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Criminal records that don’t show (stay) on standard and enhanced DBS checks (filtering and protected cautions and convictions)

Aim of this information

In July 2020 the government announced plans to change the rules on what is disclosed on (and removed from) standard and enhanced criminal record checks issued by the Disclosure and Barring Service (DBS). This was in response to a Supreme Court ruling in 2019. This information sets out the filtering process incorporating the changes made by the government that came into effect on 28 November 2020.

Note – This information focuses on how the filtering process works in England and Wales

Disclosure Scotland has guidance on the filtering process that applies to standard and enhanced checks in Scotland on their website.

The Department of Justice in Northern Ireland has guidance on the filtering process that applies to standard and enhanced checks in Northern Ireland on their website.

Why is this important?

If you are applying for a job or role which is ‘exempt’ from the Rehabilitation of Offenders Act and which requires a standard or enhanced DBS check, your DBS certificate will disclose details of all spent and unspent cautions and convictions unless they are eligible for removal (often referred to as filtered or protected).

If your criminal record meets the criteria set out below it will automatically be removed from your DBS certificate at the time an application is made.

Many organisations ask individuals for some kind of criminal record self-disclosure at application stage and it’s important therefore to know whether your offence will be removed from your DBS certificate to ensure that you do not disclose it to an employer if, legally, you don’t need to.

Background

Since May 2013, standard and enhanced DBS checks stopped disclosing all cautions and convictions after the introduction of a process referred to as ‘filtering’.

In July 2020, in response to a Supreme Court ruling in 2019, the government announced further changes to the process which came into force on 28 November 2020. These changes will see more people benefiting from having cautions and/or convictions removed from standard and enhanced certificates, allowing them to apply for jobs without the need to disclose old cautions and/or convictions.

‘Filtering’ is similar to the rehabilitation periods under the Rehabilitation of Offenders Act 1974. However, instead of establishing what is ‘spent’ and doesn’t get disclosed on a basic check, ‘filtering’ establishes what doesn’t get disclosed on a standard or enhanced DBS check.

Information that is filtered will be removed from a DBS check automatically at the point you apply for one. However, cautions and convictions do not get ‘removed’ or ‘wiped’ from the Police National Computer (PNC).

Recent changes to the criminal records disclosure regime

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:

  • Warnings, reprimands and youth cautions (including conditional cautions) will no longer be automatically disclosed on a DBS certificate.
  • The multiple conviction rule has been removed. This means that individuals with more than one conviction will have each conviction considered individually against the criteria, rather than all being automatically disclosed.

How filtering works

What will be disclosed on a standard or enhanced DBS check?

The rules around what cautions and/or convictions are automatically disclosed are set out in legislation. The table below provides details of what a standard or enhanced certificate must include:

* A full list of specified offences can be found on the DBS list of offences that will never be filtered.

What will not show up? Cautions

  • Reprimands, final warnings and youth cautions (including conditional cautions) received when under the age of 18 will be removed from standard and enhanced checks immediately, regardless of the offence. This means that even if your caution was for a specified offence it would still be removed.
  • Adult cautions will be removed from standard and enhanced checks if 6 years have passed since the date of issue, providing it is not for a specified offence.

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).

What will not show up? Convictions

Convictions received when 18 or over will be removed from standard and enhanced checks if:

  • 11 years have passed since the date of conviction.
  • they did not result in a prison sentence (or suspended sentence).
  • they were not for a specified offence.

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 5.5 years.

Offences that stay on (‘specified offences’)

A ‘specified offence’ is one which is on the list of offences that will never be filtered from standard and enhanced DBS checks. 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.

 

Find out whether your conviction/caution will be filtered

To establish whether your caution and/or conviction is going to be removed from your standard or enhanced check and, doesn’t need to be disclosed to an employer, you can use our flowchart below:

Positions not covered by filtering

There are a small number of jobs where filtered cautions and/or convictions can be taken into account. Some examples of this include police vetting for police constables and cadets. A court ruling in 2017 established that the filtering rules should be applied by the police when recruiting for other roles such as service support officers. Other positions include:

  • Judicial appointments;
  • Constables and persons appointed as police cadets to undergo training with a view to becoming constables and naval, military and air force police;
  • Any office or employment in the Serious Fraud Office or in the National Crime Agency;
  • The Commissioners for Her Majesty’s Revenue and Customs and any office or employment in their service;
  • The Official Solicitor and his deputy;
  • Certain appointments to the office of Public Trustee;
  • Any office, employment or other work which is concerned with the establishment of, operation of, or access to a database under section 12 of the Children Act 2004;
  • Firearms dealer; and
  • A person who is required to obtain an explosives certificate.

