Question 1

What does it mean when a conviction is spent in Scotland?

Accepted Answer

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.

Question 2

How long does it take for an adult prison sentence to become spent?

Accepted Answer

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.

Question 3

How long until a fine or community sentence is spent?

Accepted Answer

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.

Question 4

What happens to convictions for offences committed under 18?

Accepted Answer

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.

Question 5

Do fiscal fines, warnings and fixed penalties go on my record?

Accepted Answer

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.

Question 6

What is the difference between Level 1, Level 2 and PVG checks?

Accepted Answer

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.

When is a conviction spent? (Scotland)

Rehabilitation periods at a glance

Prison or detention of more than 48 months (including life and orders for lifelong restriction)

Prison or detention of more than 30 months, up to 48 months

Prison or detention of more than 12 months, up to 30 months

Prison or detention of 12 months or less

Community payback order, restriction of liberty order, or drug treatment and testing order

Fine or compensation order

Admonition or absolute discharge

Caution for good behaviour

Penalty points from a court

Conditional offer of fixed penalty with penalty points

Driving ban, or another order such as a non-harassment order

Fiscal fine, fiscal compensation offer or fiscal work order

Fiscal warning or recorded police warning

Children's hearing outcome (offence ground accepted or established)

Any other sentence

What Disclosure Scotland checks show

If you are convicted again

Common questions