Restraining Order - Disclosure Query

SEEKINGINFO

I've a conviction and a restraining order was put against me in 2009.

I've been told by a charity who give advice about convictions that because the restraining order was until further order it prevents me from declaring my conviction as spent as the restraining order is open ended.

Anyone advise me as to the validity of the information.

Thanks.

Voltaire7

It sounds perfectly reasonable. Your restraining order does not expire, so you would have to go back to court and show why the order should be amended or lifted.

scottishsavingsgirl

It depends on what level of Disclosure you apply for.

Standard, Enhanced or applications to join the PVG Scheme (Protection of Vulnerable Groups, if you work with children or vulnerable adults etc) will always show any convictions held for you. These applications are usually made by an employer or voluntary group, on your behalf. The scheme is ran by Disclosure Scotland, part of the Scottish Government.

Basic disclosure applications are different, these use the "rehabilitation of offenders act" to determine whether a conviction is spent. Also, your age & whether you live in Scotland, Ireland, Wales or England, will also affect the length of time before your convictions are spent.

Anyone can apply for a basic disclosure (costs £25) online from Disclosure Scotland. They will provide you directly with a certificate which shows any unspent convictions. Anything spent, won't be on the certificate.

Third party companies will provide you with a basic disclosure, but they will take your details & then send applications in bulk to DS. They will also charge you nearly double for the certificate (eg - a company called basic police check, who charge £45 for a basic disclosure). As DS is part of Scottish Government, they have direct contact with police forces; these other companies don't.