Disclosure Rules changed for criminal records.

Disclosure Rules for Criminal Records Checks

A criminal conviction, caution or other police record does not necessarily have to be disclosed in every job application.

The information that must be revealed depends on whether the record is spent, the type of position being applied for and whether the record is protected under the Disclosure and Barring Service filtering rules.

Basic DBS Checks

A Basic DBS check normally shows unspent convictions and unspent conditional cautions.

Once a conviction or caution becomes spent under the Rehabilitation of Offenders Act 1974, it will not generally appear on a Basic DBS certificate.

The rehabilitation period depends mainly on the sentence or disposal imposed, rather than simply the offence committed. Some sentences never become spent.

Standard DBS Checks

A Standard DBS check may disclose:

• Unspent convictions;


• Unspent conditional cautions;


• Spent convictions that are not protected by filtering; and


• Spent cautions that are not protected by filtering.

Standard checks are available only for positions that are legally eligible for that level of disclosure.

Enhanced DBS Checks

An Enhanced DBS check contains the information available on a Standard certificate and may also include relevant information held by local police.

The police must consider whether the information is relevant to the position and whether it ought to be disclosed.

An Enhanced check may also include a search of the children’s or adults’ barred lists where the role is eligible.

Adult Cautions

An adult caution for a non-specified offence will generally be filtered six years after it was given, provided that it is spent.

An adult caution for a specified offence will continue to be automatically disclosed on Standard and Enhanced DBS certificates.

Adult Convictions

An adult conviction for a non-specified offence will generally be filtered after 11 years where:

• The conviction is spent;


• The offence is not a specified offence; and


• The sentence did not include a custodial sentence that remains subject to disclosure.

Convictions resulting in qualifying custodial sentences continue to be automatically disclosed under the applicable rules.

Convictions Received Before the Age of 18

A conviction for a non-specified offence received when the person was under 18 may generally be filtered after five and a half years where it is spent and did not result in a custodial sentence that remains disclosable.

Convictions for specified offences and relevant custodial convictions continue to be subject to disclosure.

Youth Cautions, Warnings and Reprimands

Youth cautions, warnings and reprimands are not automatically disclosed on Standard or Enhanced DBS certificates.

This followed court decisions that found automatic disclosure of all such childhood records to be disproportionate.

More Than One Conviction

The former multiple-conviction rule was removed in November 2020.

A person’s convictions are now considered individually. The existence of more than one conviction does not automatically prevent an otherwise eligible conviction from being filtered.

A person may therefore have several convictions, some of which are filtered while others remain disclosable.

Specified Offences

Specified offences are offences considered sufficiently serious or relevant to safeguarding that they remain subject to automatic disclosure.

They include many offences involving:

• Serious violence;


• Sexual offending;


• Children or vulnerable adults;


• Kidnapping or false imprisonment;


• Murder or manslaughter; and


• Equivalent offences committed outside the United Kingdom.

Whether an offence is specified can be technical. The exact offence, the person’s age at the time, the disposal and the sentence must all be checked.

Does Filtering Delete the Record?

No. Filtering determines what is routinely shown on a DBS certificate. It does not normally remove the record from police or criminal justice systems.

A filtered record may still:

• Remain on the Police National Computer;


• Be used for policing and criminal justice purposes;


• Be considered in later court proceedings where relevant;


• Be disclosed as relevant police information on an Enhanced certificate in appropriate circumstances; or


• Need to be disclosed for certain positions that are subject to separate statutory arrangements.

What May an Employer Ask?

For an ordinary position, an employer can generally ask only about unspent convictions and conditional cautions.

For a position eligible for a Standard or Enhanced check, the employer may ask about unspent records and spent records that are not protected by filtering.

An applicant does not normally have to disclose a protected caution or conviction.

An employer must not request a Standard or Enhanced DBS check unless the role is legally eligible for it.

Incorrect or Irrelevant Information

A person who believes a DBS certificate contains inaccurate information may use the DBS dispute process.

Where local police information has been included on an Enhanced certificate, representations may be made concerning its accuracy, relevance and proportionality.

Legal advice may be necessary where disclosure affects employment, professional registration, education or the ability to work with children or vulnerable adults.

Solicitors.com is not a firm of solicitors. This article is provided for general information only and does not constitute legal advice. You should seek advice from a suitably qualified solicitor about your individual circumstances.