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
How to apply

2.2 MB

How to apply

You will need to make the application yourself. You can get someone else to complete it for you but you will need to sign it, unless a power of attorney is in place. See more on this below.

In any other circumstances, if you want or need someone else to sign the form on your behalf, or you are intending to do it for someone else, get in touch with us using the contact details at the bottom of this page to discuss.

To apply, complete the attached application form and provide two official documents to provide proof of identity. These documents between them must show proof of your identify (such as a copy of a passport or driving licence) and address (such as a copy of a bank statement or utility bill).

There are three sections to the application form:

Essential information - Section 1 relates to your current personal details and must be completed in full in order for an application to be accepted.  We need this information so we can contact you and to match up your personal details with the proof of identity documents we ask you to submit. You only need to complete section 1 once per application, regardless of the number of convictions you are applying to have disregarded. Failure to provide the information requested in section 1 will result in your application being rejected.

Desirable information - Section 2 relates to your personal details at the time the offence(s) were committed and the details of the offence(s) themselves.  You may have been convicted of more than one offence in a single court case.  This section should be completed on a case by case basis as fully as possible. If you are applying to have more than one conviction disregarded across different cases, please copy section 2 as many times as necessary and complete a separate section 2 for each case. The more information you provide, the easier it will be to locate relevant records and progress your application quickly.  Please be reassured your application will be dealt with even if you have been unable to provide some or all of the information in Section 2.

Desirable information - Section 3 relates to any other information which you may wish us to consider when determining your application, for example, copies of any original documents from the time of your conviction such as a summary of evidence or court citation issued by the Procurator Fiscal;  a fixed penalty notice; or any original court paperwork relating to your conviction(s).

When complete, you should sign and date the application form at the bottom of section 3. 

Please ensure that you have included copies of any materials or documents that you wish to submit in support of your application along with evidence of your name, date of birth and current address.

Once complete, either:

  • email your information to: section5applications@gov.scot
  • post it to: Criminal law and Practice team, Area GW.14,  St Andrews House, Regent Road, Edinburgh, EH1 3DG

Please do not send original documents as we are unable to return them to you.

There is no time limit for applying.

To get a paper copy of the application form and guide posted to you get in touch using the contct details below or telephone 0300 244 4000.

Letters of comfort for family members of people who have died

You cannot apply for a disregard for a family member or partner who has died.

However you can apply for a letter of comfort.

This letter will state that they should never have been convicted of their offence, based on an assessment of the information you provide.

To apply for a letter of comfort please use the contact details below.

Power of attorney

As an attorney, you have the right to make an application on behalf of the person you represent, in order to have their eligible conviction(s) disregarded.

So that we can process your application, we need you to provide proof of your identity (see above guidance) and a certified copy of the legal document stating you have been granted a welfare or combined power of attorney. You should submit these using the contact details below. 

Military convictions

If you are seeking to have a conviction disregarded which followed proceedings within the regime of the British Armed Forces, UK law applies and you will need to make an application to the equivalent UK Government scheme.

This includes armed forces convictions which took place in Scotland.

You can get an application form and further guidance from the gov.uk website.

Convictions in England, Wales and Northern Ireland

If the conviction relates to an offence committed in England and Wales, then UK law applies and you will need to apply to the UK Government scheme.

If the conviction relates to an offence committed in Northern Ireland, then the law of Northern Ireland applies and you will need to apply to the Northern Ireland scheme


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