Unspent convictions refer to criminal records that have not yet reached a point where they do not need to be disclosed anymore. These convictions are part of an individuals history and may need to be shared during activities such as job applications or background checks. The concept of "spent" convictions is designed to give people a chance to rebuild their lives without their past mistakes hanging over them forever. Spent conviction legislation allows the criminal records of offenders to be amended by removing some offenses after a certain period of time, with the idea of allowing former offenders to wipe the slate clean after a rehabilitation period.
The difference between spent and unspent convictions is based on the Rehabilitation of Offenders Act 1974 and depends on the sentence a person received in court. Certain convictions will never be ‘spent,’ while some convictions are based on the time passed since the conviction. Unspent convictions will show on Standard and Enhanced DBS checks, but employers must act as if the spent convictions have never happened. Most convictions will eventually become spent, and in some cases, convictions deemed less serious will be "filtered" and not show up on DBS checks.
In summary, unspent convictions are those records that have not yet reached a defined time and will appear on a Basic Criminal Record Check. Spent convictions, on the other hand, are those that have reached their rehabilitation period following a criminal conviction and are removed from an individual’s criminal record.
