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"Spent Convictions" and "Criminal Record" - some clarifications please.


New member
"Spent Convictions" and "Criminal Record" - some clarifications please.

I was convicted of drink driving in Scotland in December 2011, received an 18 month ban and was fined £800. I've tried to find some clarification online about when my conviction becomes "spent" but so far have come up against some conflicting accounts. As far as I was aware I would have to declare this on job applications etc for 5 years from the conviction date, however I used an online calculator which informed me it became spent once my ban was up in June 2013, which I don't think is right.

I've also recently noticed a media campaign which states that any drink driving conviction will carry an automatic 20 year criminal record. Does this mean if employers do a background check on me that they will be able to see this conviction regardless of the ROOA 1974?

I'm struggling to make sense of how the two relate to each other and any clarification would be gratefully appreciated.

Michael Lyon

Road Traffic Solicitor (Scotland)
Re: "Spent Convictions" and "Criminal Record" - some clarifications please.

This is a general legal question and applies to a variety of offences. We recommend that you contact Disclosure Scotland and discuss the matter in detail with them. They are best placed to answer your question and you can find their contact details by following this link: http://www.disclosurescotland.co.uk/contact/index.htm

The issue of disclosure is, as you have identified, a complicated one. The media campaign is correct in that a criminal record will be created for 20 years however whether this has to be declared by you or indeed accessed by any prospective employer depends upon what is being asked and who is making the request for this information.

Good luck with Disclosure Scotland and your job hunting.