DBS Checks and Arrests

DBS checks, which were previously known as CRB or Criminal Records Bureau checks, are one of the most important tools looking at whether someone is suitable for roles involving children or vulnerable adults such as those with disabilities. There’s often confusion surrounding what information is revealed regarding arrests when applying for DBS checks, and there is a lot of misinformation out there. If you are in the position of needing to apply for any level of DBS check in connection with a new job, then here is our ultimate guide to the impact that an arrest might have on your DBS application.

DBS Checks and Criminal History

DBS checks are mainly concerned with someone’s criminal history, with a focus on convictions rather than arrests. A conviction is a legal term meaning that someone has been found guilty of a criminal offence by a court, or that they have admitted their guilt before the matter goes to trial. Being arrested for something, or even accused of something and then being found innocent in court is not classed as a conviction.

It’s very important to differentiate between arrests and convictions and understand exactly what has happened in any dealings you have had with the police. An arrest indicates being taken into custody by law enforcement but doesn’t imply guilt. Conversely, a conviction means being found guilty by a court.

How Arrests Affect DBS Checks

Usually, an arrest on its own will not show up on a DBS check since arrest is not the same as an admission of guilt or a conviction. However, there are exceptions to this which are:

• Pending Charges: If you have been arrested and charged with an offence, it can take several months or even longer for the matter to be decided in court. Depending on the potential offence, and the job being applied for, the police may choose to disclose these pending matters to any employer.
• Relevant Police Information: In enhanced disclosure checks, additional information related to arrests might be disclosed if the police deem it relevant. The police may feel that a patten of repeated arrests which don’t result in conviction or even charges is still something which an employer should know about.
• DBS Discretion: The Disclosure and Barring Service (DBS) has the right to disclose certain non-conviction information if it’s deemed relevant, proportionate, and in the public interest, ensuring the safety of vulnerable individuals.

Implications for Employers and Applicants

Employers need to understand that DBS checks primarily look at convictions, and an arrest alone shouldn’t be the sole basis for employment decisions as it doesn’t imply either guilt or innocence. Applicants should know the limitations of DBS checks and realise that an arrest without charge or conviction is unlikely to appear on a DBS check. Thousands of people are arrested every year for all manner of reasons, and later released. Don’t let being arrested at some point in the past put you off applying for positions which might require even the most detailed level of criminal records checking.