Certain minor or old crimes may not be revealed in an enhanced DBS check. These are known as “protected crimes”. An improved certificate with forbidden lists will contain the same information as an improved DBS certificate, but it will also include the verification of one or both of the prohibited lists. An employer can request a DBS check as part of their hiring process (formerly known as CRB checks).
These checks are processed by the Disclosure and Prohibition Service (DBS). A basic, standard, or improved AccessNI check will reveal different types of information about your criminal record to an employer. Some reprimands, fines, crimes, and unserved sentences will not be published. However, convictions for certain crimes are not spent and will always be on your record.
As long as your conviction has not resulted in a prison sentence or a suspended sentence, it can be excluded (removed) from your standard DBS certificate and improved after a period of 11 years. A DBS check will show information from the national computer records of the National Police (PNC) and, possibly, also from local police records. Just like when carrying out improved DBS verification for individuals, DBS will consider any information from police, employers, or regulatory bodies when deciding whether to add a person to a list of prohibited persons. In some cases, police may believe that information related to your mental health is relevant to a DBS review.
Recruiters should only request that a person's DBS be inspected when they are legally authorized to do so; they must have the right by law to ask a person to disclose their full criminal record. The Disclosure and Prohibition Service (DBS) helps employers make safer hiring decisions every year by processing and issuing DBS checks for England, Wales, the Channel Islands and the Isle of Man. The DBS cannot access criminal records found overseas, so a DBS check may not provide a full picture of an applicant's criminal record if they have lived outside the UK. Improved DBS certificates are often delayed in phase 4 (the local police intelligence phase), especially if the police force being used is one of the largest, such as the Metropolitan Police or the West Midlands.
An enhanced DBS certificate with prohibited lists is also suitable for people who work with children or adults under certain circumstances, such as those receiving medical or personal care. If applicants are asked to disclose details of their criminal history in the application phase, performing a DBS check allows the employer to verify that the information released in the application phase is correct. The Northern Ireland Department of Justice has guidance on the filtering process that applies to standard and improved controls in Northern Ireland on its website. According to the information you provided, this conviction would now have been leaked (removed) from your improved DBS certificate.
When it comes to hiring new employees, employers need to make sure they have all the necessary information about their potential employees' criminal records before making any decisions. An enhanced DBS check is one way employers can do this. This type of check provides employers with detailed information about an individual's criminal history and any other relevant information that could affect their suitability for a role. It includes details such as convictions, cautions, reprimands and warnings that may not be revealed in a basic or standard check.
The enhanced DBS check also includes verification of one or both of the prohibited lists which contain details of people who are barred from working with children or vulnerable adults due to their past behaviour or convictions. This means that employers can make sure they are not hiring someone who poses a risk to vulnerable people in their care. It is important for employers to understand that even if an individual has no criminal record or convictions listed on their enhanced DBS check, this does not necessarily mean they are suitable for a role involving vulnerable people. Employers should always take into account other factors such as references and interviews when making hiring decisions.
