oh wow that seems pretty helpful. I wish we had something like that down here. I'm trying to get out of this mode of feeling helpless. I keep thinking about all the years left till my order is over. I'm trying to get the confidence to start ebay reselling or something like that. Really need to push myself into something soon, because sitting at home is doing my head in. I keep thinking about finding another course to do. But then I think oh well that will just be a week or two. Another worthless piece of paper and im back to where I started. Sorry for being so negative. Life is hard. 

Hi sorry for the delay in replying.
I have applied for roles utilising my skill set plus those that I have transferable skills to meet the role requirements.
As I have been involved in "HR/recruitment " for many years as part of various responsibilities I have always read the adverts very closely. If there is ambiguity in the wording I discuss without disclosure of my details initially. It is / can be a game of chess as I fully agree why disclose if there is not a need.

BAE for instance was disclosed to and was willing to apply for my SC clearance; the Project Manger though had no issues said he was just to busy to argue why me and not  another.
A minimum wage "customer support" firm that had no reason to be disclosed to did ask an "off handed" question about why, with my skillset did I want the job". I obviously went down the "honesty" path but only to be rejected because of the "public image" aspect.
I had a planned face to face interview with the probation office in a "liberated" southern coastal town/city. No client interaction was required. When the PO Manger found out they cancelled the interview due to it being a "sex offence". My PO/PPU was supporting me for the role!.
Charity shops are plentiful in my small town BUT it is the "older generation" managing the "data" so the dangers of the information spreading due to lack of control measures  makes it not an option.

I could go on but I believe you get my approach has not been limited as you described,. 
I am never negative in my approach just realistic based on my understanding of "society" and it's comparison when making decisions based on incorrect or unknown facts but see the label "sex".

I become officially a "pensioner" soon so for the last few years I have accepted the path my life is following with a smile and living in the "present" knowing .    

Society suggests I must let go of all my expectations but I disagree, as whilst I have a voice, I have hope.

Learn from yesterday, live for today, hope is for tomorrow else what is left if you remove a mans hope.
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This forum supports these words, thank you Unlock and your contributors.

So the big question has been asked. Not even if it's unspent, they just want to know about any convictions but allegedly it won't be held against me.

https://i.imgur.com/7P0iGds.png

That little box isn't exactly enough to detail out the offence, so what do we think?

It does specifically mention unspent convictions? Even if it didn't a spent conviction shouldn't be disclosed on a form which asks for "all convictions" unless the role is part of the protected group that require it.

If your conviction is spent (which it sounds like if you just have SOR and no SHPO) I would be filling in that form as if I had no convictions.

Yeah, that's my thinking.

It certainly isn't a role I'd expect to have any relevant safeguarding element, it's an office-based, over the phone customer service type role. Doesn't involve interacting with children.

I believe my conviction is spent but it seems a little confusing as Police Scotland and my social worker claim it isn't yet looking at all the documents and guidelines online it should be. I've sent an enquiry off to Disclosure Scotland to see what they say as ultimately it'll be then that'll pass the information on if an employer requests a certificate.

It just seems to be that one little bit about "not previous convictions, or..." that's throwing me off.

I am tempted to just sign it off as if I have none and then if something crops up then I can just deal with it then and say "well look, it's spent, I'm under no legal obligation to inform you of it. Has it effected my ability to do my role? blah blah blah".

Wherever you are in the UK, whether England & Wales, Scotland or Northern Ireland, one of the fundamental principles is that you only tell them what they're going to see if they do the right level of check. That level depends on the job itself, not the whims, pretensions, delusions or misunderstandings of the employer. So, if the correct check is a basic disclosure, only tell them if you have any unspent convictions. Once your conviction is spent, you have the right to be treated in the same way as someone who never had that conviction. If a conviction is disclosed that you think shouldn't be disclosed, the first thing to do is to raise it with whichever agency produced it. So, for khafka, that would be Disclosure Scotland. You would probably need to tell them why you think it shouldn't be disclosed, or they will just fob you off.


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If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

Got in touch with my social worker again about spent/unspent. Seemingly they're seeing my offence as unspent due to the rehabilitation order keeping it open. They're aware that the notification requirements themselves don't prevent it from being spent but the rehab order does. Keeping in mind I finished my rehab course about 2 months ago and have moved onto once a month contact with my social worker until my notification requirements runs out in Feb. What a mess.

Losing the job itself isn't really much of an issue for me, I've been refused loads of jobs because of my conviction. What would be getting me is getting excited about this particular role as it's one that my experience and history, I reckon I'd do really well in it and I'd really enjoy it then having to go back to the job centre and dealing with the fall out of that again.

Although saying that, it looks like it'll be at least a standard disclosure going by their guidance documents: https://i.imgur.com/R9izMFd.png
The job offer is an excepted post, so it is likely they will see it.

Again, it does go on to further state that they need to weigh up how it'd effect me day-to-day work which going by what I've said would be absolutely zero. Honestly, I'm at the point where I'm thinking of pulling out as I can't be arsed with it all but I'm also tempted to phone their HR up and say "Look, here's the situation. What's likely to happen?" so I know whether to waste my time with it. 

Again, I'm talking about England & Wales, but the principle should be the same. It's not about regular contact, it's about whether you are engaged in regulated activity. That is defined down here, so I'm sure that Disclosure Scotland would have their own version of the guidance. After all, if you work in a toy shop or a clothes shop, you will definitely have regular contact with children, but you'd still have a basic disclosure. If the employer tries an ineligible check, Disclosure Scotland will have a procedure to deal with that - it is a requirement of data protection law to prevent data breaches. I'd advise against phoning HR, because even if they don't have the legal right to the information, if you volunteer it then that gives them that right. At some point, it will come down to a basic disclosure, so you might as well get that now and see whether your conviction is spent. Either way, you will know what you're dealing with.


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If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

Thanks for your help with it.

As for the ineligible check thing my understanding is Disclosure Scotland would stop them when the request comes in as they have to state what the role is and why they believe it requires the level of disclosure they are requesting. It's then up to Disclosure Scotland to then yay or nay it.

I'm honestly getting a little bit of cold feet about it and think I might just pull the plug on the job and stick with my original plan (sit tight and hold off on jobs and keep the DWP at bay until I'm done with everything in February. I've last over 2 years so far, another 6 months won't kill me) but also just order myself a basic disclosure certificate so I at least know what I'm working with moving forward.

It's up to you how you deal with this, and you're facing a lot of conflicting information. As I said before, a basic disclosure will say whether your conviction is spent. The order thing would make a difference down here, but there was no mention of that in the Scottish law. Maybe the Scottish parliament took the mature decision not to force the courts to decide between rehabilitation and victim support. Maybe not. Don't rely on Disclosure Scotland weeding out ineligible checks, as I was nearly the victim of one because the person making the request lied about the job title and the workforce. When it comes down to data protection, you are the last line of defence, not Disclosure Scotland.

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If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)