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Disclosure of Convictions in Scotland

Tuesday, 25 January 2022

The disclosure of convictions in Scotland has changed ...

People who have a criminal conviction in Scotland, may be required to disclose it when applying for work, volunteering, or other opportunities.  

In 2020, the new Management of Offenders (Scotland) Act made important changes to this system of disclosure that will have an impact on many people with convictions and the businesses who employ them.  

All types of conviction have been affected, but here is one practical example; As a result of the changes, job applicants will not always be obliged to disclose convictions which are more than a year old.  The changes will mainly impact basic disclosure checks and have a limited effect on exempt professions (e.g., PVG regulated). 

For example, ‘John’ was convicted of theft and had to pay a £200 fine.  Under the old rules John would have to disclose this to employers for 5 years when asked, now under the new rules he only needs to disclose it for 1 year. 

It is very likely that people with criminal convictions, will now need to disclose this information to employers for a much shorter period of time.  How long will depend on the type of conviction received.  This means more opportunity, less discrimination, and a fairer chance of employment for such individuals.  Various studies show that people in employment are much less likely to commit crime or to re-offend.

The disclosure system is complex and specialist advice is often needed.  Whether you are someone with a criminal conviction, an employer or a support agency, Apex Scotland is here to help.  With over 30 years of experience providing support to those with convictions, we can offer accurate, comprehensive advice to employers on the impact of these changes and all aspects of disclosure. Contact your local Apex Office in Dumfries and Galloway at: 

Dumfries 01387 256310 derek.richardson@apexscotland.org.uk 

Stranraer 01776 700973 mark.dewar@apexscotland.org.uk 

Disclosure of Convictions in Scotland