You appear to be using an unsupported browser, and it may not be able to display this site properly. You may wish to upgrade your browser.

We use cookies to collect anonymous data to help us improve your site browsing experience.

Click 'Accept all cookies' to agree to all cookies that collect anonymous data. To only allow the cookies that make the site work, click 'Use essential cookies only.' Visit 'Set cookie preferences' to control specific cookies.

Set cookie preferences

Your cookie preferences have been saved. You can change your cookie settings at any time.

Convictions and higher level disclosures

Apply to have convictions removed

Last updated
23 Sep 2024

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

If you have a conviction for same-sex sexual activity that would now be legal, you can apply for a disregard to remove it from your disclosure.

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:

  • check your disclosure result in your online account - your convictions that are eligible for review will be highlighted at the bottom of your result
  • select that you intend to apply to a sheriff
  • contact Disclosure Scotland (HLC.Appeal@disclosurescotland.gov.scot) within 10 working days of the date of issue on your disclosure result 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

Once you tell Disclosure Scotland you're applying to a sheriff, it cannot send a copy of your disclosure result to your countersignatory until the sheriff makes a decision. This may delay an employer from making a job offer.

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
Aberdeen Sheriff Court Annex and High Court of Justiciary Aberdeen Sheriff Court and Justice of the Peace Court Airdrie Sheriff Court and Justice of the Peace Court Annexe Alloa Sheriff Court and Justice of the Peace Court Ayr Sheriff Court and Justice of the Peace Court Banff Sheriff Court and Justice of the Peace Court Campbeltown Sheriff Court and Justice of the Peace Court Dumbarton Sheriff Court and Justice of the Peace Court Dumfries Sheriff Court and Justice of the Peace Court Dundee Sheriff Court and Justice of the Peace Court Dunfermline Sheriff Court and Justice of the Peace Court Dunoon Sheriff Court and Justice of the Peace Court Edinburgh Sheriff Court and Justice of the Peace Court Elgin Sheriff Court and Justice of the Peace Court Falkirk Sheriff Court and Justice of the Peace Court Forfar Sheriff Court and Justice of the Peace Court Fort William Sheriff Court and Justice of the Peace Court Glasgow Sheriff Court and Justice of the Peace Court Greenock Sheriff Court and Justice of the Peace Court Hamilton Sheriff Court Hamilton Sheriff Court Civil Building Inverness Justice Centre Jedburgh Sheriff Court and Justice of the Peace Court Kilmarnock Sheriff Court and Justice of the Peace Court Kirkcaldy Sheriff Court and Justice of the Peace Court Kirkwall Sheriff Court Lanark Sheriff Court and Justice of the Peace Court Lerwick Sheriff Court Livingston Sheriff Court and Justice of the Peace Court Lochmaddy Sheriff Court Oban Sheriff Court and Justice of the Peace Court Paisley Sheriff Court and Justice of the Peace Court Perth Sheriff Court and Justice of the Peace Court Peterhead Sheriff Court and Justice of the Peace Court Portree Sheriff Court Selkirk Sheriff Court and Justice of the Peace Court Stirling Sheriff Court and Justice of the Peace Court Stornoway Sheriff Court Stranraer Sheriff Court and Justice of the Peace Court Tain Sheriff Court and Justice of the Peace Court Wick Sheriff Court

 

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
Find out about call charges

Back to top