DBS filtering rules determine which cautions and convictions appear on criminal record checks. Adult cautions can be filtered after 6 years, while adult convictions need 11 years to be filtered. Youth cautions are automatically filtered on checks to protect younger people’s job prospects. The system does not filter serious offenses like violent or sexual crimes, and custodial sentences remain on records. Since November 2020, multiple convictions are reviewed one by one rather than as a group. These rules affect how your criminal record appears during employment background checks.
What Gets Filtered From DBS
The DBS filtering system removes specific cautions and convictions from criminal record checks based on set criteria.
Youth cautions are removed from DBS checks, regardless of the offense type, while adult cautions can be removed after 6 years if they’re unspent and don’t involve non-filterable offenses.
For convictions, the removal rules change based on age at the time of the offense. Adult convictions can be removed after 11 years, if they didn’t result in a custodial sentence and aren’t listed as specified non-filterable offenses.
For those under 18 when convicted, the removal period is 5.5 years from the conviction date, with the same conditions.
Some serious offenses will never be removed from DBS checks. These non-filterable offenses include violent crimes and sexual offenses.
The filtering system balances public safety with allowing people to move forward from past mistakes that don’t pose ongoing risk.
Eligibility Criteria For Filtering
Each DBS filtering case must follow specific eligibility criteria, which differ for adult and juvenile records.
Adult convictions can be filtered after 11 years of being spent, while juvenile convictions need 5.5 years after being spent.
The rules about offense types are strict. Custodial or suspended prison sentences can’t be filtered, regardless of timing. Offenses on the specified offenses list, like robbery or sexual offenses, can’t be filtered.
Youth cautions receive less strict treatment and are automatically filtered from DBS checks to help protect young people’s job prospects.
Multiple cautions or convictions can be removed from records if each meets the time and eligibility rules.
This system helps prevent minor past mistakes from limiting career options while maintaining protection for sensitive positions.
Multiple Conviction Assessment Rules
After the November 2020 reforms, DBS filtering rules changed how multiple convictions are reviewed.
The Supreme Court ruling removed the previous multiple conviction rule that required showing all convictions when someone had more than one offense recorded. Now, each conviction gets reviewed separately rather than as a complete set.
This new method helps people who’ve several minor offenses in their background.
Before the changes, about 45,000 individuals yearly faced job barriers because they’d to show all their convictions, no matter how minor or irrelevant.
The current system reviews DBS checks differently, looking at each conviction individually.
The new review process reduces ongoing effects from past minor offenses.
People now have more job opportunities since the filtering system only keeps serious and relevant offenses on standard and enhanced DBS checks, making it easier to return to work.
Protected Cautions And Warnings
Protected cautions and warnings function as official records that can be removed from DBS checks after set waiting periods. When you get a caution or warning, you need to know how the Disclosure and Barring Service manages these records under their filtering rules.
Youth cautions, reprimands, and final warnings are automatically removed once spent, and won’t show up during standard or enhanced checks.
Adult cautions take six years before removal, if no other offences occur in that time. The filtering system removes eligible cautions considered minor that meet the time requirements.
Conditional cautions follow separate rules and are removed from disclosure once spent according to the Rehabilitation of Offenders Act.
Employers won’t see these records during background checks. The filtering process helps keep past minor offences from affecting job prospects, while keeping necessary safeguards for work with vulnerable groups.
Exceptions To Filtering Guidelines
Most cautions and convictions can be filtered from DBS checks after set periods, but some exceptions require full disclosure regardless of time passed. Specific roles like police constables and judicial appointments are exempt from filtering rules.
Custodial or suspended sentences can’t be filtered from records, regardless of time passed. Non-filterable offences include serious crimes like robbery, which always appear on DBS checks. Adult cautions for specified offences stay on records for at least 6 years, and those related to non-filterable crimes remain permanently.
Custodial sentences received for juvenile offences can’t be filtered.
- All cautions and convictions must be disclosed for roles involving access to vulnerable groups
- Convictions resulting in prison time remain visible to employers
- Juvenile records with custodial sentences stay permanent and may affect future opportunities
Frequently Asked Questions
What Is the DBS Filtering Rule?
If you have a minor theft conviction from 12 years ago, DBS filtering rules can remove it from your record, helping you get jobs without past mistakes stopping you.
What Offences Are Never Filtered From DBS?
Violent crimes, sexual offenses, drug trafficking, robbery, and serious fraud cannot be filtered from DBS records. Any crimes that led to prison or suspended sentences remain permanently visible.
What Can Stop You From Passing a DBS Check?
A DBS check may show issues if you have serious criminal incidents, custodial sentences, multiple unfiltered cautions, or violent or sexual offences in your background.
What Are Filtering Rules?
Filtering rules remove old, minor convictions from your record after specific time periods. They hide certain cautions and convictions from DBS checks, making it easier to find employment.
Conclusion
DBS filtering rules mean some past convictions can become hidden from your record over time, while others will remain visible permanently. Understanding these rules helps you know what employers can and cannot see when checking your criminal record.