How long does it take for a conviction which will result in a fine and community order to become spent in England for someone over 18 years of age ?

  • What precisely do you men by "spent"? Do you mean that the fine and community order are vacated even if not served, or that there are no collateral effects of the conviction, or what? – ohwilleke Jan 9 '19 at 0:20
  • Spent like does not show up on dbs checks – Dan Khan Jan 9 '19 at 0:35

Under the Rehabilitation of Offenders Act 1974 as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, a conviction that results in a fine and community order becomes "spent" one year after the community order ceases to have effect. This conviction will not show up on a "basic" DBS check (the sort that the average employer is allowed to get).

However, even if the conviction is spent, it will show up on a "standard" or "enhanced" check. These are the sort of check that would be done if you're applying for an "exempt" jobs such as an accountant or teacher, or for certain legal proceedings such as adopting a child.

There's also the process of "filtering". If the conviction is your only conviction, and it's for a crime that's eligible for filtering, it will cease to show up on a "standard" or "enhanced" check 11 years after conviction.

| improve this answer | |
  • Thanks very useful. What about if for example there is no fixed date in which a community order ends as it may be determined by the number of hours served in the community. Does the same rules apply for thus ? E.g. spent after one year once the total hours for the community order have been completed ? – Dan Khan Jan 26 '19 at 11:08
  • I assume so. I haven't looked into the details of it. – Mark Jan 27 '19 at 10:00

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.