The specified offences list covers those committed in England and Wales, however, the legislation also covers equivalent offences committed in other jurisdictions including overseas when they are recorded on the PNC. It is not possible to capture a definitive list of all equivalent offences under the law of all other jurisdictions. Where an individual is aware that they have committed an offence outside England and Wales which may be equivalent to an offence on the list they should seek independent expert or legal advice to ensure that they provide information that is truthful and accurate.
The disclosure of information taken from police records is subject to statutory guidance to which the police must have regard. In considering this guidance, the police may, in principle, disclose information about offences that have been subject to filtering if they believe the information is relevant to the workforce or position applied for and ought to be disclosed.
Employers can only ask an individual to provide details of convictions and cautions that they are legally entitled to know about. Where a Standard or Enhanced DBS check can legally be requested, an employer can only ask an individual about convictions and cautions that are not protected i.
To be legally requested, a position must be included in the Rehabilitation of Offenders Act Exceptions Order as amended and where appropriate, in the Police Act Regulations as amended. Please refer to the DBS eligibility guidance for information on which positions this relates to. If an employer takes into account a conviction or caution that would not have been disclosed, they are acting unlawfully under the Rehabilitation of Offenders Act Employers should conduct a case-by-case analysis of any convictions and cautions disclosed and consider how, if at all, they are relevant to the position sought.
It would be advisable for the employer to keep records of the reasons for any employment decision and in particular rejections , including whether any convictions or cautions were taken into account and, if so, why. In the meantime, the response to this question should not be in relation to reprimands or warnings. It should only be in relation to convictions or cautions which are not protected i. There are a small number of defined positions of utmost integrity where details of all convictions and cautions may be taken into account.
Some examples are jobs or activities relating to national security, the police, judicial appointments and firearms certificates. These positions do not receive criminal record information through the DBS process. The employer should, however, follow existing guidance and conduct a case-by-case analysis of any spent convictions and cautions as described above. If the employee fails to disclose any spent convictions or cautions when required by law to do so in respect of these positions, the employer or organisation will be able to take the convictions and cautions into account if they otherwise find out about them which may have consequences e.
Filtering guidance is also available from other organisations. DBS is not responsible for content on external sites. They provide expert advice and advocacy to people with criminal records, as well as expert advice, support and training to employers and organisations responsible for interpreting and managing this information. Nacro have developed sample templates of criminal record declaration forms that take account of the changes and details of the Rehabilitation of Offenders Act You can read more about filtering on the Nacro advice pages.
Under the new rules, these will be removed from standard or enhanced DBS checks in May , 11 years after Sasha was convicted as an adult. The new rules mean reprimands and final warnings, issued to under 18s and since replaced by youth cautions, will never be disclosed on standard and enhanced checks, regardless of the offence.
He received a youth referral order. His conviction will continue to be disclosed on standard or enhanced checks because he was convicted of an offence that is on the list of offences that cannot be filtered.
He was convicted of drug possession in when he was 25 and paid a fine. His youth caution will never be disclosed on standard or enhanced checks. His conviction for drug possession will be removed from checks in — 11 years after the date of conviction. Three years later, he was convicted of drink driving again and was sentenced to 12 weeks in prison, suspended for a year. His second conviction will always be disclosed because he received a suspended prison sentence. As an independent charity we do not seek or accept government funding enabling us to hold government, agencies and others to account.
If you would like to provide a voice and support for people facing stigma and discrimination because of their criminal record please make a donation through theBigGive. In July , in response to a Supreme Court ruling in , the government announced further changes to the process which came into force on 28 November Information that is filtered will be removed from a DBS check automatically at the point you apply for one.
The changes which have been made to the criminal records disclosure regime apply to jobs and voluntary roles that involve a standard or enhanced check issued by the Disclosure and Barring Service DBS.
The new rules mean that:. The table below provides details of what a standard or enhanced certificate must include:. The process applies no matter how many cautions you have. Cautions will be removed even if you have others which are not for example where others are for a specified offence or they are too recent.
The process applies no matter how many convictions you have. They will be removed even if you have others which are not for example where others are for specified offences or they are too recent. For a conviction received when under 18, the same rules apply as for adult convictions, except that the elapsed time period is 5.
The list includes a range of offences which relate to sexual or violent offences, or are relevant in the context of safeguarding. The table below provides a summary of the types of offences which are eligible for removal and those that are not. Some examples of this include police vetting for police constables and cadets.
A court ruling in established that the filtering rules should be applied by the police when recruiting for other roles such as service support officers. Other positions include:. In addition to cautions and convictions recorded on the PNC, enhanced certificates may also include police intelligence approved information if a chief officer of a police force considers it relevant.
The disclosure of this information is subject to statutory guidance but the police could, in principle, disclose information about offences which have been filtered from an enhanced certificate if they felt that it was relevant to the position applied for and ought to be disclosed. Please email us at policy unlock. If you are signed up to the DBS Update Service it is important to note that the filtering of a caution or conviction would not lead to a status change.
A status change is only prompted when there is new information to be added, or an offence needs to be changed or amended, or because you have become barred.
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