Guide

Manage your PVG membership

Last updated: 19 February 2018

Appealing convictions

If you have a spent conviction for an offence that is disclosed according to rules, or for an offence that must be disclosed (and the necessary time from the date of conviction has elapsed), you can apply to have it removed from your PVG scheme record if you think it isn't relevant to the type of 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.

Apply to a sheriff

You must apply to a sheriff who will make a decision about whether or not to remove the conviction information from your PVG scheme record. Disclosure Scotland can't make this decision about removal of conviction information.

To apply, you must:

  • 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 years 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 advise you intend to make an application 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 want to apply to a sheriff, it can't send out the countersignatory's (employer) copy of the PVG scheme record until the sheriff has reached a decision on the application. 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.gsi.gov.uk 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 appropriate fee.

Decisions by the sheriff about the removal of convictions

The sheriff's decision on an application is final and will be acted on by Disclosure Scotland. If the sheriff has ordered that conviction information should be removed, Disclosure Scotland will do a fresh criminal record check on the applicant before they issue a new PVG scheme record.

Get help

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

You can email Disclosure Scotland at:

info@disclosurescotland.gsi.gov.uk

Or write to them at:

Disclosure Scotland
PO box 250
Glasgow
G51 1YU

Manage your PVG membership
Appealing convictions