DBS Checks and Criminal Record Implications

If you are undergoing a Disclosure and Barring Service (DBS) check, your criminal record—whether spent or unspent—can have significant implications on your employment prospects, particularly in regulated sectors such as healthcare, education, or childcare. At Allen Hoole Solicitors, we provide expert advice and support regarding DBS checks and how previous or potential criminal charges could affect your record. We assist clients across the South West of England in navigating the complex DBS process, ensuring you understand your rights and options.

Here’s how we can help:

Spent and Unspent Convictions

When undergoing a DBS check, the relevance of spent or unspent convictions is crucial. Spent convictions are those that no longer need to be disclosed after a rehabilitation period, while unspent convictions must still be declared and can appear on DBS checks. Understanding which convictions are considered spent can be confusing, but it’s essential for ensuring accurate disclosure.

How we help: Our solicitors will provide advice on whether your convictions are considered spent or unspent under the Rehabilitation of Offenders Act 1974. We ensure you are fully informed about which convictions will be disclosed during your DBS check and how they might impact your employment.

Filtering

Filtering is a process where certain old or minor convictions and cautions are automatically removed from standard or enhanced DBS checks after a certain period. Not all convictions are eligible for filtering, and understanding what will be filtered can affect your future prospects.

How we help: We assist in determining whether your past convictions are eligible for filtering under current guidelines. This can help mitigate the impact of historical minor offences on your DBS check.

Basic Disclosure

A Basic Disclosure shows unspent convictions only. It’s often requested by employers for roles where the full criminal history is not needed, such as general employment positions that don’t involve vulnerable groups.

How we help: If you’re concerned about what might appear on your Basic Disclosure, our team can review your record and explain what unspent convictions will be visible to potential employers. We also offer guidance on how to manage disclosure during job applications.

Enhanced Disclosures

An Enhanced DBS Check is required for individuals working in regulated activity, such as teaching, healthcare, or social work. This level of check includes both spent and unspent convictions and may also include non-conviction information held by local police.

How we help: We can help you understand the scope of an Enhanced Disclosure, what might be included, and how to prepare for the process. We also advise on how to manage any adverse information that may appear.

Regulated Activity

Regulated activity refers to work that involves close contact with vulnerable individuals, such as children or adults requiring care. Those applying for such roles will undergo an enhanced DBS check.

How we help: Our solicitors provide advice on how a criminal record might impact your eligibility to work in regulated activities, as well as support in preparing your case to mitigate potential barriers.

DBS Update Service

The DBS Update Service allows individuals to keep their DBS certificate up-to-date and employers to check the status of a certificate at any time. This service is particularly useful for those who need frequent checks due to the nature of their work.

How we help: We assist clients in understanding the DBS Update Service, how to register for it, and how it might benefit their ongoing employment status.

Challenging a DBS Certificate

If you believe your DBS certificate contains incorrect or irrelevant information, you have the right to challenge the disclosure. This process can be complex, but it is essential for protecting your rights and ensuring your criminal record is accurately represented.

How we help: At Allen Hoole Solicitors, we help clients challenge inaccurate DBS certificates, providing legal support and representation throughout the process to ensure your record is fair and accurate.

For expert legal advice on DBS checks and how your criminal record could affect your future, please contact our offices in Bristol, Cheltenham and Keynsham or fill out our online enquiry form, and we will respond to you promptly. We are available 24/7 to assist with all aspects of criminal and regulatory offences, ensuring you receive comprehensive support throughout the DBS process.