These positions do not receive criminal record information through the DBS process. The employer should, however, follow existing guidance and conduct a case-by-case analysis of any spent convictions and cautions as described above. If the employee fails to disclose any spent convictions or cautions when required by law to do so in respect of these positions, the employer or organisation will be able to take the convictions and cautions into account if they otherwise find out about them which may have consequences e.
Filtering guidance is also available from other organisations. DBS is not responsible for content on external sites. They provide expert advice and advocacy to people with criminal records, as well as expert advice, support and training to employers and organisations responsible for interpreting and managing this information.
Nacro have developed sample templates of criminal record declaration forms that take account of the changes and details of the Rehabilitation of Offenders Act You can read more about filtering on the Nacro advice pages. Unlock is an independent charity, providing trusted information and advice services for people with convictions.
They run a confidential peer-advice helpline which supports people in overcoming the effects of their criminal convictions. Filtering and caution advice pages are also available to view on the Unlock website. To help us improve GOV. It will take only 2 minutes to fill in.
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Hide this message. Home Crime, justice and law DBS filtering guide. Ministry of Justice. Contents Introduction When did the law change in relation to what is disclosed on Standard and Enhanced certificate? What other types of information are disclosed on Enhanced DBS certificates? Can an employer ask an individual to declare details of all convictions and cautions?
Completion of section e field 55 on the DBS application form Positions where filtering does not apply External guidance Print this page. Contents Print this page. Cautions will be filtered from a DBS report if:. If the individual was under the age of 18 at the time of the caution then the filter time is even less. They will be filtered if:.
Of course, there are some crimes that will never be filtered from records and will always appear when a DBS check is ordered.
Serious sexual or violent crimes, which are relevant in a safeguarding context will never be filtered. This also goes for any similar offences committed abroad at any time. If you commit a minor crime, the police can issue you with a caution.
A caution is not the same as a criminal conviction, but is still indicative of a criminal offence having been committed. Cautions can be used as evidence of bad character if you go to court in the future. Cautions can be issued to anyone over the age of 10 years old. Once a police caution has been issued, it will generally appear on your record used by the Disclosure and Barring Service DBS for six years this is reduced to two years if you were under 18 at the time the caution was issued.
Though not a criminal conviction, a caution can have a lasting impact on your ability to move forward with your professional or private life.
If you have received a police caution, youth warning or reprimand, you may have agreed to this without having fully appreciated the ramifications it would have for you in later life. Having a caution on your record may negatively impact you on the advancement of your chosen career, particularly if you intend to work with children or vulnerable adults, or if you wish to enter into a regulated profession. A caution on your record may even impact on your travel plans.
At the time you accepted the caution, you may have been misled by the Police about the implications of it. It is possible that in certain circumstances, Police cautions can be removed from your record.
Find out more information about how to get a police caution removed , or contact specialist caution removal solicitor Mark Hopwell to discuss your case. A simple caution is a record of criminal allegation where an individual accepts the evidence and admits the allegation. Conditional cautions attach conditions, such as the payment of a fine, or an apology letter; if the conditions are not met then the caution can be voided with a prosecution commenced. There are also youth cautions and youth conditional cautions, which are similar to adult cautions but have slightly different procedural requirements.
A police caution is not technically a criminal conviction, but it does have a number of the hallmarks of a conviction.
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