REHABILITATION OF OFFENDERS ACT 1974 s.5

BASIC POSITION

CAUTION: go to notes on Equality Act 2010/changes made by the Act for changes to discrimination law in effect from 1st October 2010. The unique emplaw EA 2010 cross-reference tool will locate new statutory references for you.

Subject to exceptions, persons convicted of criminal offences are entitled to have "the slate swept clean" after a certain period of time (Rehabilitation of Offenders Act 1974). Such convictions are then called "spent convictions" - see CRIMINAL LAW ASPECTS/Rehabilitation of Offenders Act/effect of rehabilitation .

For notes on the exceptions, covered by RoOA 1974, s.5(1), see CRIMINAL LAW ASPECTS/Rehabilitation of Offenders Act/penalties excluded from rehabilitation .

The period of time which must elapse before a conviction becomes a spent conviction varies, according to the nature of the offence and the age of the offender, from three months to ten years.

See also Criminal law aspects/vetting of job applicants and/or Criminal law aspects/Rehabilitation of Offenders Act/a general note and/or Criminal law aspects/Rehabilitation of Offenders Act/exceptions .


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updated December2008