Criminal record checks are essential for hiring in many roles, including working with children and vulnerable adults. Checking someone's criminal record as an employer means you can ensure the person you're hiring is suitable for the role. These checks help you make informed decisions and maintain a safe and trustworthy workplace.
Employers in the UK can request a DBS check for prospective employees. Depending on the role, different types of DBS checks are available, each revealing varying levels of detail about a person's criminal history. It's essential to know which type of check is suitable for the position you're hiring for to comply with legal requirements.
By understanding the guidance for employers on DBS checks, you'll ensure that you are conducting proper checks without violating any laws. This process not only keeps your workplace secure but also builds trust with your employees and clients.
Key takeaways
- Employers can request a DBS check to review a candidate's criminal record.
- Different roles require different types of DBS checks, from basic to enhanced.
- Following legal guidelines for these checks is crucial for compliance and safety.
Understanding criminal records
Employers can use criminal records to make informed hiring decisions. This guide covers the key aspects of understanding a criminal record, including definitions, categories of offences and types of checks available.
Defining a criminal record
A criminal record is a documented history of an individual's interactions with the criminal justice system. This can include arrests, charges, convictions and sentences. It also lists any acquittals or dismissals of charges.
Criminal records are maintained by law enforcement agencies and can be accessed through certain background checks. You might encounter terms like spent and unspent convictions, which refer to whether a conviction still needs to be declared in certain situations.
Categories of criminal offences
Criminal offences are classified into various categories, each with its specific implications:
- Sexual offences include crimes like sexual assault and indecent exposure
- Motoring offences cover actions such as speeding and driving under the influence.
- Public order offences involve actions that disturb public peace, like riots or affray.
- Drug-related crimes involve possession, distribution or production of illegal substances.
- Domestic violence and domestic abuse encompass a range of abusive behaviours towards a partner or family member.
- Petty crimes might include minor theft or vandalism.
- Serious crimes may cover violent acts or large-scale fraud.
Types of checks
Different types of checks are available to access someone’s criminal record. Basic checks reveal unspent convictions, while standard checks provide details on both spent and unspent convictions, cautions and reprimands.
Enhanced checks give additional information, such as any local police intelligence. For roles involving vulnerable groups, an Enhanced with Barred Lists check might be required, which includes information on whether the person is barred from working with children or vulnerable adults.
Each type of check is designed for specific purposes, and it's important to choose the right one based on the role and legal requirements involved. For instance, employers in education or healthcare might need more detailed checks to ensure the safety of those in their care.
Legal framework
Employers must follow specific laws and regulations when checking someone's criminal record, which vary across the UK.
Government agencies and law enforcement
The agency responsible for criminal record checks in England and Wales is the Disclosure and Barring Service (DBS) in England and Wales. For Scotland, it’s Disclosure Scotland, plus the additional Protecting Vulnerable Groups (PVG) scheme. In Northern Ireland, AccessNI handles these checks.
Rights and regulations in England & Wales
Strict regulations govern how employers in England and Wales can request and use criminal record information. The government's guidance ensures that checks are conducted fairly, without discrimination.
Employers can't request a criminal record check unless the job demands it. For certain positions, not following these rules could lead to legal penalties.
Regional laws across the UK
Different regions in the UK, including Scotland and Northern Ireland, have unique regulations for criminal record checks. Disclosure Scotland is the Scottish equivalent of the DBS, while the PVG scheme is tailored to working with vulnerable groups.
Northern Ireland operates AccessNI, which offers similar services to the DBS but follows local legislation. Knowing the specific laws and procedures in your region ensures compliance and helps you avoid legal issues.
Types of criminal record checks
Different types of checks are available, offering varying levels of detail about a candidate's history.
Basic checks
A basic check is the most straightforward. This level of check reveals any unspent convictions, and is suitable for roles where the risk to the public or the organisation is low.
