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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9350
Experience:  28 years as a practising solicitor.
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Hi, I pleaded guilty and was convicted of racially aggravated

Customer Question

Hi, I pleaded guilty and was convicted of racially aggravated breach of the peace against a police officer almost 6 years ago. I was given just a £500 fine and placed on probation as I had a clean record and was only 20 and intoxicated at the time. I was advised at the time this will come off my records after 5 years. It was around this time there was fraudulent activity in my bank account, police came to my house to ask questions as I came up on a report but I wasn't convicted as they were after the "big fish" and that was the end of the matter. Also around 2-3 years ago I received a ticket for urinating on the streets. I paid the £30 fine within 14 days and had a letter sent to my home warning me of potential community service if I did it again.

I recently applied as a customer service advisor for a large bank. I passed the interview and criminal, credit checks etc but now they are asking for a Basic Disclosure Scotland (BDS) to cover a 4 month gap in unemployment as I didn't claim benefits. When I applied they asked if I had any unspent convictions and I said no. What will show on the BDS? Will this lead to them withdrawing their job offer? I'm ashamed of my past and really worried as I desperately want this job. Please reply.

Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

You should not worry. The conviction became spent after five years. In addition a fixed penalty notice is not a conviction.

Neither will show up on Basic Disclosure.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Do convictions automatically become spent after a period of time or is it manually removed from the database? And will my past conviction ever be completely removed if I ever had a more advanced check in the future?



Expert:  JGM replied 2 years ago.
Convictions are automatically spent after a specific period of time. What that means is they don't have to be disclosed in certain circumstances, such as this present job application.

However a conviction is not removed from your record. It would show up on an enhanced disclosure for example, on addition to which there are certain jobs, excluded from the legislation, whereby you have to disclose them even if they are spent, such as the police, armed forces and security services.

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