Criminal Record Disclosure: DBS Checks, Spent Convictions, and Filtering Rules

Every year, around 3.7 million people go through background checks in the UK, a system built to protect communities without blocking second chances. Convictions, warnings, and bans appear on these records when they matter for work roles – especially those involving children or vulnerable adults. Once someone has served their time, lesser past actions fade from view thanks to legal timelines set by a law passed in 1974. Some older entries vanish entirely from certain types of reports based on how long ago things happened and what kind of check is done. Clear guidance on which level applies – and who must share what – keeps applicants, helpers, and hiring managers steady during shifts like upcoming changes expected in 2026.

Criminal Record Disclosure: What Are DBS Checks?

Not everyone needs one, but some jobs do. Since 2012, a group called DBS has handled background checks instead of the old CRB system. Working with kids? Or helping people who can’t protect themselves? Then this might apply. Organisations don’t act alone – they go through approved intermediaries. The person being checked must agree first. Risk level decides what type comes next. One size doesn’t fit all – there are four kinds. Each fits different job demands

Self-employed 2026 change: Enhanced checks direct access for tutors/carers (previously umbrella bodies only).​

Spent Convictions Under ROA 1974

Rehabilitation of Offenders Act treats convictions “spent” after periods—need not disclose unless asked for full record:

Spent convictions exempt from basic/standard DBS; enhanced may include relevant police info. Lying about unspent illegal; spent “don’t ask, don’t tell” applies.​

DBS Filtering Rules Explained

Automatic filtering hides minor old offences from standard/enhanced DBS (not basic)—introduced 2013, expanded 2020:

Filtered after:

• Cautions: 6 years (11 if adult custodial)

• Convictions/youth: 11 years (5.5 under 18)

Never filters:

• Custodial sentences 4+ years

• Sexual/violent offences

• Multiple convictions

• Public order/road traffic >4 points

• Barred list offences

46,000 fewer disclosures yearly; childhood cautions now filter. Check via DBS edit/delete service.​

Disclosure Duties: When You Must Tell

• Standard jobs: Only unspent convictions.

• Exempt roles (teaching, healthcare): All convictions/cautions regardless spent status.

• Applications: Tick “no” truthfully post-filtering; disclose if asked “all offences”.

Visa/settled status: Full police certificates required. Rehabilitation doesn’t erase immigration records.

Types of DBS Certificates and Costs

Update Service (£26/12 months): Transfer between employers. Volunteer checks free.

Barred Lists: Children’s and Adults’ Workforce

Automatic barring for serious offences; discretionary via referrals. Check via Enhanced + Barred List—£18 extra.

• Working with children: Teaching, coaching, fostering.

• Adults: Care homes, home care.

Appeals via Independent Monitor; removal rare.​

Challenging DBS Disclosures

Wrong info?

1. Online DBS account—speculative check.

2. Dispute via employer/applicant view.

3. Police review (6 weeks).

4. Independent Monitor (enhanced police info).

Mental health records (MHA s135/136) rarely disclosed unless risk-relevant. SAR to police reveals held data.​

Employment Rights and Discrimination

• ROA 1974 s56: Exempt jobs require declaration—refusal no discrimination.

• Equality Act 2010: Spent convictions protected characteristic if substantial adverse effect.

• Speculative checks: Free basic via gov.uk reveals disclosable.

Employers must relevance-test; blanket bans discriminatory.​

Self-Employed and 2026 Reforms

From 2026: Tutors, nannies, carers apply Enhanced DBS direct—no umbrella needed. Barred list access closes loophole.

Pharmacy staff mandatory DBS 2026 per CQC. Existing certificates valid; renew per role.​

Spent vs Unspent: Real Examples

Road traffic <4 points filter 5/11 years.​

International Disclosures and Travel

UK convictions show on FBI/ACRO Police Certificates for visas. Filtering doesn’t apply abroad. Apostille for Hague Convention countries.

Common Myths Debunked

Myth: Spent convictions never show. Reality: Enhanced roles require declaration.
Myth: Filtering erases records. Reality: Holds data; hides from certificates.
Myth: Acquittals appear. Reality: No—only convictions/cautions.

Steps After Receiving DBS Certificate

1. Review: Check accuracy, filtering.

2. Dispute errors: Online or employer route.

3. Update Service: Continuous monitoring.

4. Appeal barring: 8-week representations.

Resources for Jobseekers

• GOV.UK DBS Overview​

• Unlock Rehabilitation Guide

• ACAS employer guidance.