Disclosure of criminal records in these instances is not provided by the DBS.

Prison and probation roles are not exempt from the filtering rules and applicants can therefore legally withhold details of cautions/convictions which are removed from standard and enhanced DBS checks.

Other information disclosed on enhanced DBS certificates

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.

We have not previously seen any evidence of this but we would be interested in hearing from anybody who has had filtered cautions/convictions disclosed on their enhanced DBS certificate. Please email us at policy@unlock.org.uk.

If you use the DBS Update Service

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. An offence which has been filtered would mean the removal of information from your certificate.

If you require a new certificate which does not show cautions or convictions which have been removed, you will need to apply for a new DBS check.

If an organisation currently holds information about your criminal record

In order to comply with data protection legislation any organisation that keeps criminal record information will need to consider how they manage the data they hold.

If you have previously disclosed details of your criminal record to an employer, university etc we recommend that you ask them to amend or delete their records as soon as your caution and/or conviction is filtered under your rights of rectification.

Information for employers

Where a role is included in the ROA Exceptions Order, employers can ask about cautions and convictions which are ‘not protected’ (filtered). In light of the changes introduced in November 2020, employers will need to review the questions they ask on application forms together with any guidance they provide.

Further information can be found here.

If an employer takes into account a conviction or caution which has been removed (possibly because it was disclosed in error) then they could be acting unlawfully. You can find further information on our spent and unspent convictions and employment law page.

Examples

Below are some scenarios that will help to explain how the rules work in practice:

Marcus was a teenager when he was convicted of 6 offences of theft between 1992 and 1994. These will no longer be disclosed on standard or enhanced DBS checks as the convictions happened more than 5.5 years ago, when Marcus was under 18.

Sasha was convicted of 4 counts of benefit fraud in May 2012, when was was 31. These will be removed from standard or enhanced DBS checks in May 2023, 11 years after Sasha was convicted as an adult.

Anita received a reprimand for arson at age 11, and a final warning for ABH aged 14. Reprimands and final warnings, issued to under 18’s and since replaced by youth cautions, will never be disclosed on standard or enhanced checks, regardless of the offence.

Lenny was convicted of ABH at age 14. 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 which cannot be filtered.

Kyle accepted a youth caution for common assault in 2001, when he was 16. He was convicted of drug possession in 2010 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 2021 – 11 years after the date of conviction.

Abdi was convicted of drink driving in 2009 when he was an adult – he was disqualified and paid a fine. Three years later, he was convicted of drink driving again and was sentenced to 12 weeks in prison, suspended for a year. Abdi’s first conviction will be filtered from a standard or enhanced DBS check this year, 11 years after he was convicted. His second conviction will always be disclosed because he received a suspended prison sentence.

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed can be found here.

More information

  1. For practical self-help information – We have further information on employment
  2. To discuss this issue with others – Read and share your experiences on our online forum
  3. Our policy work – Read about the policy work we’re doing on this issue
  4. Questions – If you have any questions about this you can contact our helpline.

Get involved

Help us to add value to this information. You can:

  1. Comment on this information (below)
  2. Send your feedback directly to us
  3. Discuss your views and experiences with others on our online forum

 

 

Comments

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  1. Aged 13 with a reprimand for ABH (19 years ago) applying for a role involving visits to prisons. Need an enhanced dbs and prison national database clearance. Very confused as to if this will show or if I don’t need to disclose!

    1. Hi Richard

      We have received several queries regarding disclosure of filtered cautions and convictions for vetting purposes. We have been advised by HMPPS that prison and probation roles are not exempt from filtering meaning applicants can legally withhold this information.

      Best wishes

      Debbie

      1. Hi. I was convicted of harrasment (non violence). Is this removed at 11 years and if so do I need to do anything for this to happen or is it automatic. Thanks in advance.

        1. Hi Mike

          Providing your conviction didn’t result in a prison sentence or suspended sentence, it would be filtered from your standard and enhanced DBS certificate after a period of 11 years.

          Filtering is an automatic process and will happen at the time an employer applies for your next DBS certificate. There is nothing you need to do.

          Best wishes

          Debbie

    2. I admitted fraud by deception in 2006 when i was 16/17. I never went to court and had to attend a meeting with a councillor. I have never in trouble since the above.

      Will this show on a basic or enhanced DBS?

      1. Hi Sam

        From the information you’ve provided, it doesn’t sound as though you received a conviction and therefore nothing would appear in the main body of your basic or enhanced DBS certificate. The police could, if they think it was relevant to the job you were applying for, choose to disclose details of this incident in the ‘additional information’ section of the enhanced DBS check.

        Best wishes

        Debbie

  2. I have obtaining property by deception in 1999 – conditional discharge for 12 months.
    Theft – conditional discharge 12 months
    Also in 2004 – obtaining property by deception – conditional discharge 6 months

    Will these be filtered on basic-standard-enhanced dbs?

    1. Hi Debbie

      I can confirm that your convictions are all now considered spent under the Rehabilitation of Offenders Act and will no longer appear on a basic DBS certificate.

      The convictions for obtaining property by deception are both now eligible to be filtered (removed) from a standard and enhanced DBS certificate. As you may be aware, when looking at whether something is eligible for filtering, the DBS consider the legislation that an individual was convicted under and not the name of the offence. Therefore with regard to the theft conviction, although the majority of theft offences are eligible for filtering there are a few that are not . Providing you were not convicted under the S8, S9, S10 or S12 of the Theft Act 1968, then this conviction would also be eligible for filtering. If you’re not sure about this, it could be worth getting a copy of your police record to check the details. You can do this by applying for a Subject Access Request (SAR) through the ACRO Criminal Records Office – https://www.acro.police.uk/Subject-access.

      I hope this is helpful but please get back in touch if we can be of any further assistance.

      Kind regards

      Debbie

    2. I am currently awaiting my DBS to come back and it’s held up at stage 4.
      Since I put it in, the police are trying to take me to court for driving without care and attention and although this is not true and I have evidence to back it up, also I had mad a complaint against the policeman question and it was a car accident where a car hit me and the police never even took my statement.
      Could this be holding up my enhanced DBS or am I worried about nothing?

      1. Hi Abbey

        Enhanced DBS certificates can often get held up at stage 4 (the local police intelligence stage) especially if the police force it has gone to are one of the larger ones such as the Metropolitan Police or West Midlands. I very much doubt that you’ve got anything to worry about but feel free to give our helpline a call if you think it’s worth speaking to one of our helpline advisors. Our phone number is 01634 247350 or 07824 113848.

        Best wishes

        Debbie

  3. Hello,
    I got a conditional caution in 2021. On the letter from police says something about ABH. I had to pay a fine and to attend a good behavior course witch i did both of them. In September i want to travel abroad for 2 weeks. I have pre settle status in uk and im employed. My question is that caution can affect my travel? Customs officers can refuse my entrance back in uk?? I called today UKVI and they said that i have to apply for a BRP but i read on the gov website and there says that i don’t need a BRP and i can use the share code. What should I do in this situation? Thank you!

  4. Hi, in mid 2020 I was arrested due to a false allegation of bodily harm and released immediately with no further questions or conviction. I am concerned that this may harm my applications to certain jobs which do a thorough DBS check. Can I get rid of this record from DBS and how?

    Thank you ever so much.

    1. Hi Topi

      As this allegation did not result in any further action being taken then it doesn’t need to be disclosed to any employer when applying for a job.

      Allegations such as this never appear on a basic or standard DBS check. They don’t appear in the main body of an enhanced DBS certificate but, if the police believe it may be relevant to the job that you are applying for, then they might chose to disclose it under the ‘additional information’ section of the enhanced DBS. This type of information is very rarely disclosed but in our experience, will cause individuals the most anxiety when awaiting their enhanced DBS certificate. If the police do decide to disclose any information then it’s usually worth asking them to review their decision and you can find details of how to do that at https://unlock.org.uk/advice/local-police-information-2/.

      I hope this is helpful but if you require any further information or advice, please don’t hesitate to get back in touch.

      Best wishes

      Debbie

  5. Hi..I got a suspended sentence for 2 years for fraud against sky UK several years ago..will it be classed as spent or filtered on a DBs standard or enhanced check?

    1. Hi Sam

      Depending on the date of the conviction it’s more than likely that it’s now spent. You can find out for certain by using our Disclosure Calculator – https://unlock.org.uk/disclosure-calculator/. As you may be aware, once your conviction is spent it will no longer appear on a basic DBS certificate and wouldn’t need to be disclosed to an employer.

      With regard to a standard or enhanced DBS, unfortunately because your conviction resulted in a suspended sentence, it is not eligible to be filtered from these levels of check and will continue to be disclosed until you are 100 years old.

      Best wishes

      Debbie

    2. Hi, as a result of forgetting to declare a person on significant control with companies house a charge was brought against me and I was fined by the magistrates court. Will this show on my DBS?

  6. Hi,

    I received a youth caution for common assault in 2015 or 2016 (I was 16 or 17 at the time) just checking the above I believe this will not be shown on a basic or enhanced check?

    I will not be working with vulnerable adults/children.

    Is this correct?

    1. Hi Ellie-May

      You’re absolutely right in saying that your youth caution would not be disclosed on a basic DBS certificate. This is because, under the Rehabilitation of Offenders Act, it is now considered spent.

      As the caution was given before you were 18, it would also be filtered (removed) from a standard and enhanced DBS certificate.

      Essentially this means that irrespective of the job you are applying for, you will never have to disclose your caution and it will not appear on any level of DBS certificate.

      Best wishes

      Debbie

    1. Hi J

      Providing you did not receive a prison sentence of over 4 years then under the Rehabilitation of Offenders Act (ROA) your conviction would now be deemed ‘spent’. It would not appear on a basic DBS certificate and wouldn’t need to be disclosed to the majority of employers.

      If you were applying for a job which was exempt from the ROA (i.e. a job which required either a standard or enhanced DBS check) then your conviction would appear as robbery is a non-filterable offence. You can find the full list of non-filterable offences at https://www.gov.uk/government/publications/dbs-list-of-offences-that-will-never-be-filtered-from-a-criminal-record-check.

      I hope this is helpful but please feel free to give our helpline a call if we can be of any further assistance.

      Best wishes

      Debbie

    2. Hi I have got common assault (domestic abuse)08/09/2020 , 130H community order, no suspend sentence. When this will be filtered ?

      1. Hi Alex

        Your conviction would be eligible for filtering on 8th September 2031.

        Under the Rehabilitation of Offenders Act (ROA) it would be spent 1 year after the end of your community order – for example if your order was for 12 months, your conviction would be spent on 8/9/2022. Once spent it would no longer appear on a basic DBS certificate.

        Best wishes

        Debbie

  7. Hi,
    I was arrested and questioned and then charged about a serious offence 20 years ago but after checking everything out they decided on no further action.
    I never went to court at all but need to know do I need to disclose it as a criminal record. I am still worried about having a record for something I never did in the first place, never traveled abroad as I know some countries check for criminal records.
    Before I try for a new job I have put off many times because of the need to supply a police check can I ask if in the above example, would have a disclosable record.

    1. Hi Russell

      If the police or the Crown Prosecution Service decided that no further action needed to be taken then you have nothing to disclose to an employer. You have not been convicted of anything and therefore nothing about this incident will appear on either a basic or a standard Disclosure and Barring Service (DBS) certificate. It would not appear in the main body of an enhanced DBS certificate although the police could, if they believed the incident was recent and relevant choose to disclose it as additional information on an enhanced DBS. This rarely happens but is something you might want to be aware of. You can find further information about additional information (police intelligence) at https://unlock.org.uk/advice/local-police-information-2/.

      If you are travelling abroad and need to apply for a visa, again you have nothing to disclose as you have no cautions or convictions. It’s important to state that there is no link to the Police National Computer (PNC) from your passport and impossible therefore for overseas immigration to check the details of information held on the PNC.

      I hope this is helpful but if you require any further information or advice, please feel free to get in touch with our helpline.

      Best wishes

      Debbie

    1. Hi Georgie

      If you were cautioned as an adult then your caution would be filtered (removed) from your enhanced DBS certificate this year (6 years from the date of issue). If you were under 18 when you were cautioned then it would have been filtered immediately.

