Carrying out criminal records checks
A practice note on the legal framework governing criminal records checks for employers in England and Wales. This note examines the regime administered by the Disclosure and Barring Service (DBS), outlining the different types of certificates available, including basic, standard, and enhanced. It discusses the spent and unspent convictions regime under the Rehabilitation of Offenders Act 1974 (ROA 1974) and the stringent data protection requirements under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018). This resource also provides guidance on navigating the exceptions for certain occupations and professions, the specific considerations within the financial services industry under the Senior Managers and Certification Regime (SM&CR), and the practical application of the DBS online Update Service. This note explores the evolving legal landscape shaped by recent legislative reforms and court challenges, offering key insights for employers on compliant pre-employment vetting and the proper handling of sensitive disclosure information.
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