You can apply to have certain convictions removed from your PVG scheme record if you think they're not relevant to the regulated work you're doing.
A spent conviction is a criminal conviction that under the Rehabilitation of Offenders Act 1974, can be treated as 'spent' - ignored or forgotten - after a certain length of time.
How to apply
You need to apply to a sheriff. They'll make a decision on whether to remove the conviction information from your PVG scheme record. Disclosure Scotland cannot make this decision.
To apply, you need to:
- make sure the conviction is spent and is on either the list of offences that are disclosed according to rules, or on the list of offences that must be disclosed
- if the offence is on the list of offences that must be disclosed, make sure that either 15 years (if you were 18 or over at the date of conviction) or 7 years and 6 months (if you were under 18 at the date of conviction) have passed
- contact Disclosure Scotland within 10 working days of the date of issue on your PVG scheme record to tell them you're going to apply to a sheriff
- make your application to the sheriff within 3 months of telling Disclosure Scotland you're going to apply
Once you've told Disclosure Scotland that you're applying to a sheriff, it cannot send out the countersignatory's (employer) copy of the PVG scheme record until the sheriff has reached a decision. This may delay an employer from making a job offer.
When applying to a sheriff, you should:
- apply to your local sheriff court
- tell the clerk of the sheriff court you want to make a summary application
- say that it relates to a PVG scheme record disclosure, and make the application under section 52A(2) of the Protection of Vulnerable Groups (Scotland) Act 2007
- include relevant information, such as the date of your PVG scheme record and the date you notified Disclosure Scotland
- explain why your conviction is not relevant
If you change your mind
If you decide not to make an application to the sheriff, you can email Disclosure Scotland at HLC.Release@disclosurescotland.gov.scot within 10 working days of the date of issue of your PVG scheme record. They can then still release the countersignatory copy of the PVG scheme record to your employer or other registered body.
You must contact Disclosure Scotland to tell them you're going to withdraw your application to a sheriff within 10 working days, otherwise the countersignatory's copy of your PVG scheme record will no longer be available. If you decide after 10 working days to withdraw your application to a sheriff and you still need a PVG scheme record, you'll have to apply again and pay the fee.
Decisions by the sheriff about the removal of convictions
The sheriff's decision is final and will be acted on by Disclosure Scotland. If the sheriff decides that conviction information should be removed, Disclosure Scotland will do a new criminal record check on the applicant before they issue another PVG scheme record.
The Scottish Courts and Tribunals Service website has more information on how to make a summary application to a sheriff court.
You can contact Disclosure Scotland.
Phone: 0300 020 0040
Monday to Thursday 9am to 4pm
Friday 9am to 3:30pm
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