Disclosure and declaring a criminal record

What are disclosure checks

When applying for a job you might be asked about previous convictions.

There are basic rules about when you have to declare your criminal record and what checks can be made to verify this.

Check if you have to declare your criminal record

When applying for a job, the employer can ask you if you have any convictions. You do not have to answer, but you might not be offered the job if you choose not to.

If you do answer:

• you do not have to declare spent convictions, unless you are applying for an exempt occupation such as a doctor or social worker

• you will have to declare unspent convictions.

Spent and unspent convictions

Most offences will become spent after a certain period of time. You do not need to disclose a spent conviction for most employment or volunteering opportunities.

There are some convictions that are disclosed even when spent. These are known as relevant spent convictions or List A and List B offences.

Read more about spent and unspent convictions on mygov.scot.

There are different rules for behaviour from when you were under 12. Read more about behaviour under the age of 12 and disclosures on mygov.scot.

Who needs to apply for disclosure

You might need a disclosure check if you’re applying for a job, volunteering or if you’re adopting a child.

Disclosure checks are carried out by Disclosure Scotland.

If you work or volunteer with children or vulnerable adults

If you’re applying to work or volunteer with children or vulnerable adults, you'll need a disclosure check in most cases.

You must also join the Protecting Vulnerable Groups (PVG) scheme if you are in a regulated role with children or protected adults, such as a teacher.

Find out more about the PVG scheme.

Levels of disclosure

Disclosure Scotland provide 2 levels of disclosure:

• Level 1 disclosure - these checks show unspent convictions

• Level 2 disclosure - these checks show unspent convictions, some spent convictions and other relevant information.

If the role you’re applying for needs further checks, or if you’re adopting a child, you'll need to get a Level 2 with barred list check.

You can read more about the different types of disclosure and how to apply for them on mygov.scot.

How to apply

If you're applying for a Level 1 disclosure, you can apply:

• online – by completing the disclosure application on mygov.scot

• by email or post – download or request a paper form to send to Disclosure Scotland on mygov.scot.

To apply online, you’ll need to set up a ScotAccount with Disclosure Scotland. You can use your ScotAccount to share your disclosure with the employer.

If you need a Level 2 disclosure or Level 2 with barred list check, your employer will start the application. You'll get an email with a link to complete the application.

If you’re not able to apply online, you can fill in a paper form. Paper forms take longer to process and you’ll get a paper certificate instead.

Getting your disclosure

If you applied for your disclosure online, you’ll be able to view your disclosure on your account when it’s ready.

You can use your account to share your disclosure with your employer.

If you did not apply online, you’ll have to contact Disclosure Scotland to ask them to send a copy of the paper disclosure to the other party.

Information included on your disclosure

All disclosure certificates show your name and date of birth. Other information will depend on the level of disclosure you apply for.

Level 2 disclosures will also show certain spent convictions, unspent cautions, some children’s hearings outcomes, any notification requirements and other information held by the police that might be relevant.

If you applied for a Level 2 disclosure with barred list check, the disclosure will also show if you’re on the barred lists or under consideration for the barred lists to work with children or adults.

Read more about information included on your disclosure on mygov.scot.

If something is wrong on your disclosure

Disclosure Scotland will send you your disclosure to share with the employer.

You will be able to ask for a review of the information included before you share it. This must be done within 10 days from the date the disclosure was sent.

The review will be carried out by Disclosure Scotland. If you’re not happy with the outcome after they have reviewed your disclosure, you can ask for an independent review.

You can read more about challenging what is on your disclosure on mygov.scot.

Contact Disclosure Scotland