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

Velocity seals Airbus extension worth up to $54m Velocity Composites Has Announced Its Entry Into The Us Market

Velocity seals Airbus extension worth up to $54m

08 Oct 2025

2

First speakers confirmed for Lancashire Business Day Dave Walker with Richard Slater at Lancashire Business Day

First speakers confirmed for Lancashire Business Day

08 Oct 2025

3

Hemmings steps down as PNE chairman as hunt begins for new investors Craig Hemmings

Hemmings steps down as PNE chairman as hunt begins for new investors

08 Oct 2025

4

Chamber calls for three council county Lancashire County Council County Hall

Chamber calls for three council county

08 Oct 2025

5

Victorian Plumbing reports strong financial performance Victorian Plumbing Leyland

Victorian Plumbing reports strong financial performance

07 Oct 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
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

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

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

Empowering Franchise Growth in the North West
Empowering Franchise Growth in the North West event
LBV Hub Seminars
09 Oct 2025 - 09 Oct 2025

Empowering Franchise Growth in the North West

Forbes Solicitors, Sceptre Way, Walton Summit Centre, PR5 6AW, PR6 6AW

08:00 - 10:00

Empowering franchise growth in the North West
TFA Event - Empowering Franchise Growth.jpg.jpg
LBV Hub Seminars
09 Oct 2025 - 09 Oct 2025

Empowering franchise growth in the North West

Forbes Solicitors Sceptre Way Walton Summit Centre , Preston, PR5 6AW

08:00 - 10:00

Advantage: AI – A Workshop for Business Leaders – Oct 10th
Ai 10.10.png.png
LBV Hub Seminars
10 Oct 2025 - 10 Oct 2025

Advantage: AI – A Workshop for Business Leaders – Oct 10th

Door4 Office, Burnley Wharf, Burnley, BB11 1JG

09:00 - 12:00

Unlocking major project opportunities in the North West
Lancs-cham-logo.jpg.jpg
LBV Hub Seminars
15 Oct 2025 - 15 Oct 2025

Unlocking major project opportunities in the North West

Strathmore Hotel, Morecambe, LA4 5AP

08:00 - 10:00

The New Employee Rights Landscape: Day One Compliance Essentials
EventBrite NORi - 15th Oct 2025 Webinar.png.png
LBV Hub Webinar
15 Oct 2025 - 15 Oct 2025

The New Employee Rights Landscape: Day One Compliance Essentials

Microsoft Teams, Microsoft Teams, PR253XH

13:30 - 15:00

The Autumn Re set - pour me a wine
LBV Advert_Autumn Reset 1200 x 630px.png.png
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

The Autumn Re set - pour me a wine

The Artistry House , Preston , PR1 3JJ

17:30 - 19:30

The Business Network Central & East Lancashire
LBV Header (26).png.png
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

The Business Network Central & East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

October Freelancer Meet-Up
LBV Hub Networking
16 Oct 2025 - 16 Oct 2025

October Freelancer Meet-Up

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

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