      Once filtered your caution is deemed ‘protected’ and will no longer need to be disclosed to an employer.

      Best wishes

      Debbie

      1. What if it was involving a young person would it then not be filtered?
        I throw an empty can of coke at my sister and she moved and it hit her. She was 15

        1. Hi Georgie

          As stated previously, if you were aged over 18 when you were cautioned, the caution would be filtered from your standard/enhanced DBS certificate after 6 years. This means that at some point this year it would be eligible for filtering.

          Best wishes

          Debbie

  8. In 2012 I was subject to a malicious attempt by someone to get me in trouble with the police for harassment. Obviously I disputed this and was never arrested or told I was being found guilty. After one conversation with the police they told me that they were giving me a piece of paper informing me to stay away from the person who’d made the allegation for a certain period of time. I was told at the time it wouldn’t go on my police record, but assume the information must have been logged somewhere. I no longer have the paperwork myself. I’m about to have an enhanced DBS check. Would this information be disclosed please? I’m extremely worried, despite nothing being proven.

    1. Hi Maisie

      It’s possible that this incident was recorded as ‘police intelligence’ by the local police force who dealt with the allegation.

      It wouldn’t have been recorded on the Police National Computer (PNC) as you weren’t cautioned or convicted and therefore nothing would appear in the main body of any DBS certificate. The police could, if they thought it was relevant to the job you were applying for, choose to disclose this incident under the ‘additional information’ part of an enhanced DBS certificate. However, it’s important to state that this very rarely happens. In the unlikely event that it is disclosed, you can contact the police and ask them to review their decision. You can find further information on how to do this at – https://unlock.org.uk/advice/local-police-information-2/.

      Best wishes

      Debbie

  9. Hi,
    I was arrested last year for assault on an emergency worker (police officer) as the body cam showed I didn’t assault him at all, I just didn’t realise he had the authority to come into my house for a welfare check as I’ve never had any dealings with the police and you think it’s like on tv they need a warrant. Anyway I engaged in the divert scheme for 6 weeks and didn’t receive any conviction or caution. I’m applying to go to college and I need an enhanced DBS check. I’m really really worried and stressing out that this will show up on my record I don’t know what to do from here, looking for advice thank you.

    1. Hi Kerry

      Things like ‘divert schemes’ wouldn’t appear in the main body of your enhanced DBS certificate. The police can, if they think it’s relevant to the college/university course you’re applying for, choose to disclose it in the additional information section of the enhanced DBS certificate but this very rarely happens. You can find further information about the disclosure of police intelligence at https://unlock.org.uk/advice/local-police-information-2/.

      Best wishes

      Debbie

  10. hi i have a conviction of affray 16 years ago do you know if this would be a problem for my dbs checking for coaching my sons football team ?

    1. Hi Dave

      It’s likely that you’ll be required to have an enhanced DBS check if you are looking to coach your son’s football team. Your conviction for affray will appear on the DBS certificate but hopefully the fact that the conviction was so long ago will be taken into consideration.

      Best wishes

      Debbie

    1. Hi Samantha

      Unless you received a prison sentence of over 4 years, your conviction will be considered spent under the Rehabilitation of Offenders Act. Once spent it will no longer appear on a basic DBS certificate and doesn’t have to be disclosed to an employer.

      Providing your conviction didn’t result in a prison sentence or a suspended sentence then it would be eligible to be filtered (removed) from your standard and enhanced DBS certificate after a period of 11 years.

      Best wishes

      Debbie

  11. Hi Debbie

    I was arrested For production of cannabis at home I went to court and I had a fine and community service 3 years ago. I applied for basic DBS check on line today it came back clear ! Does this mean my criminal record won’t show if I travel to Australia and I can apply for a visa on line?

    Thanks .

    1. Hi Sami

      You’re absolutely right in saying that as your basic DBS certificate has come back clean, then your conviction for production of cannabis is now considered spent under the Rehabilitation of Offenders Act (ROA). Unfortunately, visa applications (including online applications) are exempt from the ROA and convictions would still need to be disclosed. Australian Immigration are more concerned about individuals with prison sentences or suspended sentences and it’s unlikely therefore that disclosing your conviction will prevent you from travelling.

      Enjoy your trip.

