Scotland’s Justice Secretary has said it is “disgraceful” to suggest the criminal records of trans people are being wiped by Police Scotland.
Angela Constance admitted the force had made an “error” after a newspaper report claimed a transgender killer had their record “scrubbed”.
The minister said she had asked Police Scotland to review its procedures in light of the incident.
Ms Constance said she had been assured by the force it was an isolated incident and not part of a wider issue within the justice system.
But a spokesman for Police Scotland said it would be “inaccurate” to suggest the records in question had been “wiped”.
According to the Daily Record, a solicitor had requested a previous convictions disclosure from the Crown Office on prosecution witnesses in a case involving a conflict at HMP Greenock.
The newspaper reports killer Alex Stewart – who changed their name from Alan Baker – was separated from their criminal past, with the disclosure returning without any convictions under Stewart’s new name.
At Holyrood on Tuesday, Conservative MSP Meghan Gallacher asked Ms Constance how many transgender prisoners have had their criminal records erased following changes to their birth name.
The Justice Secretary said: “Let me be clear, a change of name does not under any circumstances alter a person’s criminal record.
“All criminal records are maintained in accordance with established retention and sharing protocols and remain fully accessible to the justice system, including for disclosure in court proceedings where appropriate.
I will be asking a topical question later today on transgender prisoners having their criminal records wiped, as a result of changing their names.
— Meghan Gallacher MSP (@MGallacherMSP) June 17, 2025
Here are some thoughts below 👇🏻 pic.twitter.com/ASXHY4mG8B
“Police Scotland has acknowledged an error in one case reported in the media and acknowledges that should not have occurred.
“I have sought and received assurances from Police Scotland that this was an isolated incident and not reflective of broader issues in their recording practices.
“I have also asked Police Scotland to ensure that steps will be taken to review systems and procedures in light of the reported.”
She said it was an error “in one case” around disclosure, not data recording systems. She said Stewart’s crimes were still recorded in the killer’s criminal history.
A spokesperson for Police Scotland said: “We are aware of an issue relating to the previous convictions of a victim, which were omitted from a report submitted ahead of a case heard at Greenock Sheriff Court.
“The issue has been rectified and work is ongoing to prevent similar scenarios taking place in the future. Officers are continuing to liaise with the Crown Office and Procurator Fiscal Service (COPFS).”
They added: “The criminal records referred to in this case have not been wiped – they remain in place.
“It would be inaccurate to suggest otherwise.”
Ms Constance insisted there could be “no separation” between an individual and their criminal past, no matter how many name changes or changes to gender identity are made.
Ms Gallacher said the error should never have happened and raised concerns the records of killers and sex offenders could be erased.
Alba MSP Ash Regan claimed she had evidence that Stewart’s case was not a “mere administrative error” but was part of “systemic data corruption” driven by “years of unlawful self-ID policy”.
Ms Regan did not say what evidence she held.
Tory MSP Sharon Dowey described the situation as a “shambles”.
She added: “We know that dangerous male offenders have gamed the SNP system to serve their sentences in women’s prisons, and now they are even getting their criminal records wiped.”
The Justice Secretary rejected Ms Dowey’s claims, saying: “It is utterly inaccurate and misleading and somewhat disingenuous, if not disgraceful, to suggest that Police Scotland wipe criminal records.
“Under no circumstances do Police Scotland wipe criminal records, and under no circumstances can anyone, irrespective of their name, status, whether they are male, female, transgender, can they escape from a criminal past – they cannot.”
A spokesperson for COPFS said: “The previous conviction record for this witness was shared quickly once the error was identified and there was no risk to the public or impact on the criminal proceedings.
“We will support Police Scotland’s review of their systems and consider if additional guidance for our staff is required.”
