Criminal records—asking questions and DBS checks

Copyright © 2025 LexisNexis
Published by a LexisNexis Employment expert
Practice notes

Criminal records—asking questions and DBS checks

Copyright © 2025 LexisNexis

Published by a LexisNexis Employment expert

Practice notes
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This Practice Note considers the extent to which employers can ask questions of a prospective employee about criminal convictions and cautions, and carry out checks with the Disclosure and Barring Service (DBS).

Employers may wish to know whether a prospective employee has a criminal record, for example because:

  1. •

    it reflects on the employee’s character and suitability for the position, or

  2. •

    the information is required for regulatory purposes

Such information may be obtained by asking questions of the prospective employee or by carrying out checks with the DBS.

Key principles

Employers are not generally entitled to full disclosure of all previous convictions and cautions. The Rehabilitation of Offenders Act 1974 (ROA 1974) provides for convictions and cautions to become spent, and a convicted person to become 'rehabilitated', at the end of a rehabilitation period—see: Spent convictions and Effect of rehabilitation below.

However:

  1. •

    certain sentences are excluded from rehabilitation—see: Excluded sentences (never spent) below, and

  2. •

    exceptions apply in relation to certain professions, employments and occupations—see: Exceptions to the rehabilitation protections below

The same rehabilitation

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