      Best wishes
      Debbie

    1. Hi Kazi

      Allegations never appear in the main body of an enhanced DBS certificate. They can be disclosed under ‘additional information’ if the police believe that the allegation is relevant to the job you’re applying for. It’s important to say that this rarely happens.

      Best wishes

      Debbie

  12. My son was cautioned for a sexual assault when he was 16 , he is now 18 and requires a dbs check to work in the nhs , will this show up on a standard / enhanced dbs check?

    1. Hi Fraz

      Unfortunately due to the nature of your offence and the fact that it resulted in a prison sentence, it wouldn’t be eligible for filtering (removal) and would therefore still appear on your enhanced DBS certificate.

      Regards

      Debbie

    1. Hi Vicky

      If you were given your cautions when you were under the age of 18 then these would automatically be removed immediately from all levels of DBS check. However, if you were over the age of 18 then your cautions will remain on your enhanced DBS certificate until you reach the age of 100.

      Best wishes

      Debbie

  13. Hi I got convicted for ABH and got a 6 month prison sentence and then in 2005 I got convicted for assault to severe injury and permanent disfigurement and got 300 hours community service will this stay on my Acro report as I want to work abroad, I was just out of the Army back then and struggled with PTSD which I am now ok.

    1. Hi Kevin

      Convictions which result in a prison sentence will appear on a Police Certificate for a minimum of 30 years. Non-custodial sentences will appear for a minimum of 12-years depending on the nature of the offence. After the requisite period of time a conviction can be ‘stepped down’ – further details can be found at https://www.acro.police.uk/Acro/media/ACRO-Library/STEP-DOWN-MODEL-v2-1.pdf.

      Once your conviction has been ‘stepped down’, your Police Certificate will show ‘No Live Trace’.

      It’s important to say that just because the details will appear on your Police Certificate doesn’t mean that you’ll be stopped from moving abroad.

      Best wishes

      Debbie

  14. Hi Debbie,

    In 1998, aged 18, I was convicted of possession of cannabis – Misuse of Drugs Act 1971 S.5(2) – and being in charge of a vehicle whilst unfit – Road Traffic Act 1988 S.4(2) as part of the same incident. I received a £225 fine and was disqualified from driving for 3 months. Both are still coming up on my Enhanced DBS all these years later. Is this right and will they ever be filtered? Thanks, Jason.

    1. Hi Jason

      Can I just confirm when you last had an enhanced DBS check?

      When the filtering rules were first introduced in May 2013, the criteria stated that only one conviction with one charge would be eligible to be removed. However, the rules changed in November 2020 and this multiple conviction rule was removed. Therefore, if your last enhanced DBS check was carried out prior to November 2020 that’s why your convictions are still showing. If an employer were to carry out a new enhanced DBS check, you should find that your certificate will now be ‘clean’.

      Best wishes

      Debbie

      1. Thanks for the reply Debbie, I now work in education and my last enhanced DBS was this year – via the DBS update service. Both convictions/charges are sill showing and continue to cause issues in my working life. It’s possible I signed up to the DBS update service before November 2020, could this be the problem? Thanks again, Jason.

        1. I was convicted of sexual assault and served 1 year of a two years sentence. This was 2000. I was not put in the sexual register.
          Will this show up on a dbs check

          1. Hi David

            From the information you have provided, I can confirm that your conviction is considered spent and would not appear on a basis DBS certificate. It would however always appear on either a standard or enhanced DBS certificate.

            Best wishes

            Debbie

  15. Hi. I work in education as a trainee teacher and i received an adult caution for employee theft last month from my last employer – this was a historic investigation, but very minor offence – basically cancelled my own order and they pinned theft on me, even though i never got the item…They are doing a new DBS check on me, but I have declared and it seems fine. That was a retail job, but is this likely to be relevant, given the line of work I am now in? Will this first time caution still appear?

    1. Hi Josh

      If you are going to be working as a trainee teacher then it’s extremely likely that you will need an enhanced DBS check. If you were over 18 at the time of your caution then this will show on your enhanced DBS certificate for a minimum of 6 years. Providing the offence you were cautioned for doesn’t appear on the DBS list of offences not eligible for filtering (https://www.gov.uk/government/publications/dbs-list-of-offences-that-will-never-be-filtered-from-a-criminal-record-check) then it will be removed at the 6 year point.

