Do I have to disclose a spent conviction?

Once your convictions are spent, the Act gives you the right not to disclose them when applying for insurance. Most will only ask for unspent convictions, although some might ask for ‘any convictions in the last 5 years’. If it’s spent, you do not need to disclose it under any circumstances when applying for insurance.

How do I know if my conviction is spent or unspent Scotland?

You have to let a certain amount of time pass, called a ‘disclosure period’, before your conviction becomes ‘spent’. The time period for the conviction to become spent is set out in law and until that time passes your conviction is ‘unspent’. You don’t have to tell a new employer about a conviction if it is ‘spent’.

How long do convictions stay on your record Scotland?

The rules are that these convictions will appear on your disclosure for: 15 years, if you were 18 or over at the date of conviction. 7 years and 6 months, if you were under 18 at the date of conviction.

Can you ask about spent convictions?

Yes, but the question you should ask will depend on the job that you are recruiting for. All employers are entitled to ask applicants to disclose details of any convictions which are not yet spent (i.e. unspent) under the terms of the Rehabilitation of Offenders Act 1974 (as amended).

What shows up on a Disclosure Scotland?

A standard disclosure shows criminal history information from UK records, including: unspent convictions. relevant spent convictions. unspent cautions.

What happens if I don’t disclose a conviction?

Many employers ask at some point and if your convictions are unspent, you legally need to disclose them. If they ask you and you don’t disclose, they could later revoke the job offer or you could be dismissed. You could even face a further conviction.

Do spent convictions show on Disclosure Scotland?

Spent convictions are not included on a basic disclosure. Applications for basic disclosure will be processed according to the Scottish rules under the Rehabilitation periods for particular sentences section of the Rehabilitation of Offenders Act 1974.

How do I know if my conviction is spent or unspent?

Spent convictions are those convictions that have reached a set period as defined by the Rehabilitation of Offenders Act 1974, and are removed from an individual’s criminal record. Unspent convictions are those records that have not yet reached this defined time and will appear on a Basic Criminal Record Check.

Does Disclosure Scotland show spent convictions?

How many years does a disclosure go back?

If over 18 at the time of the offence, a conviction will be filtered 11 years after the date of the conviction, and a caution 6 years after the date of the caution, provided that the applicant did not go to prison, has not committed any other offence and the offence was not of a violent or sexual nature.

Do I have to declare spent convictions when applying for a job UK?

Cathy: You don’t need to disclose spent convictions when applying for most jobs. It is against the law for an employer to investigate spent convictions unless you are applying for a job which is exempt from this Act.

Is it illegal to not disclose criminal record?

You only have to disclose your record if you are asked. If you are asked, and you don’t disclose, you could be committing a criminal offence. If you are also on licence, you could be recalled for failing to disclose.

When do convictions appear on my Disclosure Scotland?

Last updated: 22 October 2019. Standard disclosure, If you have a spent conviction for an offence on this list, Disclosure Scotland follows rules about the length of time they will disclose it for. The rules are that these convictions will appear on your disclosure for: 15 years, if you were 18 or over at the date of conviction;

How does Basic Disclosure Scotland work in Scotland?

Disclosure Scotland can’t change this later as part of the application. Your basic disclosure shows your record of unspent convictions at a point in time (the date your certificate was issued), so there is no set time that it lasts for.

What happens to a spent conviction on a higher level disclosure?

The conviction information shown on your higher level disclosure certificate is decided by law. If you have a higher level disclosure, your certificate will show: 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.

Can a criminal conviction be included in disclosure?

The certificate will show if there are no convictions to disclose. Under the Rehabilitation of Offenders Act 1974, some criminal convictions can be treated as ‘spent’ – meaning they’re not relevant to some types of disclosure – after a certain length of time. What convictions are included depends on the type of disclosure you need.