What to do if you find criminal information on a DBS Check

Applying for a DBS Check has become a necessary part of recruitment and is imperative to providing a secure workforce in society. Criminal record checks can also be a very sensitive issue, so what do you do if you actually find something on a check? Panic? Ignore it? 

We caught up with the team to round up the top ten most common questions about convictions on DBS certificates, they get asked: 

1. Is it illegal to employ an applicant who has something on their DBS check? 

No, the organisation must make a sound recruitment decision based on what the DBS certificate presents. Organisations cannot discriminate against an applicant based on what is on the result.  

However, if an applicant is on the Child or Adults Barred List, it is illegal for the organisation to employ them in a position near children or adults. This is known as ‘regulated activity’, which a barred person cannot do/

See the Rehabilitation of Offenders Act to find out the positions which are exempt. 

2. Am I allowed to refuse employment if the applicant has a criminal record? 

Yes, you are, providing the convictions are relevant to the applicant’s job role and in line with the Rehabilitation of Offenders Act 1974.  

If the applicant is working in regulated activity then you can refuse employment based on ‘spent’ convictions. However, the DBS Code of Practice states that it is a requirement to treat any DBS applicant who has a criminal record fairly. You cannot discriminate against them based on criminal activity that is not relevant to their job role. 

Spent convictions are minor convictions that have a rehabilitation period, automatically determined by the sentence. After this period, the conviction is considered spent and need not be disclosed by the ex-offender when applying for jobs.

3. Do I need to tell the other employees if I decide to employ the applicant? 

Any disclosures or disclosure information relayed to you must be treated with the strictest confidence and must not be shared with any third party without the applicant’s prior consent. 

4. How do I approach the matter of DBS check results with the applicant once I receive the email saying there is information on it? 

As an employer, you would need to ask the applicant to view their DBS certificate. They would then need to discuss the information disclosed on the certificate.  

This information Should be used as a recruitment tool to make a decision as to whether a person is suitable for an intended role – providing the information on the certificate is relevant to the applicant’s position. 

5. Do I need to confront the applicant about their results? 

This depends on the relevance of the result – if the result shows something which is relevant to the position the applicant is applying for, we recommend that the organisation hold a meeting with the applicant to discuss this further before making a recruitment decision 

6. Will the information on my DBS Check stop me from working? 

Any organisation must make a sound recruitment decision based on what your DBS certificate presents. The organisation can decline your employment offer if they feel that any criminal information on the DBS certificate is relevant to the position applied for. 

7. What if the applicant won’t show their DBS Check? 

It is at the discretion of the applicant as to whether they show their DBS check to their employer. 

However, it is unlikely that the employer would make a recruitment decision without seeing the individual’s certificate. It would be in the best interest of the organisation to state in their recruitment policy that the applicants must show their DBS certificate as a requirement of their employment. 

8. How can I get the information removed from my own DBS Check? 

The DBS search the PNC (Police National Computer) for the results of the check. If you wish to speak to someone to dispute the result on the check you would need to call the DBS or contact the Police. 

9. What if the applicant is already working for me and I find something on their DBS? 

The process would be exactly the same for existing employees as it is for new applicants. You are able to terminate employment in line with the Rehabilitation of Offenders Act & DBS policy on the Recruitment of Ex-Offenders. Providing the convictions are deemed relevant and could affect the applicant’s suitability for the job, you can terminate employment. 

10. Is it illegal to discuss the results of an applicant with another person? 

Yes. You will be in breach of Data Protection Act 1998 and the General Data Protection Regulation 2018 (GDPR), if you disclose any disclosure information to any third party without the prior consent of the applicant. 

If you have come across any criminal information on an employee's DBS certificate and need further advice, call an advisor on 01254 355688 or drop us an email at letstalk@personnelchecks.co.uk