      I hope this is helpful.

      Best wishes

      Debbie

  16. Hi,

    I received the following convictions back in 2000.

    1)BURGLARY AND THEFT – DWELLING in 2000 (DISPOSAL; COMMUNITY SERVICE ORDER 180 HOUR
    S CONCURRENT COMPENSATION 250.
    00)

    2) BURGLARY AND THEFT – DWELLING in 2000 THEFT ACT 1968 S.9(1)(B) (DISPOSAL; COMMUNITY SERVICE ORDER 180 HOURS CONCURRENT)

    3) THEFT in 2000 THEFT ACT 1968 S.1 (DISPOSAL; COMMUNITY SERVICE ORDER 180 HOURS CONCURRENT)

    4) CAUTION RECEIVED in 2000 FOR USING THREATENING,ABUSIVE, INSULTING WORDS OR BEHAVIOUR WITH INTENT TO CAUSE FEAR OR PROVOCATION OF VIOLENCE

    My understanding of the latest guidance is that all of these convictions would now be protected and so not displayed on either a standard or enhanced DBS certificate, regardless of what role I apply for i.e. medical, finance, law, actuary etc.

    I’m about to change job so I want to be confident before I leap

    Thanks in advance

    1. Hi Dan

      I can confirm that your caution from 2000 and conviction number 3 (Theft Act 1968 S1) would all now be eligible for filtering and wouldn’t be disclosed on a standard and enhanced DBS certificate, irrespective of the job you were applying for.

      Unfortunately conviction number 2 is a non-filterable offence as it’s included on the DBS list of offences which will never be filtered (you can find further details at https://www.gov.uk/government/publications/dbs-list-of-offences-that-will-never-be-filtered-from-a-criminal-record-check). If you were convicted under the same Act for conviction number 1 then this also wouldn’t be eligible for filtering.

      Just because you have a conviction appearing on your standard/enhanced DBS check it doesn’t mean that you can’t apply for these types of jobs. You will need to disclose it but an employer should take into account the fact that it happened over 20 years ago.

      Best wishes

      Debbie

  17. Hi Debbie, I am having issues finding employment. Basically I turned my life around over 11 years ago and trained to be a social worker. Unfortunately, before I started to see mature/ see sense I had many brushes with the law. I currently have 2 ABH’s, 1 Resisting Police, and 1 Aggravated Assault on a female or boy under 14 years old. The last one is so incriminating it makes me feel I’ll every time it comes up. Can I add that this incident had nothing to do with a boy under 14 years old. It was an argument with a female driver, and afterwards I apologised profoundly for the distress I caused. Anyway these convictions where over 11 years ago now and are still haunting me. I trained for 5 years to be a social worker, and kept getting interviews about the convictions. It was disheartening but I kept going as I felt I could use my experiences to help others if that makes sense. Anyhow, I was 5 years qualified there in July. Luckily I found work through agencies, and the Trust give me a temporary contract working in a 16 + team. I was again interviewed about convictions but they excepted that I had totally turned my life around and was not a risk. I had to leave that role recently as the distance and driving was too much. I am struggling to find agency work as all the Trusts will not even consider me for the role. This is even after having 3 great references from mangers I previously worked for. Can you advise what I should do next? I just want a chance to show what I can do and that I am not a risk to anyone, especially children. I am currently on the waiting list for full time employment with the Trusts but I am now thinking I’ll have difficulty securing full time employment because of the convictions? Please help, I really do not know what way to turn? I am totally ashamed of my past…… I wish I could change it but it will always be with me and I have accepted that….. I hope you have picked up but I live in Northern Ireland

    1. Hi Christian

      Unlock’s information and advice only covers England and Wales as the law around criminal records and disclosure is slightly different in Scotland and Northern Ireland. I would recommend contacting NIACRO – https://www.niacro.co.uk. This organisation are based in Belfast and cover similar issues to Unlock.

      Kind regards

      Debbie

  18. I received a warning aged 15 for GBH with intent after a fight with my sister. This used to be classed as one of the serious offences that would never be removed. After the changes in 2020 would this definitely be removed from an enhanced DBS check, and am I right in saying that I do not need to disclose it? Also, if I travel abroad do I need to declare this in a visa etc? Thank you