Apply to have convictions removed

You can apply to have spent convictions removed from your disclosure if you think they're not relevant.

However, if the spent conviction is for an offence that must be disclosed, a certain amount of time must pass before you can apply. It must be either:

• 15 years since your conviction, if you were 18 or over when convicted
• 7 years and 6 months since your conviction, if you were under 18 when convicted

How to apply

You need to apply to a sheriff. The sheriff will decide whether to remove the conviction from your disclosure. Disclosure Scotland cannot make this decision.

To apply, you must:

• make sure the conviction is spent and on either the list of offences that must be disclosed or the list of offences that are disclosed according to rules
• if your offence is on the list of offences that must be disclosed, make sure either 15 years (if you were 18 or over when convicted) or 7 years and 6 months (if you were under 18 years when convicted) have passed since your conviction
• contact Disclosure Scotland (HLC.Appeal@disclosurescotland.gov.scot) within 10 working days of the date of issue on your disclosure to tell them you're applying to a sheriff
• make your application to the sheriff within 3 months of telling Disclosure Scotland you're going to apply

When applying to a sheriff, you should:

• contact your local sheriff court
• tell the clerk of the sheriff court you want to make a summary application
• if it relates to a standard or enhanced disclosure, make the application under section 116ZB(2) of the Police Act 1997 - you can use a template
• if it relates to a PVG disclosure, make the application under section 52A(2) of the Protection of Vulnerable Groups (Scotland) Act 2007 - you can use a template
• include relevant information, such as the date of your disclosure and the date you notified Disclosure Scotland
• include details of the spent convictions you're applying to have removed
• explain why your conviction is not relevant

 

If you change your mind

If you decide not to apply to the sheriff, email Disclosure Scotland (HLC.Release@disclosurescotland.gov.scot) within 10 working days of the date of issue of your disclosure. They can then send the countersignatory copy of your disclosure to the organisation you're applying with.

You must contact Disclosure Scotland within 10 working days to tell them you're withdrawing your application, otherwise the countersignatory's copy of your disclosure will not be available. If you decide after 10 working days to withdraw your application to a sheriff and you still need a disclosure, you'll have to apply again and pay the fee.

About the sheriff's decision

The sheriff's decision is final and will be acted on by Disclosure Scotland. If the sheriff decides to remove a conviction, Disclosure Scotland will do a new criminal record check before they issue another standard, enhanced or PVG disclosure.

Help

The Scottish Courts and Tribunals Service website has more information on how to make a summary application.

You can also contact Disclosure Scotland for help.

Email: response@disclosurescotland.gov.scot

Phone: 0300 020 0040
Monday to Thursday 9am to 4pm
Friday 9am to 3:30pm
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