To obtain a basic check, employers can apply to the DBS. If you're requesting a large volume of checks or don't have the time available to manually run checks, we offer a basic DBS check service that saves you time. This type of check is often used for positions that do not require direct interaction with vulnerable people.
Standard checks
A standard check goes a step further than a basic check. It includes both spent and unspent convictions, cautions, reprimands and final warnings. This type of check is often required for roles with a higher level of responsibility, such as financial services and legal professions.
Enhanced checks
An enhanced check provides the most thorough level of detail. In addition to the information found in a standard check, it includes any relevant information held by local police forces. This check is essential for roles involving close contact with children and vulnerable adults.
To request an enhanced check, employers must prove that the role meets specific criteria. The process involves a more detailed investigation. We can take the time out of an enhanced check with our enhanced criminal check.
Special checks for vulnerable groups
For positions working directly with vulnerable groups, an enhanced check with barred lists is necessary. This level also checks if the individual is on barred lists for working with children or vulnerable adults.
Employers must provide detailed information about the role to request this check. The DBS confirms that the person is not legally prohibited from working with these groups. These checks are crucial for safeguarding the welfare of vulnerable people in care settings, schools, and similar environments.
The criminal records check process
Ensuring a thorough criminal records check is essential for safeguarding your business and ensuring the safety of other employees. Here is a step-by-step guide on how to conduct these checks.
Initial verification
Before you start the criminal background check, you must verify the identity of the applicant. This can be done by requesting various forms of identification, such as a passport, driving licence or a national identity card. These documents should be current and valid.
You can also use utility bills or bank statements to verify the address. Make sure the information matches the details provided in the application. An accurate identity check helps avoid any errors or fraudulent activities.
It’s important to be diligent in this step, as mistakes here can lead to inaccurate results, risking the safety and integrity of your workplace.
Submitting the application
Once the initial verification is complete, you can proceed with submitting the application for the criminal record check or use our fast and efficient DBS check services.
You will need to fill out the necessary forms and provide all required information about the applicant, which can take time. Some applications can be submitted online - for example, we use a reinforced portal to securely submit applications. The DBS sensitive applications team can assist with any specific queries during submission.
Be aware that in certain roles, it is a legal requirement to request a criminal records check.
Processing times and turnaround
The time it takes for a criminal record check to be processed can vary. For instance, a basic check might take just a few days, while enhanced checks could take several weeks to complete. Factors like the time of submission and the accuracy of the information provided can affect processing times.
Interpreting criminal record information
When reviewing someone's criminal record, you must pay attention to specific details such as the type of convictions and any indicators of risk.
Understanding conviction details
Conviction details include the nature of the offence, the date it was committed and the resulting sentence. Look for patterns in criminal history, such as repeated similar offences, which may indicate persistent behaviour.
It's essential to differentiate between minor offences and severe crimes. For instance, minor offences like traffic violations are less concerning than a history of violence or serious criminal activities.
Recognising risk indicators
You should identify risk indicators that point to a potential threat to workplace safety. A history of violent behaviour or serious crimes often suggests a higher risk of harm.
Assess the duration since the last offence and whether the individual has been rehabilitated. Someone with a recent prison sentence might pose more risk compared to someone with an old conviction and a clean record since.
Non-conviction information, although it doesn't result in jail time, might still indicate risky behaviours. Look for arrests or charges that didn't lead to convictions, as these could highlight underlying issues even if not proven in court.
Implications for employers
Understanding someone's criminal record helps determine the relevance of past offences, stay compliant with laws and protect employee data.
Assessing the relevance of offences
When checking criminal records, you must evaluate whether past offences are relevant to the role. This is particularly important in sectors like healthcare or education, where vulnerable individuals are present.
Consider the role’s responsibilities and the nature of the offence. Minor, non-violent convictions might not be relevant for a customer service job. However, a history of theft is relevant for roles handling money.
In some cases, basic DBS checks provide enough information. More detailed checks might be necessary for high-risk positions, ensuring you make informed decisions.
