Disclosure Levels - After 1st April 2025

‍Disclosure Scotland

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Disclosure Scotland is the Scottish Government agency responsible for conducting criminal record checks.

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They are implementing the Disclosure (Scotland) Act 2020.

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The information on this page is designed to help you understand which level of disclosure you may be asked to apply for.

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Different levels of disclosure

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To help you to understand what will be disclosed at each level of disclosure, please see our Spent or Unspent page.

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Level 1 Disclosure

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A Level 1 Disclosure replaces Basic Disclosures. These are some examples in which you might be asked to provide a Level 1 Disclosure:

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Supermarket work
Working in a warehouse
Delivery driving
Volunteering roles (that don’t require a Level 2 Disclosure)

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A Level 1 Disclosure will show:

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-       any unspent convictions

-       any notification requirements (instructions someone must follow if they're placed on the Sex Offenders Register) - This part of the new rules is not coming into effect on 1st April. We are awaiting confirmation of when it will begin.

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If you receive your Level 1 Disclosure and you think that some of the information is inaccurate, you can apply for it to be reviewed. This is called a Level 1 review application.

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If you are applying for a review, you must notify Disclosure Scotland of your intention to make a review application. You must then submit your application within a set number of days (still to be confirmed by Disclosure Scotland).

Level 2 Disclosure

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A Level 2 Disclosure broadly speaking replaces Standard Disclosures. Although this is not an exhaustive list, the following circumstances might require a Level 2 Disclosure:

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-       administering the law, such as solicitors or court workers

-       using firearms and explosives licences

-       working as an accountant

-       working as an actuary

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A Level 2 Disclosure will show:

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Unspent convictions or cautions

Please see our spent or unspent page for more information on how to work out if your conviction or caution is spent or unspent.

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Certain spent convictions

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If the conviction is spent, it will only be disclosed if it appears on one of the following lists:

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List A (replaces offences that must be disclosed) - A conviction that appears on this list will always be disclosed in a Level 2 Disclosure.

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For an offence on List A, once 11 years have passed, you can apply to have the Scottish Ministers review the inclusion of your conviction on a case-by-case basis. See the Review section below for more information on this process.

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List B (replaces offences that are disclosed according to rules)

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Convictions on List B will be disclosed unless you meet ANY ONE of the following criteria:

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-       It was a conviction as an adult and you were given an admonishment or an absolute discharge

-       It was a conviction as an adult and it is more than 11 years since the date of the conviction

-       It was a childhood conviction and it is more than 5 years and 6 months since the date of the conviction

-       The referral to the children’s hearing which led to the children’s hearing outcome that was discharged

-       It was a children’s hearing outcome and it is more than 5 years and 6 months since the date of the children’s hearing outcome

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For an offence on List B, you can apply to have the Scottish Ministers review the inclusion of your conviction on a case-by-case basis.  See the Review section below for more information.

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Certain spent childhood convictions and children’s hearings outcomes

 
• If the childhood conviction or children’s hearing outcome is spent but it appears in either List A or List B (see above) then there is an extra step that Disclosure Scotland must go through before deciding whether or not to disclose the information.  They must decide:
   
  • Whether the conviction or outcome is relevant to the specific opportunity being applied for and
   
  • Whether it ought to be disclosed
   
   
• If they decide to disclose the conviction or outcome then they must give their reasons.
 
• You have the right to as them to review this decision.  This is called a Level 2 Review Application. You can find more information on the Level 2 Review Application process further down this page.
 
• For more information on childhood convictions and children’s hearing outcomes, please see the briefing document from Clan Childlaw.

Any notification requirements (instructions someone must follow if they're placed on the Sex Offenders Register).

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If you are currently on the Sex Offenders Register, the Level 2 Disclosure will state that.

Other relevant information held by the police

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The police can include information that they consider to be relevant for the specific opportunity being applied for and that they believe ought to be included.

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If the relevant behaviour occurred before the age of 12, they can only disclose it when:

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-       An independent reviewer determines that it ought to be disclosed and you are not awaiting an appeal under the Age of Criminal Responsibility (Scotland) Act 2019.

-       Clan Childlaw’s helpline is available for further information on the disclosure of childhood convictions.

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Disclosure Scotland will request information from overseas police forces and ask them for any information that they believe is relevant to the specific opportunity you are applying for and believe that it ought to be disclosed.  Disclosure Scotland ask the oversees police force to provide a statement explaining the reasons for disclosing the information.  If information is received from an oversees police force, an independent reviewer must assess the information to decide whether it is relevant to the specific opportunity being applied for and whether it ought to be disclosed.  If a review is being carried out in relation to information from an oversees police force, Disclosure Scotland will notify you (method and timescales still to be confirmed by Disclosure Scotland). They will also give you the opportunity to put your case forward to the reviewer(method and timescales still to be confirmed by Disclosure Scotland).

Level 2 Disclosure with barred list check

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Roles with children that do not require a PVG

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Some roles with children will not require PVG scheme membership, for example if you’re considering adopting a child.

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For these, you'll need 'Level 2 with barred list check' disclosure. This replaces certain enhanced disclosures.

