Criminal Records, Spent Convictions and Disclosure Scotland: 12 questions answered
In Scotland, most convictions become spent after a disclosure period set by the Rehabilitation of Offenders Act 1974, and most childhood convictions are spent immediately. Disclosure Scotland issues Level 1 checks showing unspent convictions, and Level 2 and PVG checks that can also show some spent ones.
Law checked as at 25 September 2026. Legal information only, not legal advice. See how we check this page and recent changes.
What does it mean when a conviction is spent in Scotland?
A spent conviction is one that has passed its disclosure period under the Rehabilitation of Offenders Act 1974. Once a conviction is spent, you are treated as a protected person for most purposes: you generally do not have to mention it when asked about previous convictions, for example when applying for most jobs or insurance, and it will not appear on a Level 1 disclosure. However, some spent convictions can still appear on Level 2 and PVG checks for certain roles, such as working with children or protected adults. Scotland has its own disclosure periods, set by the Management of Offenders (Scotland) Act 2019.
How long does it take for an adult prison sentence to become spent?
For people aged 18 or over when convicted, the disclosure period for a prison sentence is the length of the sentence plus a further period. A sentence of up to 12 months is spent after the sentence length plus two years. A sentence over 12 months and up to 30 months is spent after the sentence length plus four years, and one over 30 months and up to 48 months after the sentence length plus six years. Sentences over 48 months are excluded sentences and never become spent under the current rules. The periods run from the date of conviction and have applied since 30 November 2020.
How long until a fine or community sentence is spent?
For adults, an absolute discharge or an admonition has no disclosure period, so it is spent straight away. A fine or compensation order is spent after one year. A community payback order, restriction of liberty order or drug treatment and testing order is spent after 12 months or when the order ends, whichever is later. A driving endorsement is spent after five years. Where the court imposes more than one penalty for the same offence, such as a fine, an endorsement and a driving ban, the longest period applies. So a speeding conviction with a fine and penalty points is usually spent after five years.
What happens to convictions for offences committed under 18?
Since 1 April 2025, a conviction for an offence committed when you were under 18 is generally spent immediately, because of changes made by the Disclosure (Scotland) Act 2020. It will not appear on a Level 1 disclosure and you do not usually have to declare it. There are two exceptions: a custodial sentence of more than 48 months, which never becomes spent, and a custodial sentence of more than 12 months for certain sexual offences, which has a disclosure period. Childhood convictions can still appear on Level 2 and PVG checks, but only after Disclosure Scotland reviews whether they should be included.
Do fiscal fines, warnings and fixed penalties go on my record?
Alternatives to prosecution are recorded, but they are not convictions and are treated more leniently. A police warning, a procurator fiscal warning or an antisocial behaviour fixed penalty notice is spent immediately. Other alternatives, including a fiscal fine, a fiscal fixed penalty, a compensation offer, a work order, or a fiscal offer of an activity or treatment, are spent after three months. After that, you do not have to disclose them to most employers. Road traffic fixed penalties with penalty points are different: the endorsement is treated as a conviction under the 1974 Act and is spent after five years for adults.
What is the difference between Level 1, Level 2 and PVG checks?
Since 1 April 2025, Disclosure Scotland issues three main types of check. A Level 1 disclosure, which replaced the basic disclosure, shows unspent convictions, and anyone can apply for their own. A Level 2 disclosure, which replaced the standard and enhanced disclosures, is only available for specified roles, such as solicitors or prison staff, and is applied for through an accredited body. It shows unspent convictions, some spent convictions and other information, such as sex offender notification requirements. A PVG disclosure is for people in regulated roles with children or protected adults, and also shows whether someone is barred from that work.
Which spent convictions can show on a Level 2 or PVG check?
A spent conviction can only appear on a Level 2 or PVG check if the offence is on one of two statutory lists. Offences on the list of offences that must be disclosed, known as List A, include the most serious crimes, such as culpable homicide and serious violent or sexual offences, and can be disclosed however long ago they happened. Offences disclosed according to rules, known as List B, include offences such as theft and fraud, and appear for 11 years from conviction if you were 18 or over, or five years and six months if you were under 18. Other spent convictions are not disclosed.
What is other relevant information on a disclosure?
Other relevant information is information held by the police that the Chief Constable reasonably believes is relevant to the role and ought to be included on a Level 2 or PVG disclosure. It can include information about investigations, acquittals or behaviour that did not lead to a conviction. Under the Disclosure (Scotland) Act 2020, the police must decide both whether the information is relevant and whether it ought to be disclosed. If you disagree with information that has been included, you can ask the police to review it and then apply to an independent reviewer, with a further appeal to a sheriff on a point of law.
Can I get spent convictions removed from my disclosure?
Yes, in some cases. When a Level 2 or PVG disclosure shows spent convictions, you have 10 days from when it is sent to tell Disclosure Scotland you want a review, before the disclosure is shared with the organisation. You can ask for a review of List B convictions, and of List A convictions once at least 11 years have passed since the conviction. Childhood convictions and children's hearing outcomes are reviewed automatically, so you do not need to apply. If the review does not go your way, you can ask an independent reviewer to look at it, and then appeal to a sheriff on a point of law.
Do I have to tell an employer about my criminal record?
For most jobs, you only have to disclose unspent convictions, and only if you are asked. Once a conviction is spent, you can usually answer no to a question about previous convictions, and an employer should not refuse you a job or dismiss you because of it. The exception is for roles covered by the exclusions and exceptions rules, such as work with children or protected adults, or certain legal, health and financial jobs, where you may be asked about some spent convictions and a Level 2 or PVG check will be done. Giving false information about an unspent conviction when asked could have serious consequences.
Is PVG scheme membership compulsory?
Yes, for regulated roles. Since 1 April 2025, anyone carrying out a regulated role with children or protected adults in Scotland, whether paid or voluntary, must be a member of the Protecting Vulnerable Groups (PVG) scheme. Organisations must assess which of their roles are regulated roles. Since 1 April 2026, PVG membership lasts five years and must then be renewed, replacing lifetime membership. Existing members are being moved to the five-year system in phases and will be contacted directly by Disclosure Scotland. A person who is barred from working with children or protected adults cannot do regulated roles with that group.
Does a children's hearing outcome count as a criminal record?
A children's hearing decision on offence grounds, such as a compulsory supervision order or a discharge, counts as a conviction under the Rehabilitation of Offenders Act 1974, but it is spent immediately. It will not appear on a Level 1 disclosure, and you do not have to declare it to most employers. It can only appear on a Level 2 or PVG disclosure if Disclosure Scotland decides, after an automatic review, that it is relevant and ought to be included. Behaviour when a child was under 12 cannot lead to a conviction at all, and information about it can only be disclosed after an independent review.
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Spent convictions checker →Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- Rehabilitation of Offenders Act 1974, section 5A (disclosure periods, Scotland)
- Disclosure (Scotland) Act 2020, schedule 5 (childhood convictions spent immediately)
- mygov.scot: Spent and unspent convictions
- mygov.scot: Applying for a review of convictions on your disclosure
- Scottish Government: Self-disclosure guidance, non-custodial sentences and alternatives to prosecution
- Disclosure Scotland: Five-year PVG scheme membership now in place
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