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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have had a disclosure Scotland PVG scheme record through

Customer Question

I have had a disclosure Scotland PVG scheme record through which has a 2 Road Traffic Act 1988 Section 5's on them, can an employer gain access to full police reports regarding the nature of the conviction Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : Driving under the influence, is that right? When was the conviction please?
JACUSTOMER-sm5zin21- :

First conviction was in April 2005 and the 2nd conviction was for being drunk in charge of a vehicle in January 2012. My employer which is the council are aware of these convictions due to my disclosure but I was wanting to know if they are able to access all police documents, statements and details of how these events occurred. Are they able to obtain court documents and police documents with full details of the events which lead to me being arrested on both these occasions thanks

Alex Watts : An employer does not have a right of access. The Disclosure Scotland only reveals convictions, nothing else.
Alex Watts : Therefore no, your employer would not be able to see or gain the details.
Alex Watts : Can I clarify anything for you about your question today? If not, can I invite you to rate my service which I hope has been excellent. If you need more help then please click reply. Thanks - Alex
JACUSTOMER-sm5zin21- :

Ok just to confirm I have been offered a position with the council working in an early years environment and they have said they are going to contact the PVG scheme as there was a discrepancy with one of the dates which was my error. I advised them I was convicted of my 1st drink driving offence due to being breathalysed the morning after I had been drinking however I was in fact pulled over at night and due to the fact I have not been honest in how I came to be convicted I was worried they could obtain the police records and statements etc which would show I was arrested at night time and not in the morning after as I had advised them. They have already said they are going to contact the PVG scheme regarding the discrepancy I mentioned regarding the date (however the date is not an issue and was an honest error on my part) I am just concerned that the PVG scheme may have full details of both my driving disqualifications from police and court records., or do they only have the details written on my disclosure saying dates and fines and that I was disqualified? I am assuming the PVG scheme will not be able to access any police or court records either. Am I correct in assuming this Thanks

Alex Watts : Yes they will see the date you were convicted and what the offence was. There will be no other details.
Alex Watts : Does that help?
JACUSTOMER-sm5zin21- :

yes this helps but I just need confirmation that disclosure Scotland PVG scheme will not be able to obtain or give any other details other than what is shown as I mentioned the conditions and time of night in which I was arrested on both occasions.

Alex Watts : Correct.
Alex Watts : Can I clarify anything for you about your question today? If not, can I invite you to rate my service which I hope has been excellent. If you need more help then please click reply. Thanks - Alex
JACUSTOMER-sm5zin21- :

Even if they phone and speak to the people at Disclosure Scotland PVG Scheme personally, they cannot ask them to look into these convictions further and give more specific details as my potential employer has specified that she is concerned that I wrote the wrong date of conviction (which was an honest error) but due to this she is questioning my reliability, honestly and how reliable I may be therefor I believe she may try to investigate these convictions further to gather all the facts as she is already questioning my honesty. As a lawyer you are advising me she does not have the lagal right to obtain these details and neither does the PVG scheme

Alex Watts : Yes. They will not answer any questions as they can only say you have been convicted and what of, that is it.
Alex Watts : She does not have a right to get details of the conviction without your consent.
JACUSTOMER-sm5zin21- :

ok thank you I shall now rate your service

Alex Watts : thanks.
Alex Watts : Have a great weekend. Alex
JACUSTOMER-sm5zin21- :

thank you I shall try although I will be worried about this until I hear from my potential employer that all is well and above board on Monday and that I have permission to start my new job. thanks for your advice

Alex Watts : All the best - have a good weekend.
Alex Watts : Can I clarify anything for you about your question today? If not, can I invite you to rate my service which I hope has been excellent. If you need more help then please click reply. Thanks - Alex
Expert:  Ash replied 3 years ago.
If I could invite you to rate my service before you leave today, hopefully it has been excellent. If you do need more help or information please click reply. Thanks – Alex.

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