Humza Yousef

The reforms will take effect from 30 November this year.

For those aged 18 or older at time of conviction, a six-month custodial sentence would need to be disclosed for two-and-a-half years rather than the current period of seven years.

Meanwhile a fine will be considered ‘spent’ after 12 months rather than the current five years.

For those under 18 when convicted, the disclosure period for a six-month prison sentence will be reduced from three-and-half years to one-and-half years and a fine will be six months instead of two-and-a-half years.

More than a third of adult men in Scotland have been estimated to have a criminal record and the reforms were supported across the Parliament when the Management of Offenders (Scotland) Act was passed in 2019.

The reforms will not change disclosure periods for more serious convictions which result in prison sentences above four years. Nor will disclosure rules for sensitive occupations such as teaching or medicine be altered.

Justice Secretary Humza Yousaf said: “Parliament agreed that current disclosure periods are too long. Employment and the skills, opportunities and hope that it brings, can support routes out of offending, thereby contributing to safer communities.

“These important reforms balance the requirement for safeguards to understand a person’s recent offending behaviour with the need to allow people to move on with their lives – to seek gainful employment, support their families and contribute positively to their communities.

“I am grateful for the work of Disclosure Scotland in preparing for these changes, which can have a positive impact on our economy as well as society. Employers, insurers and others who routinely require information on criminal convictions should be aware of the changes so their processes continue to comply with the law.

“Even where potential employees need to disclose an unspent conviction, I hope employers can, where appropriate, see that as just one aspect of the person, alongside the skills and experience they can bring. Several high profile employers already take this approach and regularly pay testament to the rewards of doing so.”

The changes are supported by the employer-led Release Scotland network. Chair Keith Rosser, of recruitment company Reed, said: “The Management of Offenders Act is incredibly important for business. It removes many convictions that have no bearing on a person’s suitability for a job from the recruitment process. By widening the pool of talent for employers and simplifying their recruitment decision this will lead to quicker responses for all and can only improve business resilience and sustainability.”

Dughall Laing, of Recruit With Conviction, which supports employers and employability agencies in the recruitment of people with criminal records, said: “The implementation of the new disclosure periods of the Management of Offenders Act cannot come at a better time, particularly due to the developing understanding of the economic and consequential impacts on employment of COVID-19.

“The potential for workers to find their historic, irrelevant or minor convictions are protected in recruitment can only enhance the chances for thousands of individuals to access new, fairer and more secure employment opportunities across Scotland.”