Guide

Manage your PVG membership

Last updated: 11 December 2017

Appealing convictions

If you have a 'spent' conviction which is on the rules list you can apply to a sheriff to have the information removed from your disclosure certificate if you think it isn't relevant to your work.

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.

Convictions you can appeal

You can only appeal spent convictions for offences which appear on the 'offences which are disclosed subject to rules' list.

How to appeal

To get a new certificate with the convictions removed you must apply to a sheriff.

If you want to make an application to a sheriff you must:

  • make sure the conviction is spent and is on the rules list
  • contact Disclosure Scotland within 10 working days of the date of issue on your certificate
  • make your application to the sheriff within 3 months of the date you tell Disclosure Scotland you are going to apply

When applying to a sheriff you should:

  • apply to your local sheriff court
  • tell the clerk of the sheriff court that you want to make a summary application in relation to the Police Act 1997 and the Protection of Vulnerable Groups Act 2007 remedial order 2015
  • make sure to include relevant information like the date of your certificate and date of notification to Disclosure Scotland

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