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The following information will be included (on top of everything else listed in the Level 2 section above):

-       Whether you are barred from doing regulated work with children

-       If you are barred, it will explain the circumstances that led to you being barred

-       Confirmation of whether or not the Scottish Ministers are considering barring you (also known as listing you) from doing regulated work with children

-       If they are considering barring you (also known as listing you), they will give information of any conditions that have been imposed

-       Details of any civil court orders currently in effect

Roles with protected adults that do not require a PVG

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Some roles with protected adults will not require PVG scheme membership, for example if you’re considering becoming a member of the Homes for Ukraine Scheme.

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For these roles, you'll need 'Level 2 with barred list check’ disclosure. This replaces certain enhanced disclosures.

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The following information will be included (on top of everything else listed in the Level 2 section above):

-       Whether you are barred from doing regulated work with adults

-       If you are barred, it will explain the circumstances that led to you being barred

-       Confirmation of whether or not the Scottish Ministers are considering barring you from doing regulated work with adults

-       If they are considering barring you (also known as listing you), they will give information of any conditions that have been imposed

-       Details of any civil court orders currently in effect

Level 2 Disclosure with PVG

Please see PVG page.

Review

When asking for a review, a decision must be made as to whether or not the conviction is relevant to the opportunity you are applying for and whether it ought to be disclosed.

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The following things can be taken into account when deciding whether it is relevant:

(a)the nature and seriousness of the conviction, outcome or other information,

(b)the circumstances giving rise to the conviction, outcome or other information,

(c)in the case of a conviction, the level of any sentence imposed in respect of the conviction,

(d)the time that has elapsed since the behaviour giving rise to the conviction, outcome or other information occurred,

(e)the age of the individual at the time when the behaviour giving rise to the conviction, outcome or other information occurred,

(f)any previous or subsequent offences committed by the individual,

(g)in the case of other information, the reliability of the information.

The following things can be taken into account when deciding whether it ought to be disclosed:

(a)the nature and seriousness of the conviction, outcome or other information,

(b)the circumstances giving rise to the conviction, outcome or other information,

(c)in the case of a conviction, the level of any sentence imposed in respect of the conviction,

(d)the time that has elapsed since the behaviour giving rise to the conviction, outcome or other information occurred,

(e)the age of the individual at the time when the behaviour giving rise to the conviction, outcome or other information occurred,

(f)any particular events or circumstances in the individual’s life at the time when the behaviour giving rise to the conviction, outcome or other information occurred which the person considers to be relevant to the behaviour,

(g)any previous or subsequent offences committed by the individual,

(h)in the case of other information, the reliability of the information,

(i)in the case of other information, whether the individual has had an opportunity to challenge the information or make representations about the circumstances which gave rise to it,

(j)the impact on the individual of including information about, or details of, the conviction or outcome or the other information in the disclosure.

You can ask for a review under any of the following categories:

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The information is inaccurate:

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-       If you think the information is incorrect you can ask them to review it.

-       They must check the accuracy and provide you with a written response.

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Information about a spent childhood conviction or children’s hearing outcome:

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-       In this case you are entitled to have the information reviewed by an independent reviewer.

-       The independent reviewer must decide if the information is relevant to the opportunity you are applying for and whether the information ought to be shared.

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Information that was provided as “other information” from the Scottish police:

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-       The Chief Constable must review the information.

-       Whilst reviewing it them must decide if they still think it is both relevant and ought to be included

-       The Chief Constable must allow you to put forward your case. They must also take your views into consideration.

-       You must put forward your case within a set number of days (still to be confirmed by Disclosure Scotland).

-       You should be notified of the Chief Constable’s decision.

-       If you still do not agree with the Chief Constable’s decision, then you can request that it be reviewed by an Independent Reviewer.

-       The Independent Reviewer must then decide whether the information is both relevant and ought to be included.

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Inclusion of a conviction that is:

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o  On List A but was from more than 11 years ago

o  On List B but was from less than 11 years ago

-       You can apply to have the inclusion of your conviction reviewed by the Scottish Ministers.

-       They must decide whether the conviction is relevant for the opportunity you are applying for and whether it ought to be included in the disclosure.

-       You must be allowed to put your case forward.

-       You must put forward your case within a set number of days (still to be confirmed by Disclosure Scotland).

-       They must take your views into consideration.

-       They can request information from:

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o  the chief constable,

o  the Principal Reporter,

o  the Scottish Courts and Tribunals Service,

o  a local authority,

o  any other person the Scottish Ministers consider appropriate.

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-       No finding of fact on which a conviction is based may be challenged in a review under this section.

-       They must notify you of their decision, they must explain the reasons for their decision and explain your right to request a review by an independent reviewer.

-       If you still do not agree with the Scottish Ministers’ decision. The Independent Reviewer must then decide whether the information is both relevant and ought to be included.

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Appeal Against Independent Reviewer

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Both you and the chief constable (where it relates to information provided by the chief constable) are entitled to appeal against the decision of the independent reviewer. However, it is only possible to appeal against the independent reviewer on a point of law.  

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If you are going to appeal, you must do so within 3 months of being notified of the independent reviewer’s decision.

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The appeal with be considered by a sheriff.

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If the sheriff considers it appropriate, the proceedings can take place in private. 

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