An employer may request a criminal record check as part of their recruitment process. These checks are processed by the Disclosure and Barring Service (DBS).
For certain roles, the check will also include information held on the DBS children’s and adults’ barred lists, alongside any information held by local police forces, that is considered to be relevant to the applied-for post.
These checks are to assist employers in making safer recruitment and licensing decisions, however a check is just one part of recruitment practice. When a check has been processed by the DBS and completed, the applicant will receive a DBS certificate.
Access to the DBS checking service is only available to registered employers who are entitled by law to ask an individual to reveal their full criminal history, including spent convictions - this excludes protected cautions and convictions that will be filtered from a criminal record check - also known as asking ‘an exempted question’.
An exempted question applies when the individual will be working in specific occupations, for certain licenses and specified positions. These are covered by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975.
More information about who is eligible for a criminal record check, can be found in the DBS eligibility guidance.
The code of practice
The code of practice is issued under section 122(2) of the Police Act 1997. Organisations using the DBS checking service must comply with the code of practice. It is there to ensure that organisations are aware of their obligations, and that the information released will be used fairly.
The code also ensures that sensitive and personal information, disclosed by the DBS, is handled and stored appropriately and is kept for only as long as is necessary.
The code of practice for registered persons and other recipients of DBS check information can be found on gov.uk.
DBS checks for transgender people
DBS offers a confidential checking process for transgender applicants.
This process is for transgender applicants who do not wish to reveal details of their previous identity to the person who asked them to complete an application form for a DBS check.
For more information about this process, email: sensitive@dbs.gov.uk or see the DBS Transgender Applications guidance.
Applicants' rights
Usually, a job applicant has no legal obligation to reveal spent convictions. If an applicant has a conviction that has become spent, the employer must treat the applicant as if the conviction has not happened. A refusal to employ a rehabilitated person on the grounds of a spent conviction is unlawful under the Rehabilitation of Offenders Act (ROA) 1974.
Certain areas of employment are exempt under the ROA 1974 (Exceptions) Order 1975, and employers may ask about spent convictions - this is known as asking an exempted question. When answering, the applicant would have a legal obligation to reveal spent convictions.
The code of practice states that information on a DBS certificate should only be used in the context of a policy on the recruitment of ex-offenders. This is designed to protect applicants from unfair discrimination, based on non-relevant past convictions. For further information about disclosing criminal convictions please see the government guidance about telling an employer, university or college about your criminal record.
