Spent and unspent convictions
What a spent conviction is
A conviction becomes spent when a specific period of time has passed since the date of the conviction.
This period of time is known as a disclosure period. Once the disclosure period ends and the conviction becomes spent, it is not shown on a Level 1 disclosure.
Some spent convictions must be disclosed on Level 2 disclosures (including PVG). There are also some that are disclosed according to rules. These are set out in 2 lists:
Offences that must be disclosed
Some offences must be disclosed on Level 2 disclosures (including PVG) regardless of how long it's been since the conviction. This includes serious offences such as culpable homicide.
Offences on this list are disclosed even if they resulted in admonishment or absolute discharge. There's guidance on how non-custodial sentences are treated.
Offences that are disclosed according to rules
Some offences are disclosed on Level 2 disclosures (including PVG) for a certain length of time. This depends on what the offence is and your age on the date of the conviction.
The list includes offences such as fraud or theft. They appear on your disclosure for:
- 11 years, if you were 18 or over on the date of the conviction
- 5 years and 6 months, if you were under 18 on the date of the conviction
You can apply to have certain spent convictions removed from your disclosure. If your spent conviction is on the list of offences that must be disclosed, you need to wait until a certain length of time has passed.
What an unspent conviction is
An unspent conviction is a conviction that is still within its disclosure period. It will show on Level 1 and Level 2 disclosures, including PVG scheme disclosures.
Help
You can contact Disclosure Scotland for help:
- phone: 0300 020 0040
- email: response@disclosurescotland.gov.scot
The helpline is open Monday to Wednesday 9am to 4pm, Thursday 11am to 4pm, and Friday 9am to 3.30pm.