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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50170
Experience:  Qualified Solicitor
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I have a criminal conviction for which I was given a 9 month

Customer Question

I have a criminal conviction for which I was given a 9 month custodial sentence on August 11th 2005. Is it true that under the reformed 1974 Rehabilitation Act this conviction is now spent? I have read to this effect in several places but want to be sure before I apply for my home insurance. Many thanks.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What is the specific question you have been asked on the insurance application form?
JACUSTOMER-ol7mzydd- : If I have a criminal conviction (other than motoring). But I thought you only need to declare unspent convictions?
Ben Jones :

Hi, you are correct that the conviction you received has now become spent because any custodial sentence of between 6 months and 2.5 years becomes spent after 4 years from the date of conviction. However, it also depends on what questions you are being asked on the application form. If they specifically ask you to declare spent convictions as well then you would have to declare this even if it is now spent. If on the other hand they only want to know if you have any unspent convictions or generally ask if you have a criminal record then you can answer in the negative because you have neither of those any longer. So you need to read the questions on the form when applying and tailor your answer based on those - the questions could vary from one insurance provider to the next

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks