Spent or Unspent

In April 2025, it is expected that the Disclosure (Scotland) Act 2020 will come into effect.  This will mean a number of quite significant changes in relation to the way the disclosure system works. For this reason, you will find the information on this page a little basic.  We will be creating more comprehensive guides once the new rules come into force.  Thank you for bearing with us!

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When you have a conviction, it is important to understand whether you need to tell people about your conviction (disclose the information) and in what circumstances. 

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The need to disclose depends upon several factors including:

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• The type of offence
• The type of sentence you received
• How long it has been since your conviction
• Who you are telling
• The reason they are asking you

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It can be confusing to navigate all of this information and to understand whether you need to disclose your conviction, and for how long.

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The information below will help you to understand more about spent and unspent convictions and the need to disclose your conviction.

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Important Note: This is intended as general guidance only. It is not legal advice and must not be regarded as a definitive interpretation of the 1974 Act in Scotland. Anyone in doubt should seek their own legal advice.

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Legislation

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The Rehabilitation of Offenders Act 1974 is the original piece of legislation that outlines when a conviction will become spent.  The intention of the legislation is to protect people from the unlawful disclosure of a past conviction. 

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The Management of Offenders (Scotland) Act 2019 helps to clarify the situation in Scotland specifically.

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The process of working out whether your conviction is spent or not is relatively straightforward and we will take you through this process in steps 1 - 2 below.

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However, there are a number of circumstances in which you still need to disclose a spent conviction. We will take you through this process in steps 3 - 5 below.

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When Will My Conviction Become Spent?

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The following questions may sound simple but knowing the exact details of your conviction can be tricky if they occurred a long time ago or your memories of the experience are blurry. If you are uncertain, see our page on Subject Access Requests to understand how to access your criminal record from the police. 

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To understand the situation with your own conviction it is very important that you complete all 5 steps.

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Step 1: What sentence were you given?

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The type and length of your sentence is important to know as it will help you to understand when the conviction will become spent.

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Step 2: How much time has passed since your conviction?

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Depending on your sentence you may need to know both the exact date upon which you were convicted and the date on which your sentence ended. 

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The following link will take you to a series of tables.  Under each table there are examples which may help you to understand the table.

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You need only refer to the table that applies to you.

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• Custodial Sentences = Section 12
• Non-custodial sentences (including Ancillary Orders) = Section 15
• Children’s Hearings disposals = Section 16
• Service Disciplinary Offences = Section 17
• Alternatives to Prosecution = Section 18

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If you had more than one sentence imposed or if you were convicted of multiple offences, the guidance is more complicated. The Scottish Government provides quite detailed guidance on this topic. 

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My conviction is unspent

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If your conviction is unspent, you are required to disclose it when asked. 

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You now know whether your conviction is spent or not. However, there are times when you may still need to disclose it to people. Therefore, please continue through steps 3 to 5.

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Circumstances when you need to disclose a spent conviction

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The following section outlines the circumstances in which you may need to disclose a spent conviction.  It should be read alongside our PVG / Disclosure Levels page. 

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Step 3: What was your conviction for?  

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You will want to check whether your offence appears on either of the lists below:

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Offences that are disclosed according to rules

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If your offence is on this list, it will be disclosed on higher level (Standard or Enhanced) disclosures for:

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• 15 years, if you were 18 or over on the date of the conviction
• 7 years and 6 months, if you were under 18 on the date of the conviction

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If your conviction is spent, you can ask for the offence to be removed from your disclosure if you think it is no longer relevant. However, you will need to apply to a Sheriff to do this.

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Full information on this process can be found on the mygov.scot website.

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Offences that must be disclosed

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If your offence is on this list, it will always be disclosed on higher level (Standard or Enhanced) disclosures, regardless of how long it has been since the conviction, unless you apply to a Sheriff to have it removed.

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You can apply to have a spent conviction removed from your disclosure if you think it is no longer relevant. However, if your offence is on this list (offences that must be disclosed) you will need to wait:

   
• 15 years since your conviction, if you were 18 or over when convicted
• 7 years and 6 months since your conviction, if you were under 18 when convicted

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Full information on this process can be found on the mygov.scot website.

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Step 4 & 5: Who are you telling and the reason they are asking you?

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We have highlighted some of the common reasons for being asked to disclose your criminal record.  However, the list is not exhaustive. A full list can be accessed on the Scotland Government website.

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Insurance and Mortgage

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Insurance companies and mortgage companies are the people most likely to ask about your criminal record.  You are not required to disclose a spent conviction on a mortgage application or in relation to personal (motoring, home, etc.) insurance. 

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In some circumstances you may be required to disclose information about a spent conviction in relation to commercial insurance. Our insurance page has more detail on this area. 

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Renting

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When renting from a private or social landlord you may be asked about your criminal record. You do not need to disclose a spent conviction.

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Employers and Educational Institutions

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When applying for a place in an educational establishment or a paid or voluntary role, employers and educational institutions are governed by the rules around criminal record checks.  Please see our PVG / Disclosure Levels page for more information on this topic.

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The Disclosure (Scotland) Act 2020 will change the disclosure system in Scotland. It comes into effect in April 2025. We will update our pages once new guidance is published. 

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Taxi Driver and Landlord Registration

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Taxi and landlord registration both require disclosure of spent and unspent convictions unless they are “protected convictions”. Please see our page on taxi driver and landlord registration for more information.

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Family Court

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Any proceedings relating to parental responsibilities or parental rights, guardianship, adoption all involve the disclosure of both spent and unspent convictions.

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Travel

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Travel abroad is exempt from the Rehabilitation of Offenders Act. You must therefore disclose both spent and unspent convictions on visa documentation.

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Does being on the Sex Offenders Register affect when my conviction becomes spent?

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No. However, it is important to return to step 3 above when working out whether you need to disclose the conviction.

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