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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12091
Experience:  30 years as a practising solicitor.
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I had two dring offences for excess alcohol while living in

Customer Question

I had two dring offences for excess alcohol while living in Wales in 1997 and then 2004. I now live in Scotland, have had treatment for alcohol misuse and do not drink. I have been told they would have been weeded out if they had occurred in Scotland, but because they happened in Wales, they will remain on my enhanced disclosure for ever. Is there any way of getting them or even just the 1997 offence removed. It has now been removed from my driving license?
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

I'm afraid there is no way of dealing with this, certainly not through Disclosure Scotland which is a reporting agency and will report all unspent convictions under enhanced disclosure. What that means is that if the conviction appears on your record in England and Wales it is there and able to be reported. Only where the authorities in England and Wales remove the conviction from your record will it then become unreportable. The removal of the conviction is unlikely therefore it will still show up on an enhanced disclosure search irrespective of the passage of time and even if it has been taken off your driving licence. Neither will appear on a basic diclosure.

I'm sorry that this is not what you will want to hear but that is the position as things presently stand.

I hope this helps. Please leave a positive response so that I am credited for my time.
Expert:  JGM replied 4 years ago.
Please let me know if I can assist you further. Otherwise please leave positive feedback so that I am credited for my time.