When completing the subject access request form, you can request a copy of your Police National Computer record, which will provide details of all convictions, cautions, final warnings and reprimands held on their criminal record. This is the information that will definitely be disclosed on standard or enhanced Disclosure and Barring Service DBS checks, unless it is protected i.
If you would also like details of your local records, which may be disclosed on enhanced DBS checks at the discretion of the relevant chief constable, you can apply for their full nominal record from the police force that holds the information. Due to strict data protection laws in the UK, an employer cannot access details of your criminal record without your consent. However, many employers admit to searching for information about applicants or employees online, using Google or other search engines.
If there are details of your offence s , or alleged offence s available online, an employer may find out in this way.
Do DBS checks show cautions?
It is a good idea to Google your name to see what comes up before applying for jobs; that way you can at least be prepared to answer questions an employer may have. There are formal channels that employers must use if they wish to access information on your criminal record. Some jobs require a specific type of vetting that includes checks on criminal record information, but outside of these procedures an employer cannot request your criminal record information. All employers are entitled to ask you to apply for some type of criminal record check, but the type of check they are entitled to request will depend on the job for which you are applying.
All employers are entitled to ask, and know, about any unspent convictions you may have. All employers are therefore entitled to request a basic check, which will provide details of unspent convictions. If you apply for a job which is exempt from the Rehabilitation of Offenders Act , the employer is entitled to ask you to apply for a standard or enhanced DBS check. If you apply for a job that requires security clearance, the employer is entitled to ask you to complete the security clearance questionnaire which will include questions about your criminal record.
If you apply for a job that requires security clearance and you are not sure what you need to declare, please contact the Resettlement Advice Service on or helpline nacro. It is unlawful for an employer to request a DBS certificate standard or enhanced for a role that is not eligible. You can find details of standard or enhanced-DBS-eligible posts here ; you can also contact our helpline for advice on specific roles by calling or emailing helpline nacro. If you believe that an employer is requesting a DBS check unlawfully, you can complete the DBS application form and make a note of the application form number.
When it is received, they will contact the Registered Body that has submitted the application on behalf of your employer and will query the eligibility with them.
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They will not notify the Registered Body or your employer that you have contacted them. If the DBS are not satisfied that the check is eligible, they will simply not process the application and will advise the Registered Body that they can do a Basic Check as an alternative if they wish. If the DBS are satisfied that the check is eligible, they will notify you and the application will continue as usual. If you know that information will be disclosed on your DBS certificate and you would like to proceed with the role you have applied for, it would be a good idea to think about preparing your disclosure.
Please refer to our disclosure guide , or contact us for further advice and support about preparing your disclosure. This information is not automatically included on enhanced DBS certificates. In May , the government introduced a filtering system that allows certain minor cautions and convictions to be removed or filtered from standard and enhanced DBS certificates.
A protected caution or conviction is eligible for filtering and does not need to be disclosed for jobs that are subject to standard or enhanced DBS checks. Motoring offences are criminal offences and they may form part of your criminal record, depending on whether the offence is recordable and on the disposal you received. If you were convicted of a motoring offence i.
If you received a fixed penalty notice FPN for a minor motoring offence and you paid it on time, it will not form part of your criminal record and will not need to be disclosed when applying for a DBS certificate. If you opted to attend a driver awareness course in place of accepting an FPN, again this will not form part of your criminal record and will not need to be disclosed when applying for a DBS certificate. Will this show up on my DBS certificate? If you pay an FPN or PND within the specified time-limit, all liability for the offence is discharged and the offence does not form part of your criminal record.
Deletion of records from national police systems
I am a UK national and I have been convicted of an offence in another country. Will this be disclosed on my criminal record certificate? The UK has bilateral agreements for the exchange of criminal record information with a large number of countries outside of the EU. If you have previously received a youth caution, you will be referred to a YOT who will carry out an assessment and consider putting in place an intervention programme designed to prevent reoffending. The youth conditional caution may be issued in a police station, court building, YOT premises, the offices of any prosecutor, or any other suitable location consistent with achieving the appropriate impact on you.
The police must seek authorisation from the CPS to issue a youth conditional caution.
Reprimands and final warnings
The Crown Prosecutor will also seek advice from the local YOT as to the appropriate conditions to attach to the caution. If you have accepted a caution, you have admitted guilt or liability for the offence for which the caution was issued.
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There is no formal right to appeal against the issuing of a caution, but if you feel that the police did not follow the specified procedures or if you were unfit to accept the caution at the time, you may be able to challenge the caution. This will usually need to be done within a reasonable time frame of the caution being issued. Police Chief Officers cannot overrule conviction decisions made by the courts. The only way to get your conviction removed from police records is to appeal against the conviction through the courts.
You will need to seek legal advice if this is something you wish to pursue. I was told my conviction would be removed after five years. Why is it still on my record? Since , the police retain details of all recordable offences until you reach years of age. Your conviction will always show on your police records but the conviction may not show on your criminal record check that is used for employment vetting purposes.
This will depend on:. If you are in any doubt, please contact us for further advice on or helpline nacro.
Aim of this information
If the police investigation has concluded, you can apply to get details of your arrest s or allegations removed from the PNC if:. There is no automatic right to have this information removed. Applications are considered by a Chief Police Officer on a case-by-case basis. The grounds on which you can make your application include:. You can find further information about these grounds in Annex A of this document.
If you feel you have sufficient grounds to make an application, you will need to do the following:. If the application is not eligible, they will advise you accordingly. If the application is eligible, they will forward it to the relevant police force for consideration. The police aim to deal with applications within 40 days. If a child or young person is to be given a final warning, the police will bail them and they will be seen by the youth offending team.
Reprimands and final warnings can only be given to children and young people who have admitted that they have broken the law. If the child or young person is alleged to have committed an offence, but does not admit to it, they cannot be given a reprimand or a final warning. In these cases, the child or young person will be sent to court and prosecuted. In cases where a young person or a child has received a final warning, they will go to court if they are arrested for a further offence within two years of the one for which they were given the final warning.
Prosecution means the case will be heard in the youth court.