When can employers see your criminal record in the UK?

Can your employer see your criminal record? The short answer: it depends on your role. Most jobs don’t allow employer DBS check requests; your spent convictions stay private. But certain work involving vulnerable roles, children, or access to someone’s house or property has special exemptions. Whether you’re worried about disclosure or hiring someone, knowing when an enhanced check for children applies could protect your career or business. If you’re facing a complex situation or potential discrimination, consult a solicitor specialising in criminal law to safeguard your rights.

Discover when employers can legally demand an employer DBS check, and when your spent convictions stay private.

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Your rights: When criminal records stay private

The Rehabilitation of Offenders Act 1974 protects your right to privacy by making certain convictions “spent” after a rehabilitation period. Once spent, you don’t need to disclose them to most employers.

• Spent convictions protection: After your rehabilitation period expires, most employers cannot legally ask about or consider these offences when making hiring decisions.
• Automatic filtering: Minor convictions disappear from basic DBS checks after set timeframes; typically 11 years for adults (5.5 years for under-18s) for custodial sentences under 4 years.
• The four-year rule: Prison sentences over four years never become spent and remain on your criminal record permanently.
• Default position: Unless a role falls under specific exemptions, employers must treat you as if the spent conviction never happened; asking about it breaks the law.

Basic vs standard DBS checks: What’s the difference?

Not all employer DBS check requests are equal; the law recognises different levels, each revealing different information about your past. Choosing the wrong level wastes time and could expose your business to legal challenges.

Basic DBS checks

• What shows up: Only unspent convictions, conditional cautions, and pending prosecutions appear; spent convictions remain hidden under rehabilitation of offenders protections.
• Who can request: Any employer for any role can ask for a basic check, though you apply for it yourself and control whether to share results.
• Common usage: Retail positions, hospitality jobs, office administration, and roles without safeguarding responsibilities typically use this level.
• Cost and speed: £21.50 for online applications, results arrive within days, making it the quickest background check option.

Standard DBS checks

• Full conviction history: Reveals spent and unspent convictions, cautions, reprimands, and final warnings from your entire criminal record.
• Restricted access: Only available for specific exempt roles listed in the Rehabilitation of Offenders Act exemptions; not open to general employers.
• Typical roles: Positions in financial services, legal professions, property management firms handling client funds, and certain security positions require this level.
• Employer-initiated: Unlike basic checks, employers apply directly through the Disclosure and Barring Service with your consent.

Jobs requiring enhanced DBS checks: Children and vulnerable adults

If your work brings you into frequent, unsupervised contact with children or vulnerable people, an enhanced check for children or adults is a legal requirement. These vulnerable roles carry the highest safeguarding responsibilities and strictest vetting standards.

Working with children

• Education sector: Teachers, teaching assistants, school administrators, and anyone working in nurseries, primary schools, or secondary schools must undergo an enhanced check for children with barred list searches.
• Childcare providers: Registered childminders, nannies working in a family’s house, nursery staff, and after-school club workers all require enhanced vetting regardless of employment status.
• Youth services: Youth workers, sports coaches for under-18s, scout leaders, and anyone supervising children’s activities in community settings face mandatory checks.
• Healthcare for minors: Paediatric nurses, child psychologists, dentists treating children, and other health professionals with regular child contact need enhanced clearance.

Working with vulnerable adults

• Residential care: Care home workers, supported living staff, and anyone providing personal care in a vulnerable adult’s house require enhanced checks with adult barred list searches.
• Health and social care: Nurses, occupational therapists, social workers, and healthcare assistants working with elderly, disabled, or mentally ill patients need full vetting.
• Home support services: Personal assistants, domestic carers, and tradespeople with regular unsupervised access to vulnerable people’s property may require enhanced checks depending on the duty of care arrangement.
• Financial abuse prevention: Deputies, attorneys, and professional financial advisors managing vulnerable adults’ affairs face enhanced scrutiny to prevent exploitation.
• Regulated activity definition: Work qualifies when it’s frequent (once weekly or more), intensive (four days monthly), or overnight; occasional contact in public spaces doesn’t trigger enhanced employer DBS check requirements.

Best practices: For employers and applicants

Whether you’re hiring staff or applying for work, getting employer DBS check procedures right protects everyone from costly mistakes and legal challenges. Follow these proven guidelines to stay compliant and fair.

Employer guidelines

• Verify eligibility first: Confirm your role qualifies under exemptions before requesting anything beyond basic checks; assumptions trigger discrimination claims.
• Match check to risk: Don’t demand an enhanced check for children when standard suffices; over-vetting breaches data protection rules and wastes money.
• State requirements upfront: List DBS needs in jobs adverts so candidates with criminal records self-assess before applying.
• Assess proportionately: A minor theft from 10 years ago shouldn’t bar someone from property maintenance with no financial access; judge convictions against actual role risks.
• Re-check regularly: For vulnerable roles, re-vet every three years or use the DBS Update Service for real-time monitoring.

Applicant rights and disclosure

• Know your spent date: Calculate when convictions become spent; disclosing unnecessarily on non-exempt jobs costs you opportunities without legal reason.
• Be honest on exempt roles: Lying during checks guarantees rejection; disclose with brief context about rehabilitation and time elapsed.
• Check yourself first: Apply for your own basic DBS before job hunting to see what employers will discover; avoid surprises.
• Challenge unfair rejections: Employers cannot apply blanket bans; if your spent conviction is irrelevant or the role doesn’t qualify for enhanced vetting, you may have employment law grounds to contest.
• Use the Update Service: For £13 yearly, share one certificate across multiple employers in similar sectors; saves repeated employer DBS check fees.

FAQs

• Can I refuse an employer DBS check request? Yes, for non-exempt jobs, refusal carries no penalty. For vulnerable roles under exemptions, refusal means automatic rejection since checks are mandatory.
• Will my employer see arrests that didn’t lead to convictions? Not on basic or standard checks. Enhanced employer DBS check requests may include police intelligence about arrests if they raise safeguarding concerns.
• How often do DBS checks need updating? No legal expiry exists. Most employers re-check vulnerable roles every 3 years. The DBS Update Service lets employers verify your status instantly across multiple jobs without repeat applications.

Knowing when employers can legally request an employer DBS check protects both your career prospects and business compliance. Whether navigating exemptions, disclosing spent convictions for jobs, or handling vulnerable roles involving house or property access, getting it right prevents costly discrimination claims and safeguarding failures.

Facing employer DBS check complications?

Qredible’s network of specialist solicitors provides clear, practical guidance on employment law and criminal records.

KEY TAKEAWAYS:

• Employer DBS check requests are only legal for specific roles; most jobs protect spent convictions, but vulnerable roles involving children or access to someone’s house or property require full disclosure under exemptions.
• Basic checks show unspent convictions only, standard checks reveal complete criminal records for exempt roles, and enhanced check for children includes police intelligence and barred list searches.
• Employers risk discrimination claims for unauthorised checks, while applicants face rejection for dishonest disclosure on exempt jobs; both must follow strict legal guidelines.