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

Eric Wright Facilities Management strengthens leadership team Ryan Pearce, Eric Wright Facilities Management Managing Director; Drew Hird Eric Wright Facilities Management, Technical Director; Roger Lancaster Eric Wright Facilities Management, Commercial Director

Eric Wright Facilities Management strengthens leadership team

13 Jan 2026

2

More than 100 jobs on offer at Pleasure Beach Resort Blackpool Pleasure Beach. Pic by Gregg Wolstenholme

More than 100 jobs on offer at Pleasure Beach Resort

13 Jan 2026

3

Leyland Town Deal works continue Aerial view of Leyland

Leyland Town Deal works continue

13 Jan 2026

4

Eric Wright Group secures £30m NatWest funding to drive regional development

Eric Wright Group secures £30m NatWest funding to drive regional development

12 Jan 2026

5

Wright and Lord Solicitors celebrates 25 years of trusted legal support in the community Wright and Lord Solicitors

Wright and Lord Solicitors celebrates 25 years of trusted legal support in the community

12 Jan 2026

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
January / February 2026 - LBV Issue 126 Magazine Launch Event
Porsche Preston1200x630
Networking
22 Jan 2026

January / February 2026 - LBV Issue 126 Magazine Launch Event

Porsche Preston, Preston, PR2 1QJ

08:30 - 10:30

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 - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

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

09:30 - 15:30

Preston Tech Connection: Tech For Better Humans
PTC January 26 banner.jpg.jpg
LBV Hub Networking
15 Jan 2026 - 15 Jan 2026

Preston Tech Connection: Tech For Better Humans

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Society1 Open Coworking Day
Open Day Square.png.png
LBV Hub Networking
15 Jan 2026 - 15 Jan 2026

Society1 Open Coworking Day

Society1, Coworking Space, Preston, PR1 3LT

09:00 - 17:00

The Business Network Central and East Lancashire
LBV Header (28).png.png
LBV Hub Networking
15 Jan 2026 - 15 Jan 2026

The Business Network Central and East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

Preston Freelancer Meet-Up: January
January Freelancer Meet-Up Square .png.png
LBV Hub Networking
20 Jan 2026 - 20 Jan 2026

Preston Freelancer Meet-Up: January

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Lancashire County Council – Meet the Buyer Drop in Event
Meet the Buyer event new
LBV Hub Networking
20 Jan 2026

Lancashire County Council – Meet the Buyer Drop in Event

County Hall, Pitt Street, Preston , PR1 8XJ

10:00 - 15:00

Employment Rights Act Update for Businesses: What Employers Need to Know for 2026
Employment Rights Act Update for Businesses.png.png
LBV Hub Webinar
27 Jan 2026 - 27 Jan 2026

Employment Rights Act Update for Businesses: What Employers Need to Know for 2026

Online via Zoom, Preston, PR5 6AW

09:30 - 10:30

The Marketing Meetup: Lancashire (January)
LBV Hub Networking
27 Jan 2026

The Marketing Meetup: Lancashire (January)

Six Connections, Slater Terrace, Burnley, BB11 4SA

18:00 - 20:00

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
05 Mar 2026 - 27 Dec 2025

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Payroll Update 2026 Samlesbury Hall
payroll.jpg.jpg
LBV Hub Seminars
06 Mar 2026 - 06 Mar 2026

Payroll Update 2026 Samlesbury Hall

Samlesbury Hall, Preston, PR5 0UP

08:00 - 10:00

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin