"The Rehabilitation of Offenders Act was passed in recognition of the
barriers faced by offenders and ex-offenders in seeking employment. For
most jobs117, it allows some convictions to become ‘spent’ after a certain
period of time. Once a conviction is spent, if a person is asked whether
they have any criminal convictions they may, with impunity, declare
they have not. Thus it allows some ex-offenders to make job applications
with a ‘clean slate’. Should a job applicant fail to declare an unspent
conviction, if asked, and are recruited, they lay themselves open to being
sacked if the conviction is discovered.
However, the rehabilitation periods are lengthy. For adults, prison
sentences of more than six months to 2½ years take ten years to become
spent, prison sentences of up to six months take seven years, fines,
compensation, probation and community service take five years and
absolute discharges take six months (NACRO, 1999). Prison sentences
of more than two and one half years are never spent. The periods tend to
be halved for those aged under 18 at conviction.
Moreover, since introduction, rehabilitation periods have escalated, due
to changes in the rules, the treatment of new types of sentences and
changes in sentencing. Amendment to the rules and changes in sentences
have resulted in various non-custodial sentences moving from a
rehabilitation period of one year (or until the order expired) to five years
(NACRO, 1999).118 In addition, since 1974, sentencing has become more
severe, leading to offenders who would have previously received a noncustodial
sentence being given custody and those committed to custody
receiving longer sentences. Thus offenders whose convictions would have
been spent in shorter amounts of time when the Act was drawn up have
much longer rehabilitation periods or have convictions which are never
spent."