An update on this:
As part of my sentence was a compensation order this will result in the conviction remaining unspent in the eyes of Disclosure Scotland unless you provide proof of full payment. This is a new condition since the new disclosure periods were introduced on 10 March 2014. Their blurb is pasted below and the link provided.
This means that:
1. Although legally spent unless you prove full payment in their view you are not spent and never will be
2. You can legally declare you have no unspent convictions but the official document will say otherwise - try arguing against that, and at the very least your conviction is then exposed when it shouldn't have been
3. The burden of proof is on the requester, not Disclosure Scotland. I am not sure this is based on legislation or it's just their way out of a poor business process
4. Even if all other parts of the disposal indicate a spent conviction they will issue a certificate showing the conviction as unspent as a default
5. Disclosure Scotland insist "In England & Wales, you can obtain a letter of confirmation from the court when any compensation order has been paid in full." This is not true. I contacted the court I was sentenced at and they said "We cannot provide proof of payment of the compensation at the crown court. The crown court does not deal with takings of the money"
In summary if you have a compensation order component and cannot prove you've paid your conviction will never become spent in the opinion of Dislcosure Scotland. Legally you are spent but the only official body who can confirm that will say the opposite.
To the people of Scotland: please vote yes to independence in September!
You should read this section if you have been convicted of an offence since 10 March 2009 and your sentence includes a compensation order.
If you consider any conviction ‘spent’ under the Rehabilitation of Offenders Act 1974 because you have paid any compensation order included in your sentence then you need to provide evidence to that effect to Disclosure Scotland when applying for a Basic Disclosure. In England & Wales, you can obtain a letter of confirmation from the court when any compensation order has been paid in full. A copy of that letter should be provided to Disclosure Scotland either with your application or separately in confidence if your application is being submitted via a third party. You do not need to discuss any separate submission with any third party. To submit proof of payment independently of submitting an application please click here. You should quote your application barcode or reference number, or your name, current address, and date of birth in your communication.
In Scotland the rehabilitation period for a compensation order is five years from the date of conviction and no proof of payment requires to be submitted.