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

By Personnel Checks

24 Apr 2014

Applying for a DBS Check has become a necessary process in recruitment and is imperative to providing a secure workforce in society.

Personnel Checks interviewed its DBS advisers to get their opinions on best practice when finding something on a check.

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

Alice: 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 children’s or adults barred list, it is illegal for the organisation to employ them in a position near children or adults.

2. Am I allowed to refuse employment on the applicant if they have criminal record information?

*spent – minor convictions have a rehabilitation period, automatically determined by the sentence, after which 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?

Polly: 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?

Louise: The employer would need to ask to speak with the applicant and to see their certificate. They would then need to discuss the information that is on the certificate. The employer would then use this information as a recruitment tool to make a recruitment decision as to whether or not this person is suitable for the role intended – providing the information on the certificate is relevant to the applicant’s position.

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

Alice: 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?

Jack: The 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?

Louise: It is at the discretion of the applicant as to whether or not 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 applicant’s must show their DBS certificate as a requirement of their employment.

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

Jack: 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?

Ryan: The process would be exactly the same for existing employees as it would be 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 or deemed relevant and affect the applicant’s suitability for the job, you are able to terminate employment.

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

Enjoyed this? Read more from Personnel Checks

Latest news

1

Construction begins on new Civil Service office building in Talbot Gateway Alan McBride Muse Will Town Defence Infrastructure Organisation Jennifer Chard Defence Business Services Cllr Lynn Williams Blackpool Council Garry Bowker Vinci

Construction begins on new Civil Service office building in Talbot Gateway

20 May 2025

2

Skiddle raises over £750,000 for charities Skiddle cheque presentation to Alder Hey Hospital

Skiddle raises over £750,000 for charities

20 May 2025

3

Former Victorian Hotel approved for residential conversion The site

Former Victorian Hotel approved for residential conversion

19 May 2025

4

REVOLUTION PARK: Work starts on Darwen’s new home of advanced manufacturing Oliver Webber, Tracy Clavell-Bate and Tim Webber from Barnfield Group with Cllr Phil Riley, second from right, Leader of Blackburn with Darwen Council

REVOLUTION PARK: Work starts on Darwen’s new home of advanced manufacturing

19 May 2025

5

Two Cuckoo Gins named winners in The Gin Guide Awards 2025 Mark Long

Two Cuckoo Gins named winners in The Gin Guide Awards 2025

19 May 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV122 May/June Launch Event
121 Lancashire Business View Magazine Launch
Networking
21 May 2025

LBV122 May/June Launch Event

Lancaster and Morecambe College, Lancaster, LA1 2TY

08:30 - 10:30

Sub36 Networking
Networking
11 Jun 2025

Sub36 Networking

British Jewellery School, Scorton, PR3 1BA

15:00 - 17:00

Lancashire Net Zero Carbon Conference
Net Zero Carbon Social 1200pxtrident 2
Networking
18 Jun 2025

Lancashire Net Zero Carbon Conference

Crow Wood Hotel & Spa Resort, Burnley, BB12 0RT

08:30 - 13:00

Lancashire Built Environment Conference 2025
BEC 315 X 315 Px
Networking
25 Sep 2025

Lancashire Built Environment Conference 2025

Blackpool Football Club, Blackpool, FY1 6HX

08:30 - 13:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

RISE - The Academy for Female Leaders and Managers
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
02 Apr 2025 - 08 Oct 2025

RISE - The Academy for Female Leaders and Managers

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:00 - 15:30

Amber River True Bearing quarterly investment seminar
LBV Hub Seminars
22 May 2025 - 22 May 2025

Amber River True Bearing quarterly investment seminar

Cottons Hotel & Spa , Knutsford, WA16 0SU

16:00 - 18:00

The Business Network Central & East Lancashire
LBV Hub Networking
22 May 2025 - 22 May 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Preston Freelancer Meet-Up: May
Freelancer Meet-Up May.png.png
LBV Hub Networking
22 May 2025 - 22 May 2025

Preston Freelancer Meet-Up: May

society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Liverpool Business Expo 2025
https---cdn.evbuc.com-images-881365363-4862066883-1-original.20241023-085714.jpeg.jpg
LBV Hub Awards
23 May 2025 - 23 May 2025

Liverpool Business Expo 2025

Aintree Racecourse , Liverpool , L9 5AS

09:00 - 15:00

Advantage: AI – A Workshop for Business Leaders – May 29
Artboard 15.png.png
LBV Hub Seminars
29 May 2025 - 29 May 2025

Advantage: AI – A Workshop for Business Leaders – May 29

Door4 Office, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV122 Online Graphic
Subscribe now

Weekly news bulletin