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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 45747
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ben, not sure if you know what shows on a Disclosure

Customer Question

Hi Ben, not sure if you know what shows on a Disclosure Scotland scheme. I have been invited to join the board of a charity but I was admonished two years ago for "Assult under provocation". Would this show up in a search? Thanks in advance.
Submitted: 1 year ago.
Category: Scots Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Do you know what level check you are having done?

Expert:  JGM replied 1 year ago.

Good evening. I am a solicitor in Scotland. An admonition is one issue in Scotland about which there is a common misunderstanding. An admonition is a conviction even though no sentence was passed. As such it will show up on all levels of disclosure in Scotland. It also has to be disclosed under the rehabilitation of offenders legislation for five years following the conviction. Happy to discuss further.

Expert:  Ben Jones replied 1 year ago.

Hello, apologies for the earlier interruption. An admonition is a finding of guilt and as such is a notifiable conviction. Until a couple of years ago admonitions had a 6 month rehabilitation period so they would have become spent after that time. Unfortunately, at present they have a 5 year rehabilitation period so they would not become spent until that time has passed. The period is only 2.5 years f you were 18 at the time of offence.

What this means for you is that this will be classed as an unspent conviction for the 5 years after it was issued. As a result it will show up on all types of checks as follows:

· Basic check – it shows only unspent offences so it will be on there for the first 5 years, after which it will no longer show up

· Standard check – it shows up spent and unspent convictions, so it will show up for the first 5 years, after which it will still show up until filtered 11 years after it was issued

· Enhanced check – as a Standard check, although in theory it could show up for life if the police believe that it is relevant to the application for which you are applying.

So if you are due a criminal check, you may wish to advise them in advance of this to avoid any nasty surprises for them. Often, if you are honest and show that you are generally of good character and that this was just a blip, the employer could ignore this, although it does depend on the individual organisation.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.