Criminal Record Checks

STRICTLY CONFIDENTIAL
Criminal records checks and recruitment of ex-offenders
The post you have applied for is exempt from the Rehabilitation of Offenders Act 1974 and
you are therefore required to disclose any spent and unspent convictions with the
exception of protected cautions and convictions.
Furthermore, if you are the preferred candidate, any offer of appointment will be made
conditional on a satisfactory criminal records check from the Disclosure and Barring
Service (DBS).
Please complete and return this form to HR in the confidential envelope enclosed, or email
a signed pdf copy to [email protected] before your interview date.
Please refer to the guidance to help you complete the section below.
Disclosure

Have you ever been convicted of a criminal offence?
If so, please give details of any unspent convictions and any spent convictions
(including cautions, reprimands and final warnings) that have not been filtered under
the current filtering rules.
Print Name……………….
Signed……………………..
Date………………………..
Guidance
If you have a criminal conviction, caution or a reprimand or final warning, these will be
revealed by a DBS check, although old and minor convictions and cautions (known as
‘protected’ convictions and cautions) will not appear on a DBS certificate and do not need
to be disclosed by you on this form.
Unspent convictions
An unspent conviction is where the rehabilitation period is not complete. See table.
It needs to be disclosed on this form.
Spent convictions
Convictions with a sentence of 30 months or less will become spent after a certain period
of time. This period is known as a ‘rehabilitation period’. Its length depends on how severe
the penalty was. See table.
Some convictions will never be spent ie where the offence resulted in a custodial sentence
of more than 30 months (whether the sentence was served or not).
On this form you need to disclose both spent and unspent convictions with the exception
of ‘protected’ convictions and cautions.
Cautions
Cautions are given to adults aged 18 or over for minor crimes.
A caution is used as an alternative to a charge and possible prosecution where the person
has admitted an offence.
There is no rehabilitation period for a caution; it becomes ‘spent’ immediately.
‘Conditional cautions’ (where certain conditions are imposed as part of the caution) are
spent after three months.
A caution will show on a DBS check unless it has been filtered. If it is not filtered, you will
need to disclose it on this form.
Reprimands and final warnings
Reprimands and final warnings (for young offenders aged 10-17 years old) are issued by
the police as an alternative to putting a young person before the courts. Again, the person
has to have admitted the offence.
It will show on a DBS check unless it has been filtered. If it is not filtered, you will need to
disclose it on this form.
Rehabilitation periods
Sentence
Rehabilitation period
A sentence of imprisonment or youth custody for more than six
10 years1
months, but not more than 30 months.
A sentence of cashiering, discharge with ignominy or dismissal
10 years1
with disgrace from Her Majesty's service.
A sentence of imprisonment or youth custody for a term not
7 years1
exceeding six months.
A sentence of dismissal from Her Majesty's service.
7 years1
Any sentence of detention in respect of a conviction in service
5 years1
disciplinary proceedings.
A fine or any other sentence subject to rehabilitation under the
5 years1
Act, for example community service.
An order for detention in a detention centre
3 years
An absolute discharge
6 months
A conditional discharge
1 year
Probation
5 years1
1The rehabilitation periods are cut in half where the person was under 18 years of age at
the time of his or her conviction.
Filtering rules for criminal record check certificates
For those 18 or over at the time of the offence:
An adult conviction will be removed from a DBS certificate if:



11 years have elapsed since the date of conviction; and
it is the person’s only offence, and
it did not result in a custodial sentence
Even then, it will only be removed if it does not appear on the list of offences which will
never be removed from a certificate, for example, offences of a sexual of violent nature. If
a person has more than one offence, then details of all their convictions will always be
included.
An adult caution will be removed after 6 years have elapsed since the date of the caution –
and if it does not appear on the list of offences relevant to safeguarding.
For those under 18 at the time of the offence:
The same rules apply as for adult convictions, except that the elapsed time period is 5.5
years
The same rules apply as for adult cautions, except that the elapsed time period is 2 years.
The DBS maintains a list of offences that will never be filtered. The flowchart below can be
used as a reference tool to help you identify if you need to disclose the conviction or
caution.
Filtering rules – flowchart
‘Unspent’ convictions/
cautions need to be disclosed
and will show up on a DBS
check.
NO
Is your conviction/caution
‘spent’?
YES
Was the offence committed of
a violent/sexual nature or on
the list of offences that will
never be filtered?
NO
Conviction
YES
Is this your only conviction?
It needs to be disclosed and
will show up on a DBS check.
NO
All convictions need to be
disclosed and will show up on
a DBS check.
YES
It needs to be disclosed and
will show up on a DBS check.
YES
Caution
Did you receive a custodial
sentence?
NO
At the time you were given
the caution, were you 18
years old or over?
YES
Did you receive the caution
within the last 6 years?
NO
Did you receive the caution
within the last 2 years?
YES
It needs to be disclosed and
will show up on a DBS check.
At the time of conviction,
were you 18 years old or
over?
NO
YES
Were you convicted within the Were you convicted within the
last 11 years?
last 5 years and 6 months?
NO
It does not need to be
disclosed and will not show
up on a DBS check.