Compliance and best practices
Compliance with laws and regulations is essential. You should be aware of the Rehabilitation of Offenders Act 1974, which governs the treatment of spent and unspent convictions. It's also important to understand when a criminal record check is legally required and when it's not, as making an inappropriate request could lead to legal issues.
Adopt best practices by integrating criminal record checks with other employment background checks. This will provide a well-rounded view of the applicant, helping you make better hiring decisions. We offer a range of checks that complement a DBS check, including facial ID verification, verification of higher education and professional qualification checks, character references, right to work checks and more.
Protecting employee data
Criminal record information is sensitive, and mishandling it can have serious implications. Adhere to data protection laws, ensuring that you store and handle this information securely.
Only authorised personnel should access this data. Implement robust data protection measures like encryption and secure storage and regularly review your procedures to ensure they comply with current data protection standards.
Ensure employees are informed about how their information is used and stored. Consider the implications with insurance companies, as mishandling data could impact your business’s reputation and legal standing.
Special circumstances and considerations
Certain situations require more specific actions when you check someone's criminal record. These include working with children and vulnerable adults, as well as handling international applications and non-UK residents.
Working with children and vulnerable adults
When hiring for roles involving children or vulnerable adults, you must be especially thorough.
For these positions, you need an enhanced DBS certificate. This check goes beyond basic and standard checks, including details on child abuse and domestic abuse. Police officers and other relevant agencies contribute to this thorough vetting process.
Social services can provide additional insight, especially if the individual has a history of working with vulnerable groups. It's vital to verify that applicants are not listed in government archives related to child sex offenders or other child sexual misconduct to ensure safety.
International applications and non-UK residents
For applicants from outside the UK, you need to consider different standards and documentation. A certificate for immigration purposes may be required, particularly when handling employment visas.
To ensure thorough vetting, you should request a disclosure certificate from the applicant's home country. This is often facilitated through relevant government organisations.
Be aware that different countries have different procedures for criminal record checks. You might need to contact local authorities or request additional information from international police forces.
Data management and security
When handling criminal record checks, it’s essential to focus on secure data management and respecting privacy. Careful storage, sharing and ethical use of this sensitive information are key considerations.
Storing and handling sensitive information
You should treat criminal records, including data like current address, email address and current driving licence photocard, with utmost care. Store these records in secured digital systems that use robust encryption protocols. This prevents unauthorised access and protects against data breaches.
Access to this data should be limited to authorised personnel. Implement a two-step verification process for accessing records. Always keep logs of who accesses or modifies the data. For paper records, store them in locked, secure cabinets.
Regular audits ensure that data management practices comply with legal standards. Dispose of outdated records securely by using shredders or secure electronic deletion processes. This step is crucial to prevent identity theft or misuse of information.
At RecRef, our secure system means that your reports and criminal checks are already protected by our robust security measures.
Frequently asked questions
As an employer, it's important to stay informed about the process of conducting criminal record checks on potential employees.
What steps are involved in obtaining a criminal record check for a potential employee?
To get a criminal record check, first determine the type of check required. Then, apply through the Disclosure and Barring Service (DBS) for roles in England and Wales, or Disclosure Scotland for roles in Scotland.
Is it legal for an employer to carry out a check on an individual's criminal background?
Yes, it is legal in many cases. Employers can check someone's criminal record when hiring for roles that require it, like working with children or vulnerable adults. Inappropriate checks can be illegal, so it's crucial to know when you can request a check.
What is the difference between a standard DBS check and an enhanced DBS check?
A standard DBS check looks at spent and unspent convictions, cautions, reprimands and warnings. An enhanced DBS check includes all that plus any additional relevant information held by local police. Enhanced checks are often required for roles involving significant responsibility or risk.
How can an employer verify whether a job applicant has a history of criminal convictions?
Employers can apply for a DBS check through the government website or use our basic and enhanced DBS check services to save time. The results will show the applicant's criminal history, including convictions, cautions and other relevant information.
