Spent and unspent convictions: what charity organisers need to know

What does “spent” mean?

The Rehabilitation of Offenders Act sets the rules for when a conviction becomes spent. This depends on how the case was dealt with, the sentence and the person’s age at conviction. Some convictions never become spent. Check the current rules for the person’s circumstances. ^[1]

For most roles outside the exceptions, spent convictions do not need to be disclosed. Do not ask a volunteer to calculate a rehabilitation date from a simplified table in an old handbook. Where the answer is uncertain, give them time to obtain appropriate advice.

How is filtering different?

Filtering determines which records are automatically disclosed on standard and enhanced DBS certificates. Spent status alone does not establish whether a record is protected. Filtering depends on the offence, how it was dealt with, the person’s age and how much time has passed. ^[2]

Keep the two questions separate in training: “Is this spent?” and “Is this protected for this disclosure purpose?” Avoid promising that an old matter must have disappeared simply because many years have passed.

Ask only what the role allows you to ask

Some roles are exceptions to the usual rule that spent convictions need not be disclosed. Check whether the role is one of them before asking about spent records. Use DBS guidance to choose the check level. ^[3] Then check the Ministry of Justice rules on what the applicant has to tell you. ^[1]

Choose the declaration wording before advertising the role. Tell applicants why information is needed, how to disclose confidentially and who will consider it. A broad “Have you ever been in trouble with the police?” question is not a substitute for a lawful, precise question.

Assess a relevant disclosure in context

Start with the duties and the information you are allowed to consider. Discuss how the record relates to those duties, listen to the applicant’s explanation and consider any steps that could reduce risk. Record who made the decision and why.

For example, the organiser should be able to explain which responsibilities create a concern rather than writing only “conviction present”. Equally, a required barring restriction cannot be set aside by a favourable character reference.

If information is disputed or appears inconsistent, give the person a chance to clarify it and use the appropriate official route. Avoid circulating the issue to a whole volunteer committee simply to gather opinions.

Limit who can see the information and how long you keep it

The Information Commissioner’s Office (ICO) explains the legal reasons and extra authority needed to use criminal-record information. Its guidance also explains why you should limit how long you keep it. The guidance is under review following the Data (Use and Access) Act, so use the current version when writing a policy. ^[4]

Separate an appointment outcome from detailed disclosure material. Give event staff only the details they need for their work, such as whether a person has been approved for the assigned role. Set a date to review and, when appropriate, securely delete sensitive details rather than leaving them in a shared folder indefinitely.