For individuals working in the UK, especially in roles involving vulnerable people or sensitive information, Disclosure and Barring Service (DBS) checks are often required. But what exactly is declared on a DBS check at the different levels? Let’s break it down to help you understand what employers see and what you should be aware of.
What Is a DBS Check?
A DBS check is a background check conducted by the Disclosure and Barring Service. It provides information about a person’s criminal record to help employers make informed decisions during recruitment. There are three main types of DBS checks: Basic, Standard, and Enhanced.
1. Basic DBS Check
A Basic DBS check is the simplest level of screening. It’s available for any individual and is not restricted to specific job roles.
What Is Declared?
- Unspent Convictions: Only convictions and cautions that are considered “unspent” under the Rehabilitation of Offenders Act (ROA) 1974 will appear on a Basic DBS check.
- What Are Unspent Convictions? These are recent or serious convictions that have not yet reached the rehabilitation period. For example, a recent prison sentence would be unspent until the specified time frame has passed.
Who Typically Needs This Check?
- Employees in non-sensitive roles.
- Individuals applying for personal licenses, such as taxi drivers or security guards.
2. Standard DBS Check
A Standard DBS check is more detailed than a Basic check and is typically required for certain regulated roles. This level is restricted to specific job positions listed in the Exceptions Order of the ROA 1974.
What Is Declared?
- Unspent Convictions: These will be included, as with the Basic check.
- Spent Convictions and Cautions (Subject to Filtering):
- Spent convictions that are not protected by filtering rules will also appear. Filtering rules exclude minor and old convictions or cautions after a certain period, provided no other offenses are recorded.
- Serious convictions, such as those involving violence or sexual offenses, will always be disclosed.
Who Typically Needs This Check?
- Roles involving financial responsibilities, such as accountants.
- Certain healthcare professionals and legal workers.
3. Enhanced DBS Check
An Enhanced DBS check is the most comprehensive and is required for roles involving close contact with children and vulnerable adults. It is often mandatory for positions in healthcare, education, and social work.
What Is Declared?
- Unspent Convictions and Spent Convictions: As with the Standard check.
- Additional Local Police Information: The police have the discretion to include relevant information that might not be part of the formal record but could indicate potential risks. For instance, if someone has been investigated but not charged, this may be included if deemed relevant.
- Barred List Check (Optional): If the role involves working with vulnerable groups, the check can include a search of the barred lists. These lists detail individuals prohibited from working with children or vulnerable adults.
Who Typically Needs This Check?
- Teachers, social workers, and healthcare professionals.
- Volunteers or employees in roles with direct supervision of vulnerable groups.
Why Understanding the Levels Matters
Knowing what appears on each level of a DBS check can help you:
- Prepare for any disclosures if applying for a role that requires a check.
- Understand your rights to have certain offenses filtered out over time.
- Ensure compliance with legal and professional requirements.
How to Check Your Record?
If you’re unsure about your record, you can request a Basic DBS check for yourself. For Standard and Enhanced checks, must be requested through an employer or a relevant organization.
Please note that ex-offenders are categorized as vulnerable adults within the UK so if you’re looking to work in a role working with ex-offenders you will need an enhanced check.
There are some campaigns such as Ban the Box and employer directories such as Clean Sheet service that seek to encourage employers to see the individual instead of the conviction.
Ban The Box
Employers that sign up to be an employer under this scheme by Unlock UK agree to not require applicants to fill a box on convictions they omit the box entirely from the application form, and if a role requires a DBS it is discussed at a different point in their recruitment process read more about Ban The Box here.
Changes to Spent Convictions: The Impact of Section 193 of the Police, Crime, Sentencing and Courts Act 2022
On 28th October 2023, Section 193 of the Police, Crime, Sentencing and Courts Act 2022 came into force. This new legislation shortens the period before criminal convictions become spent, meaning they no longer need to be legally declared to an employer.
In this article, we’ll examine the rationale behind these changes and how they will affect both employers and job seekers with criminal records.
Why Were the Changes Introduced?
Under previous legislation, some offenders were required to disclose their convictions indefinitely, even for crimes committed decades earlier. This posed significant barriers to their rehabilitation, often limiting their ability to secure employment and rebuild their lives.
The updated legislation allows custodial sentences of four years or more for less serious crimes to become ‘spent’ after a seven-year rehabilitation period, provided no further offenses are committed. However, offenders convicted of serious sexual, violent, or terrorist crimes remain excluded from these changes to ensure public safety.
New Disclosure Periods for Custodial Sentences
This legislation introduces the following updated disclosure periods for custodial convictions:
| Custodial Sentence | Previous Disclosure Period | New Disclosure Period |
| Over 4 years | Never spent | 7 years* |
| 2 ½ years – 4 years | 7 years | 4 years |
| 1 year – 2 ½ years | 4 years | 4 years |
| 6 months – 1 year | 4 years | 1 year |
| Up to six months | 2 years | 1 year |
Offences classified in the Sentencing Code as “serious violent, sexual, and terrorism offenses” are exempt and remain never spent.
The disclosure periods are shorter if the offender was under 18 at the time of conviction. Each new conviction will have its disclosure period, separate from previous offenses.
How Do These Changes Benefit Job Seekers with Criminal Convictions?
These amendments are expected to benefit thousands of individuals with previously unspent convictions. An estimated 125,000 people sentenced in 2022 alone will see immediate improvements due to these changes.
By reducing disclosure periods, the Government aims to:
- Enhance rehabilitation opportunities.
- Break down stereotypes about individuals with convictions.
- Provide a fairer chance for ex-offenders to gain employment and rebuild their lives.
What Employers Need to Know
Employers must familiarize themselves with the updated disclosure rules and revise recruitment practices accordingly. Specifically, employers should:
- Ensure they are clear on when and how to ask about an applicant’s criminal history.
- Update recruitment and onboarding processes to align with the new legislation.
- Avoid discrimination claims by ensuring compliance with the revised laws.
By understanding and adapting to these changes, employers can support fair hiring practices while still prioritizing workplace safety and trust.
Final Thoughts
DBS checks are vital tools to ensure safety and trust in workplaces, particularly those involving vulnerable individuals. By understanding the differences between Basic, Standard, and Enhanced checks, both employers and employees can navigate the process more effectively and with confidence.