spent and unspent conviction is based on the Rehabilitation of Offenders Act, this is based on the sentence you would receive by a Judge or Magistrate in court, For example a conviction resulting in a fine would not become spent until 1 year has lapsed from the date you were convicted, not the date the offence was committed.

For any Spent Conviction
For job roles were only a Basic disclosure is required for example working in retail/wholesale etc you do not need to disclose spent convictions to an employer
They will not be disclosed on a basic criminal record check.
For some jobs you will need to disclose them if asked – these jobs will usually involve a standard or enhanced criminal record check. You only need to disclose this information if the conviction is not currently filtered (removed from a DBS/CRB check) in line with current Government guidance.
They will still be disclosed on standard and enhanced criminal record checks (unless filtered)
You might need to disclose them when travelling or working outside of the UK

SENTENCE
Rehab Periodage under 18when convicted
Rehab Periodage 18 or overwhen convicted

Prison sentence over 4 years
Never Spent
Never Spent

Prison sentence of 2 ½ years to 4 years
Sentence + 3 ½ Years
Sentence + 7 Years

Prison sentences of more than 6 months to 2 ½ years
Sentence + 2 Years
Sentence + 4 Years

Prison sentences of 6 months or less
Sentence + 18 Months
Sentence + 2 years

Community Service Order (Probation)
6 Months
1 Year

Fines
6 months
1 year

Absolute Discharge
Spent immediately
Spent immediately

For any Unspent Convictions
If asked by an employer, you have to disclose them,
They will be disclosed on all types of criminal record disclosure (basic, standard and enhanced).
You could be prosecuted if you fail to disclose unspent convictions when asked.
What is Filtering of convictions?
Filtering of convictions is the removal of offences off a DBS/CRB certificate.
In line with current guidance convictions are now filtered if:
Over 18 at the time of conviction:

Source: Criminal Records Services Ltd