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Criminal Records Guide

Do I Have to Disclose a Spent Conviction in Scotland?

Disclosure periods for custody, Community Payback Orders, fines and fiscal fines, what spent means, and Level 1, Level 2 and PVG checks.

Last reviewed: 25 September 2026 Sources: listed at the end, each checked on the date shown Scotland

Who this guide is for

People with a conviction, or an alternative to prosecution such as a fiscal fine or a warning, who want to know whether they have to tell an employer or anyone else about it in Scotland. It explains the disclosure periods under the Rehabilitation of Offenders Act 1974 as it applies in Scotland, what spent means, and when some spent convictions still have to be disclosed.

What this guide does not cover

At a glance

What the rules depend on

  1. Where do you live or where is the job? Scotland: this guide. England, Wales or Northern Ireland: see that guide.
  2. Was it a court sentence or an alternative to prosecution? Warnings and fiscal fines have their own, much shorter rules below.
  3. What sentence did you get, and how long was it? Custody, a Community Payback Order, a fine, an admonishment or another sentence. If you do not know the length, this guide cannot give the date it becomes spent.
  4. What was the date of conviction, and how old were you then? The period counts from the date of conviction. Under 18: most periods are shorter.
  5. What are you being asked for? Most jobs: only unspent convictions. A job that needs a Level 2 disclosure or PVG scheme membership, or another job listed in the 2013 Order: unspent convictions and some spent ones.

When a conviction becomes spent

Disclosure periods count from the date of conviction. The shorter period in brackets applies if you were under 18 on the date of conviction.

Custodial sentences

Other sentences

Alternatives to prosecution

More than one conviction

Do I have to tell them?

Most jobs, insurance and other applications

Jobs that need a higher level check

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013 lists jobs and proceedings where the protection is switched off. For these, you have to disclose unspent convictions and some or all spent ones. Which spent ones depends on the offence and on the circumstances in which you are asked. Working this out can be complicated: ask the employer which level of check the job needs, and ask Disclosure Scotland what you must disclose.

Deadlines

Money figures

Where to go for help

Disclosure Scotland: 0300 020 0040, or email response@disclosurescotland.gov.scot. mygov.scot has its guidance on spent and unspent convictions.

Scottish Government guidance: "Self-disclosure of previous convictions and alternatives to prosecution" on gov.scot.

Citizens Advice Scotland: 0800 028 1456

Traps

Sources (checked 25 September 2026)

  • gov.scot: Self-disclosure of previous convictions and alternatives to prosecution: guidance (disclosure period begins from the date of conviction; custodial table up to 12 months +2 / +1 years, over 12 to 30 months +4 / +2, over 30 to 48 months +6 / +3, over 48 months excluded; 2019 Act review regulations not yet made; worked examples 3 and 10 years; section 6(4) solemn proceedings rule and exceptions; Q30 self-disclosure where the protections are disapplied, 2013 Order; basic disclosure consequences; not a bar to employment) and its summary (non-custodial table: absolute discharge and admonishment zero, bond of caution, fine or compensation order 1 year / 6 months, CPO / DTTO / RLO 12 months or length of order, adjournment or deferral, default 12 / 6 months; excluded sentences do not affect other convictions' periods). Checked 25 Sep 2026.
  • legislation.gov.uk: Criminal Justice and Licensing (Scotland) Act 2010 s109, inserting s8B and Schedule 3 into the 1974 Act (alternatives to prosecution: police or fiscal warnings and ASB fixed penalty notices spent when given, others after 3 months) + explanatory notes para 547-548. SSI 2020/45 explanatory note (the 2013 Order disapplies the protection from having to disclose a spent conviction). Checked 25 Sep 2026.
  • mygov.scot: Spent and unspent convictions (spent not shown on Level 1; offences that must be disclosed; offences disclosed according to rules 11 years / 5 years and 6 months; removal; Disclosure Scotland 0300 020 0040, response@disclosurescotland.gov.scot) + Disclosure levels (Level 1 replaced basic; Level 2 for specific roles such as solicitors and prison workers). gov.scot: AHP disclosure guidance (spent generally not disclosed, some categories of employment excepted; unspent must be declared when asked; Scots law for those living or seeking work in Scotland) + Pathways to employment guidance (four types of check from 1 April 2025; employers cannot ask about spent convictions unless the job is exempt). GOV.UK (MoJ): the 1974 Act applies in England, Wales and Scotland with differences; Disclosure Scotland applies Scottish law. Checked 25 Sep 2026.
Important disclaimer: This guide covers spent convictions in Scotland as at 25 September 2026. General legal information only, not legal advice. ukworkrights.co.uk, Not a law firm.

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