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📋 Toolbox Talk  ·  Employment Rights

DBS Checks:
What You Need to Know

Basic, standard and enhanced checks — when they're lawful, what they reveal, spent convictions and your right to challenge errors.

✅ Verified August 2026📚 Rehabilitation of Offenders Act 1974 · Police Act 1997🇬🇧 Applies across England & Walesukworkrights.co.uk
Types of check

The three levels of DBS check

LevelWhat it shows
BasicUnspent convictions only — anyone can apply
StandardSpent and unspent convictions, cautions, reprimands, warnings
EnhancedStandard + any info held by police considered relevant
Enhanced + barred listsEnhanced + whether on children's or adults' barred list

⚠ Employers cannot choose freely

Standard and enhanced checks are only lawful for specific roles listed in law — e.g. working with children, vulnerable adults, certain regulated professions. An employer cannot request a standard or enhanced check for a general office role.

💡 Basic checks

Any employer can request a basic check — or you can apply yourself at £18 via gov.uk/request-copy-criminal-record.
Spent convictions

When convictions become spent

  • Under the Rehabilitation of Offenders Act 1974, most convictions become spent after a rehabilitation period
  • Once spent, you do not have to declare a conviction to a general employer
  • The rehabilitation period depends on the sentence, not the offence
  • Custodial sentences over 4 years never become spent
  • Cautions are spent immediately for adults
  • For excepted roles (working with children, healthcare, legal, financial) — spent convictions must still be disclosed
  • From 28 October 2023, rehabilitation periods were reduced significantly for many sentence types

✅ Key change 2023

Sentences of 4 years or less now become spent — many people previously excluded can now lawfully withhold these from non-excepted employers.
Your rights

What to do if your check contains an error

1
Check your certificate carefully

You receive a copy at the same time as your employer. Compare what's listed against your actual history — errors do occur.

2
Apply for a dispute through DBS

If information is wrong, contact the DBS disputes team: 03000 200 190. They will investigate and correct genuine errors.

3
Request a Chief Constable review

If enhanced information from a police force is disputed, you can request a review via the Independent Monitor at the Home Office.

4
If refused employment — take legal advice

Blanket policies that refuse anyone with any criminal record may be unlawfully discriminatory. Seek advice before accepting a rejection.

Common questions

Frequently asked questions

Can my employer withdraw a job offer because of my DBS check?
They can, but must consider the nature of the conviction, how long ago it was, your age at the time, and the relevance to the role. A blanket policy of rejecting anyone with any record may be unlawful — particularly if the conviction is old, minor or unrelated to the role.
Does my employer have to tell me what's on my check before making a decision?
Yes — good practice (and most HR policies) require discussing the certificate with you before making a decision. This gives you the chance to explain the context. If they don't, raise this in any appeal.
Do volunteers need DBS checks?
Enhanced checks for volunteers working with children or vulnerable adults are free. The eligibility rules are the same as for paid roles — the role must be one listed in the relevant legislation.
How long is a DBS certificate valid?
There is no set expiry date — but most employers treat certificates as valid for 3 years. The DBS Update Service (£13/year) allows employers to check whether a certificate is still current without a full new check.
Free rights guidance

Questions about
your DBS check?

Get personalised guidance on DBS disputes, spent convictions and your rights if an offer is withdrawn.

DBS Disputes
03000 200 190
gov.uk/dbs-check
Nacro — rehabilitation charity
Free helpline
nacro.org.uk
Citizens Advice
0800 144 8848
citizensadvice.org.uk
UK Work Rights — Free checker
DBS Checker
ukworkrights.co.uk/dbs.html

General rights guidance only — not legal advice · Verified August 2026 · © UK Work Rights Ltd · Company No. 17228507 · ICO Registration No. ZC239465 · Registered office: 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ  ·  hello@ukworkrights.co.uk
Directed and published by Matt Thompson, founder
Content is produced with AI assistance and checked against primary sources including GOV.UK, ACAS and legislation.gov.uk before publication.
Contains public sector information licensed under the Open Government Licence v3.0.