DBS Criminal Records — Did You Know You Might Have One?

What is the Disclosure and Barring Service?

The Disclosure and Barring Service (DBS) is the official organisation in England and Wales responsible for issuing criminal record checks. Many people are surprised to discover that they may have information on record — not because they have committed a serious crime, but because the breadth of what is recorded under English law is broader than most people realise. Whether you have received a police caution, been arrested, or been convicted of an offence, that information may be held on the Police National Computer (PNC) and potentially disclosed during a DBS check. Understanding what a DBS check reveals and how it might affect your employment or professional life is essential.

The Three Levels of DBS Checks

There are three types of DBS check, each revealing different information. A Basic DBS Check discloses only unspent convictions — that is, convictions for which the rehabilitation period has not yet elapsed under the Rehabilitation of Offenders Act 1974. This check is typically used for roles that do not involve regulated activities. A Standard DBS Check reveals all spent and unspent convictions, cautions, reprimands, and final warnings, and is commonly required for roles in healthcare, education, and certain other sectors. An Enhanced DBS Check is the most comprehensive and is mandatory for anyone working with children or vulnerable adults. It includes all information in a Standard check, plus any additional information held by local police forces considered relevant to assessing suitability.

Spent and Unspent Convictions: The Rehabilitation of Offenders Act 1974

One of the most important concepts in criminal record law is the distinction between 'spent' and 'unspent' convictions. Under the Rehabilitation of Offenders Act 1974, certain convictions become 'spent' after a specified rehabilitation period. Once spent, you are generally entitled to treat the conviction as if it never happened and need not disclose it to most employers. The rehabilitation period depends on the sentence received. For example, a fine is generally spent after one year; a sentence of up to six months' imprisonment becomes spent after two years. Following reforms introduced by the Police, Crime, Sentencing and Courts Act 2022 (which came into force on 28 October 2023), most sentences of between four and seven years can now become spent after a further rehabilitation period — previously, all sentences over four years could never become spent. Sentences for serious violent, sexual, and terrorism offences remain subject to stricter rules and may never become spent. Even spent convictions can be disclosed on Enhanced DBS checks if the police consider them relevant to roles with children or vulnerable adults.

Cautions, Conditional Discharges, and the Filtering Rules

Many people believe that if they have not been convicted, their record is clean. This is not necessarily correct. Police cautions — issued when a person admits to an offence without prosecution — appear on Standard and Enhanced DBS checks and can have real employment consequences. The filtering rules, updated by the Rehabilitation of Offenders Act (Exceptions) Order 1975 (as amended), provide some protection: certain old and minor offences may be filtered from Standard and Enhanced checks, meaning they will not be disclosed. However, filtering does not apply to serious offences (including violent and sexual offences), and it does not apply to Enhanced checks for child-related roles in all circumstances. The rules are technical, and the assistance of a solicitor is advisable if you are concerned about disclosure.

Impact on Employment in Regulated Activities

Having a criminal record does not automatically bar you from all employment, but it can have significant consequences for roles involving regulated activities — broadly, positions working with children or vulnerable adults in schools, childcare settings, healthcare organisations, or financial services. Employers conducting regulated activity are required by law to request an Enhanced DBS check. They are also required to consider whether the information disclosed makes the applicant unsuitable for the role, assessing factors such as the nature of the offence, how long ago it occurred, and the relevance to the duties of the role. Failure to truthfully disclose when asked can constitute fraud. If you are applying for a regulated activity role, take legal advice on your disclosure obligations.

What to Do if Information on Your DBS Certificate is Wrong

If a DBS certificate contains information you believe is inaccurate, you can raise a dispute with the DBS. The DBS will investigate and, if the dispute is upheld, issue a corrected certificate. You can also make a Subject Access Request (SAR) under the Data Protection Act 2018 to obtain copies of personal data held about you by the police and other agencies. This allows you to understand exactly what information is on your record before a DBS check is requested. If you believe information has been retained and disclosed unlawfully — for example, information about an arrest that did not lead to conviction — you may have grounds to challenge its disclosure. Legal advice from a solicitor experienced in criminal record law is advisable in this situation.

⚠ Disclaimer: This article is for informational purposes only and does not constitute legal advice. The rules regarding criminal records, spent convictions, and DBS checks are complex and subject to change. If you are concerned about a DBS check or how a criminal record might affect your employment prospects, you should seek professional legal advice.

Contact Duan & Duan UK LLP — If you have concerns about a DBS check, an upcoming disclosure, or wish to understand your rights regarding criminal records in the UK, Duan & Duan UK LLP can provide expert guidance. Contact us for a confidential consultation.