EXCEPTIONS
A conviction cannot be spent under the Act if it incurred a sentence of more that 2½ years in prison or was a life sentence, preventative detention or their equivalent for young offenders.
The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (SI 1975 No. 1023), as amended, provides that in certain circumstances the Act shall not apply.
It does not apply to the following professions: medical practitioner, barrister (in England and Wales), advocate (in Scotland), solicitor; chartered accountant, certified accountant; dentist, dental hygienist, dental auxiliary; veterinary surgeon; nurse, midwife; ophthalmic optician, dispensing optician; pharmaceutical chemist; osteopath, chiropractor, operator of the national lottery; registered teacher (Scotland); or to the following offices and employments: certain judicial and law enforcement officers; those involved with providing young people with accommodation, care, leisure and recreational facilities, schooling, social services, supervision or training (and those working on premises where such provision is made); those concerned with providing elderly, sick or disabled people with health or social services; building society officers or directors where a “relevant offence”, e.g. fraud, has been committed; certain regulated occupations.
REHABILITATION PERIODS
Rehabilitation periods vary depending on the type and length of conviction originally incurred.
| Sentence | Rehabilitation period |
|---|---|
Imprisonment, corrective training or sentence of detention in a young offenders’ institution for more than six months but not more than 30 months. | Ten Years * |
| Imprisonment or sentence of detention in a young offenders’ institution for a term not exceeding six months. | Seven Years * |
| A fine or other sentence not expressly covered by the Act. | Five Years * |
| Order for detention in detention centre. | Three Years* |
| Absolute discharge | Six months |
| Conditional discharge | One year |
| Probation | Five years* |
The rehabilitation periods given above indicated *may be reduced by half for a person under 18 at the time the sentence was passed. In the case of a probation order the period is two and half years from the date of conviction or a period beginning with the date and ending when the order ends, whichever is longer.