What does a DBS Check show?
In this article, we’re going to look at what a DBS Check is and what information it reveals.
Simply put, a DBS Check is a criminal record check. They are called DBS Checks because the government organisation that conducts them is called the Disclosure and Barring Service (DBS). Before the formation of the DBS in 2012, these checks were called CRB Checks, after the Criminal Records Bureau which was then responsible for this function. DBS Checks are also commonly referred to as ‘Disclosures’.
A DBS Check will show different criminal record information depending on the level of check requested for an applicant. We offer 3 different types of DBS Checks (Basic, Standard and Enhanced) which will reveal the following:
Basic DBS Check
This level of DBS Check will search an individual’s criminal history, showing any unspent convictions or conditional cautions* the applicant may have.
Basic DBS Checks or Basic Disclosures are the lowest level of criminal record check available in the UK. They can be requested by both employers and individuals. They will not contain information relating to:
Spent criminal records (see below for further information)
Fixed penalty notices (for example, speeding tickets, fines for littering, etc.)
Accusations (instances where an individual is accused but not charged with a crime).
Standard DBS Check
This will check an applicant’s criminal history for cautions*, warnings* and reprimands* as well as spent and unspent convictions*.
An employer may perform this check on an employee’s behalf (with the applicant’s consent) if the applicant is carrying out a role that involves specific levels of responsibility. For example, someone who carries out a Senior Management Function within the financial sector would be eligible for a Standard DBS Check.
Enhanced DBS Check
Like a Standard DBS Check, this level of check must be requested by an employer on behalf of an employee and will check an applicant’s criminal history for cautions, warnings, reprimands* and convictions* (both spent* and unspent*).
However, an Enhanced DBS Check can also include a search of the DBS’s Children’s and/or Adult barred list* depending on the applicant’s job role. Local police forces are also able to add any relevant information they hold on the applicant.
How do the police decide what to include?
The police must decide carefully whether to disclose information on a DBS Check if it doesn’t specifically relate to a conviction. They have a duty to balance individuals' privacy as well as protecting the public. There are three general criteria they use to help them make a decision:
Whether the information is relevant to the job you have applied for.
Any impact that disclosing this information has on you.
Whether they should give you a chance to comment before a disclosure is made
The police have comprehensive guidance to help them navigate this process, which can be found here. If you are concerned about what information may be revealed on your DBS Check, you can ask the police to disclose this to you before a check begins.
Subject Access Requests
Regardless of the content, your criminal record history is your personal data. This means you have every right to request this information from the police. Doing so is called a Subject Access Request (SAR). There are a couple of ways you can do this.
First, you can simply contact your local police force. Each police force normally has a form to complete, which in most cases is available online. Submit this form and the police will be able to provide you with your data.
The other option is to visit the ACRO Criminal Records Office website here. ACRO carries out SARs from the Police National Computer on behalf of most police forces in England and Wales (apart from Derbyshire, Gwent and Sussex), Northern Ireland, Jersey and the Isle of Man. Requests can be made by post or online. Details of both can be found here
It’s important to note that the information disclosed on a SAR cannot be used for employment purposes. A DBS Check would still be required.
What happens if the DBS information is incorrect?
If you don’t agree with something that is disclosed on your DBS Certificate, you can dispute it. This is known as a ‘Disclosure Dispute’.
A disclosure dispute is where any of the following has arisen:
conviction details not relating to the applicant have been disclosed on the certificate
conviction details relating to the applicant have been disclosed but some elements of the conviction details are incorrect
information approved by the police for disclosure is considered to be inaccurate or irrelevant
Once you raise a dispute, the DBS will investigate and, if necessary, arrange for the external organisation that owns the disputed information to investigate the matter urgently.
If they uphold your dispute, they will need to issue a new DBS Certificate. You can find more information on how to raise a dispute here.
What are ‘filtered’ convictions and cautions?
In some circumstances, specific information will not be disclosed on a DBS Check. This is called ‘filtering’.
Changes to the criminal records disclosure regime now means that certain offences will be filtered when certain criteria are met. Previously all offences were disclosed automatically. The new rules mean that:
Warnings, reprimands and youth cautions (including conditional cautions) will no longer be automatically disclosed on a DBS certificate.
The multiple conviction rule has been removed. This means that individuals with more than one conviction will have each conviction considered individually against the criteria, rather than all being automatically disclosed.
So ultimately this means:
Any youth caution, reprimand or final warning will be excluded from Standard and Enhanced DBS Checks, regardless of whether it was for a specified offence or not (more on that later).
Adult cautions will be excluded from Standard and Enhanced DBS Checks after 6 years have elapsed, as long as it isn’t for a specified offence.
Adult convictions will be excluded from DBS Checks if 11 years have passed since the conviction date, it did not result in a prison sentence, and, it was not for a specified offence.
Child convictions will be excluded from DBS Checks if 5.5 years have passed since the conviction date, it did not result in a prison sentence, and, it was not for a specified offence.
What Are Specified Offences?
Specified offences are those which will never be excluded from a DBS Check. This classification is usually given to those that involve violence, fraud, or sexual offences but there are many others that make the list. For example, endangering the safety of an aircraft is a specified offence.
You can find a comprehensive list of every specified offence here.
For any more information about the level of DBS checks available and how they fit into your recruitment process, get in touch! Give us a call on 01254 355688 or drop us an email at letstalk@personnelchecks.co.uk