Pathways to Employment: Your guide to a career in substance use services

Disclosure process

Most employers in the substance use sector understand that people will often have previous convictions or even outstanding charges. They also recognise that these can often be for matters other than drug offences. Employers are responsible for having a fair recruitment process, and many interviewers or colleagues may have convictions themselves.

Disclosure Scotland, a Scottish Government agency, helps employers make safer recruitment decisions and supports people into work. They encourage employers not to automatically reject candidates based on previous convictions.

From 01 April 2025, there are four types of disclosures, including the Protecting Vulnerable Groups (PVG) scheme which could be required for working in the substance use sector. These are detailed below, and further information is available on the Disclosure Scotland website.

Type: Level 1

Description: These will show unspent convictions and any notification requirements.

Type: Level 2

Description: These will show information on unspent and certain spent convictions and other relevant information held by the police.

Type: Level 2 (with barred list check)

Description: Some roles will require additional checks to show if you are barred from working with children or protected adults. For most of these roles you will need PVG scheme membership.

But for certain activities, such as adopting a child, you will need a Level 2 with barred list check instead. This will replace most enhanced disclosures.

Type: PVG scheme

Description: The PVG scheme will be a mandatory for people in a regulated role with children or protecting adults.

The details of the previous disclosure levels up until 31 March 2025 can be found on the Scottish Government website.

PVG Scheme

1. What is the PVG scheme?

The PVG scheme is a criminal record check for jobs in sectors such as substance use services. Disclosure Scotland performs these checks, and the results help employers decide if you are suitable for a role. Again, most employers understand that people will often have previous convictions, or even outstanding charges. This is the highest level of disclosure for regulated work in Scotland. Regulated work is classed as working with children or protected adults.

2. Why is the PVG scheme necessary?

Most roles in health and social care involve working with children or vulnerable adults, which may require PVG membership. Some jobs may not need any disclosure or require a lower level.

Consideration of suitability to work

3. What information does a Disclosure Scotland certificate include?

The certificate lists relevant conviction history based on the type of disclosure applied for, helping employers assess suitability for work.

4. Who decides if someone is suitable for employment?

There is no “pass” or “fail” when it comes to disclosure. Employers decide suitability based on the information provided by Disclosure Scotland, except when individuals are barred from specific roles.

There are certain jobs you will not be able to do if you are listed as barred. This could be working with certain groups such as children or protected adults. If you are not in that category, after a disclosure certificate is returned then it is the decision of the organisation whether to offer you a role.

Convictions

5. Do I need to disclose all my convictions?

No, you do not have to disclose all your previous convictions. Whether you need to disclose a conviction depends on how long it has been since the conviction occurred. Information below explains the different classes of convictions in relation to disclosure.

There are three main types of convictions that are important to understand: spent, unspent and protected.

6. What is a spent conviction?

Once the disclosure period for a conviction has passed and it becomes “spent”, it will not be shown. This is a conviction that no longer needs to be disclosed.

7. What is an unspent conviction?

An “unspent” conviction is still within its disclosure period and would need to be disclosed. You will need to tell an employer about these if they ask about convictions. They will show on a lower level of disclosure. Don’t worry, this does not mean you will not be able to take up a new role.

8. What is a protected conviction?

A protected conviction is a spent conviction. It does not need to be disclosed to an employer, even for a job which requires you to disclose spent convictions.

A conviction is protected if it is one of the following:

1 Is spent and is not on either List A or List B

2 Is spent and on List B, but it’s a least 15 years since the conviction or 7 years 6 months if the person was under 18 at the date of the conviction

3 Is spent and on List B, but the sentence was a caution or complete discharge

The links to both lists are here where you can check if that would apply to you – List A offences; List B offences.

9. What can employers ask about my convictions?

An employer can ask about convictions that you have, but this will depend on the type of work that you would be carrying out and the type of disclosure that is required.

10. How do I tell an organisation about any convictions I may have?

Most organisations who support people with convictions recommend using a “letter of disclosure”. Disclosing relevant information about convictions to employers is not a bad thing and it should be an open and honest conversation. Details of what could be included in this letter is set out below.

In this letter you can explain:

• Why you want to disclose your convictions.
• The nature of your convictions and the sentences received.
• The circumstances that led to your convictions.
• Changes you have made in your life since your conviction, like education.
• Why they should consider you for the position.

Page 40 of the Scotland Works for You guidance shows examples of disclosure letters.

You can disclose convictions through a letter, CV, application form, interview, or after receiving a job offer. A ‘letter of disclosure’ can explain:

• The conviction details and circumstances.
• Changes made since the conviction.
• Why you are suitable for the role.

If an organisation asks about your convictions when you apply for a job or volunteer role, you can send a letter of disclosure with your application form or CV. If they do not ask you about your convictions until after an interview, you could provide the letter then.

Consideration for listing

11. What does it mean for me if I am “considered for listing”?

This assessment determines if you should be barred from regulated work. Disclosure Scotland evaluates convictions and other relevant information.

This process can take some time to complete but Disclosure Scotland take a fair and considered approach. You should not be unnecessarily worried; this does not automatically mean that you will not be able to get on to the PVG scheme.

12. What do Disclosure Scotland consider when someone is “considered for listing”?

Disclosure Scotland will let you know that you are under “consideration for listing”. They will assess the information they have about you. This could be a conviction or other relevant information from the police, a conviction from the Scottish Court Service or a referral from a past employer.

You can submit additional evidence within 28 days to support your case. They will then also give you 28 days to send any extra information you think is useful to explain the circumstances. The information you provide may include testimonies or references that will inform Disclosure Scotland’s decision, this is known as a “representation”.

13. What if I am listed as “barred”?

You cannot work in the specific roles for which you are barred, such as the vulnerable groups covered by that list. However, you may pursue other types of employment.

14. Can I appeal against a listing decision?

Yes, you can appeal within three months. You will remain barred until the appeal is resolved. Further information can be found on the appeal against a listing decision page.

Further support and advice

15. What advice is available to help me understand the disclosure process?

Disclosure Scotland have also produced a document that gives advice to both employers and individuals on how to approach conviction information that may have been disclosed.

16. Are there any organisations that can support me?

Organisations who may be able to offer practical support are detailed in the useful resources section on the final page of the Scotland Works for You guide. You can also email Disclosure Scotland for advice and signposting at scotlandworksforyou@gov.scot.