Disclosure (Scotland) Act 2020 (asp 13)

PART 1 S Disclosure of criminal history and other information

Prospective

Level 2 disclosures S

9 Non-disclosable convictions S

(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.