PART 1Disclosure of criminal history and other information

Level 2 disclosures

9Non-disclosable convictions

1

For the purposes of this Part, a conviction of an individual is a non-disclosable conviction if—

a

it is a spent conviction, and

b

either—

i

it is not a conviction for an offence listed in schedule 1 (a “List A offence”) or schedule 2 (a “List B offence”), or

ii

it is a conviction for a List B offence and at least one of the conditions in subsection (2) is satisfied.

2

The conditions are—

a

the disposal in respect of the conviction was an admonition or an absolute discharge,

b

the conviction is a childhood conviction and at least 5 years and 6 months have passed since the date of the conviction,

c

the conviction is not a childhood conviction and at least 11 years have passed since the date of the conviction.

3

The Scottish Ministers may by regulations modify schedule 1 or 2.