Criminal Record Retention

Enough time has passed, how can I apply to ask them to remove my conviction?

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Once the amount of time stated in the RR SOP has passed, you can contact Police Scotland's Data Protection team to request that they remove your details:

Request for rectification, erasure, restriction or objection to processing of personal data.

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The following information is provided on the Police Scotland website:

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Right to erasure (‘right to be forgotten’)

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You can ask us to destroy personal data that we hold about you. However, this right is not absolute, and does not apply in the following circumstances:

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• When the personal data is processed in order to comply with a legal obligation
• When the data is required to carry out our public task or exercise our official authority
• When the data must be retained as evidence as part of our law enforcement activities

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If we refuse to comply with your request as per the above or for any other reason, we will advise you of our decision and, where appropriate, the reasons for it.

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Circumstances where a request would be accepted include:

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• When the data is no longer necessary for the purpose for which it was originally processed
• When you object to the processing and there is no overriding basis for it to continue
• When the processing is based on consent, and you withdraw that consent.

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If we accept your request, we will make the necessary changes, advise (where possible) any organisations that we share your data with, and inform you of the outcome.

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Source: Police Scotland

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