It depends on two things: whether the conviction is spent, and what level of check the employer is entitled to ask for. A basic (Level 1) check only shows unspent convictions. Higher-level checks for certain jobs, such as working with children, protected adults or in some professions, can also show certain spent convictions. Since 2020, most convictions in Scotland become spent much sooner than they used to.
When does a conviction become spent?
The Management of Offenders (Scotland) Act 2019 shortened the disclosure periods from 30 November 2020. According to Scottish Government guidance, the main periods are:
| Sentence | Aged 18 or over | Under 18 |
|---|---|---|
| Absolute discharge or admonishment | Spent immediately | Spent immediately |
| Fine or compensation order | 1 year | 6 months |
| Community payback order | 12 months or length of order, if longer | 6 months or length of order, if longer |
| Custody up to 12 months | Sentence plus 2 years | Sentence plus 1 year |
| Custody over 12 to 30 months | Sentence plus 4 years | Sentence plus 2 years |
| Custody over 30 to 48 months | Sentence plus 6 years | Sentence plus 3 years |
| Custody over 48 months | Does not become spent automatically | Does not become spent automatically |
Driving disqualifications and other orders can affect these periods, so check the specific rules for your sentence. For example, a conviction is not spent while a related order, such as a driving ban, is still running.
The disclosure levels since April 2025
The Disclosure (Scotland) Act 2020 changed the types of check from 1 April 2025. According to Disclosure Scotland:
- Level 1 replaced the basic disclosure. It shows unspent convictions and any sex offender notification requirements. Any employer can ask for it.
- Level 2 replaced most standard and enhanced disclosures, for roles such as solicitors and accountants. It can show unspent convictions, certain spent convictions, unspent cautions and other relevant police information.
- Level 2 with a barred list check adds whether you are barred from working with children or protected adults.
- The PVG scheme is for regulated roles with children and protected adults. Membership became mandatory for these roles in 2025, and from 1 April 2026 lifetime membership is being replaced by five-year membership.
Important: for most jobs, you do not have to tell an employer about a spent conviction, and the employer must not refuse you a job because of one. The exceptions are roles that are entitled to a higher-level check, where certain spent convictions can still be asked about and disclosed.
Which spent convictions can appear on higher checks?
Higher-level checks do not show every spent conviction. Scottish law sets out lists of offences that are always disclosed and offences that are disclosed only for a period, with different rules for convictions from childhood. Minor spent convictions are often not included at all. Under the 2020 Act, you can also tell Disclosure Scotland about the context of some childhood or spent convictions before they are disclosed, and ask for an independent review of certain information.
What should you say to an employer?
- Check whether the conviction is spent using the table above or the Scottish Government guidance.
- Check what level of check the role requires. Ask the employer if you are unsure.
- If the conviction is unspent, or the role allows spent convictions to be asked about, answer honestly. Lying on an application can lead to dismissal and, in some cases, prosecution.
- Prepare a short explanation of the circumstances and what has changed since.
Can you challenge a disclosure?
If you think information on your certificate is wrong, contact Disclosure Scotland straight away to dispute it. For some information, such as other relevant police information or certain spent convictions, you may be able to ask for an independent review. A solicitor can help you make representations.
Getting advice
If you are facing a charge, the sentence you receive will affect how long the conviction must be disclosed, so good advice at the start can make a long-term difference. Compare the leading criminal defence lawyers in Glasgow, and see our guide to what happens at your first court appearance.
Frequently asked questions
How long until a conviction is spent in Scotland?
It depends on the sentence. For adults, a fine is spent after one year, and custody of up to 12 months is spent after the sentence plus two years. Periods are roughly halved for under-18s.
Does a basic disclosure show spent convictions?
No. A Level 1 check, which replaced the basic disclosure, only shows unspent convictions and sex offender notification requirements.
Do I have to tell an employer about a spent conviction?
For most jobs, no. Certain roles entitled to higher-level checks are exceptions, where some spent convictions can be asked about and disclosed.
What is the PVG scheme?
The Protecting Vulnerable Groups scheme is for people in regulated roles with children or protected adults. Membership is mandatory for those roles, and lifetime membership is being replaced by five-year membership from April 2026.
Do custodial sentences over four years ever become spent?
Not automatically. Custodial sentences of over 48 months are excluded from becoming spent after a set period.
Can I challenge what is on my disclosure certificate?
Yes. Contact Disclosure Scotland if information is wrong. For some information, you can ask for an independent review.
Conclusion
So, will your conviction show up on a disclosure check in Scotland? A Level 1 check only shows unspent convictions, and most convictions now become spent much sooner than before. Higher-level checks for certain roles can show some spent convictions, but not all, and you may be able to ask for a review.
Compare the leading criminal defence lawyers in Glasgow for advice on your situation.