Publication - Form

Remove a historical conviction for sexual activity between men

Published: 15 Oct 2019

Apply to get a historical conviction for sexual activity between men removed from your record.

2.2 MB

2.2 MB

Contents
Remove a historical conviction for sexual activity between men
Eligibility

2.2 MB

Eligibility

The offences covered are set out in section 2 of the Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018 , and are listed at the bottom of this page.

You can still apply for a disregard if you were convicted of any other offence, such as breach of the peace, or a local authority byelaw, which regulated, or was used in practice to regulate, sexual activity between men that would not be a criminal offence today.

Examples of the type of behaviour a person may have been criminalised for include any physical or affectionate behaviour between men of any age which is typical of an intimate personal relationship, ranging from kissing or holding hands to sexual intercourse.

It also includes behaviour that is intended to initiate or lead to sexual relations, for example chatting up another man.

Applications relating to any other convictions will not be accepted.  However, if you do not know what offence you were convicted of, you can still apply and we will seek to identify what offence you received a conviction for.

For a conviction to be disregarded, the conduct involved must not be a criminal offence today.

The word 'conviction' means any finding in criminal proceedings that a person has committed an offence, and includes alternatives to prosecution such as a warning by the police or procurator fiscal or a conditional offer of a fixed penalty.  

The following offences are covered by the process:


Contact

Email: section5applications@gov.scot

Tel: 0300 244 4000 (criminal law and practice team)

Criminal law and practice team
Area GW.14
St Andrews House
Regent Road
Edinburgh
EH1 3DG