Does an admonishment from 19 years ago have to be shown in a Disclosure Scotland.

[helenjamieson1965]

I was stupid enough to steal something 19 years ago and I got caught. I was arrested and taken to the police station. It was my first offence , but i was admonished so it never went to court. I have never done anything since then, and have been in employment ever since. I have kept my nose clean. Now I am applying for jobs which will require a Disclosure Scotland to be done, and I am terrified this will show up. My new partner knows nothing about it, and I will be so ashamed if this means he will find out. Do I have to declare the admonishment, or do they find out about it anyway. Please help, I'm so worried about this. It was so long ago, and I wish I'd never done it.

[FrankGalvin]

Although you were 'admonished' (which is an acknowledgedment of guilt), your offence probably does not need to be declared. (Rehabilitation of offenders Act 1974).

Even if someone finds out about your offence and you didn't disclose it, it matters not. You are not obliged to.

Disclosure only really applies to very serious offences.

[William99]

Under Scottish Law admonished is a finding of guilt and so you have a conviction. The standard and enhanced certitifcates from disclosure Scotland will show this convicition. To confirm that you have a conviction you can apply to your local Scottish police force under the Data Protection Act 1998 (its called a subject access request) for a copy of your conviction history from the Scottish Criminal Record System. It will cost you £10.

The Scottish Criminal Record System has a weeding policy of 20 years and you must be over the age of 40. This is if you have not re-offended since the original case. However you may still have to declare the conviction.

You only require to declare the conviction if the organisation you are applying to work for is exempt the Rehabilitation of Offenders Act 1974. It will normally state on the application form that the organisation is exempt and that all previous convictions must be declared. An example is the police.

Hope this helps