Removing spent conviction from Disclosure Scotland check

[den1966]

How do you remove a spent conviction from a Disclosure Scotland check. They changed the rules back in 2022 now my 21 year old conviction has come back to haunt me. I beleive I need to do an initial writ and send it to the sheriff court, (my attempt is below) . However, I cannot get any legal help with this process, as no solictor or criminal lawyer seems to want to touch it. So far my writ reads as follows

SUMMARY APPLICATION UNDER section 52A(2) of the Protection of Vulnerable Groups (Scotland) Act 2007 INITIAL WRIT SHERIFFDOM OF AT Sheriff Court Me Pursuer against Disclosure Scotland Defender The Pursuer craves the court for the removal of one spent conviction of ‘Pursued a course of conduct which amounted to harassment’ that occurred in Month 2003 from appearing on a Disclosure Scotland PVG Scheme record. The Disclosure was issued on the dd mm 2024. Disclosure Scotland was notified of the intent to apply to a sheriff for removal of a ‘spent’ conviction on the dd mm 2024 CONDESCENDENCE 1 The offence occurred 21 years ago. 2 The offence is the only offence committed by the Pursuer. 3 The offence occurred when the Pursuer was suffering from clinical depression, which has been treated and has not reoccurred. 4 The Pursuer has been of good character before and after the offence. 5 The Pursuer has been working with children for over 25 years, including teaching outdoor pursuits, working in schools and working in amateur dramatics. 6 The non-disclosure of the conviction on a prior PVG issued on the dd mm yyyy resulted in no issues. PLEAS-IN-LAW Signed

All help greatly received.

[den1966]

Form 1

Form of initial writ

Rule 2.4(1)

SUMMARY APPLICATION UNDER section 52A(2) of the Protection of Vulnerable Groups (Scotland) Act 2007 INITIAL WRIT SHERIFFDOM OF SELKIRK AT Selkirk Sheriff Court me residing here Pursuer against Disclosure Scotland 1 Pacific Quay, Glasgow G51 1DZ Defender The Pursuer craves the court for the removal of one spent conviction of ‘Pursued a course of conduct which amounted to harassment’ that occurred in mm 2003 from appearing on a Disclosure Scotland PVG Scheme record. The Disclosure was issued on the dd of mm 2024 by Disclosure Scotland. Disclosure Scotland was notified of the intent to apply to a sheriff for removal of a ‘spent’ conviction on the dd of m 2024 CONDESCENDENCE 1 The offence occurred 21 years ago. 2 The offence is the only offence committed by the Pursuer. 3 The offence occurred when the Pursuer was suffering from clinical depression, which has been treated and has not reoccurred. 4 The Pursuer was of good character before and has been since. 5 The Pursuer has been working with children and adults for over 25 years. 6 The non-disclosure of the conviction on a prior PVG issued on the 2nd November 2019 resulted in no issues. PLEAS-IN-LAW (3)An application under subsection (2)— (a)may only be made if the scheme member notifies Ministers before the end of the period of 10 working days beginning with the date on which the scheme record was sent to the scheme member under section 52(5) of an intention to make the application, (b)must be made before the end of the period of 3 months beginning with the date on which that notification is given, and (c)must not relate to vetting information about a conviction which has previously been the subject of an application which— (i)was refused under subsection (6)(b), and (ii)related to the same type of regulated work……. (6) In determining an application under subsection (2) the sheriff must— (a)if satisfied that the vetting information is not relevant in relation to a type of regulated work in relation to which the scheme member participates in the Scheme, allow the application, Signed me