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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10099
Experience:  30 years as a practising solicitor.
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Hi. I was arrested and charged for Drink Driving on Thursday

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Hi. I was arrested and charged for Drink Driving on Thursday and have had to apply for a basic scottish disclosure for a new job that I should start on Monday. I am due to appear in court on the 12th of this month. I have applied for the scottish disclosure online today. Do you think this will show up on the check before I have been to court?
Regards
Rachel Carter
Thank you for your question.

A basic disclosure will show up conviction information. You will not be convicted at the time of the disclosure so no it won't show up.

I hope this helps. Please leave a positive response so that I am credited for my time.
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Customer: replied 3 years ago.

Thank you for your response. I have a further question if that is ok? When the conviction shows on my record will it show how much over the limit I was. I will have to tell my new employer as they are asking me to fill in a form with this question:


 


Have you ever been convicted of any criminal offence(s) which is not yet “spent” under the Act or are you facing any criminal prosecution?


 


Therefore even if it isn't going to show up yet on the disclosure I am facing prosecution so I have to be honest but I don't know how much to say. I am very scared that they will not wish for me to continue my employment

The conviction won't show how much over the limit you were. It will simply record that your were convicted of driving in contravention of the Act.

I would suggest that on the form you would have to say that you are facing a prosecution under section 5 of the Road Traffic Act 1988 but you don't have to give any more details than that.