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How long will it take before my caution or conviction becomes spent?

 

The rehabilitation period (the length of time before a caution or conviction becomes spent) is determined by the type of disposal administered or the length of the sentence imposed. It is calculated from the date of conviction or the date the caution is administered. The rehabilitation periods are shown in the table below.

 

 

Sentence/disposal Rehabilitation period for adults
(18 or over)
Rehabilitation period for young people (under 18)

Imprisonment or detention in a young offender institution for over 30 months (2 ½ years)

Never spent Never spent
Imprisonment or detention in a young offender institution over 6 months but not exceeding 30 months (2 ½ years) 10 years 5 years
Imprisonment up to 6 months 7 years 3 ½ years
Fine 5 years 2 ½ years
Community Sentence 5 years 2 ½ years
Conditional discharge The period of the order, or a minimum of 12 months (whichever is longer) The period of the order, or a minimum of 12 months (whichever is longer)
Absolute Discharge 6 months 6 months
Conditional Caution 3 months 3 months
Simple Caution, Reprimand, Final Warning Spent immediately Spent immediately

 

 

Some sentences carry variable rehabilitation periods. The main ones are as follows:

Compensation Order

On the discharge of the order
(i.e. when it is paid in full)
On the discharge of the order
(i.e. when it is paid in full)
Supervision Order N/A The period of the order, or a minimum of 12 months (whichever is longer)
Bind Over The period of the order, or a minimum of 12 months (whichever is longer) The period of the order, or a minimum of 12 months (whichever is longer)
Attendance Centre Order A period ending one year after the order expires A period ending one year after
the order expires
Hospital Order Five years, or a period ending two years after the order expires (whichever is longer) Five years, or a period ending two years after the order expires (whichever is longer)

 

 

Important Note: This is intended as general guidance only. It must not be regarded as a definitive interpretation of the Rehabilitation of Offenders Act 1974. Anyone in doubt should seek legal advice.

 

 

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