DBS Checks and Family Convictions

DBS checks are a criminal record background check used in England and Wales when applying for certain categories of job. Not every employer will ask you to get a DBS check, and the level of check will depend on the sort of work you will be doing. The basics of the DBS system are well understood, but when it comes to the detail, many of us have less understanding. One of the main concerns is not about candidates’ own criminal record, but about those of family members or housemates. Can crimes or convictions received by your brother or flatmate affect your own DBS check?

DBS Checks are Individual

DBS checks, and the similar checks run by the authorities in Northern Ireland or Scotland are designed to reveal the criminal record history of the applicant only. In nearly all cases, they do not disclose any information about family members or other associates on the applicant’s DBS certificate. There are certain situations in which this sort of information might be considered relevant though, so it’s important to know about the three levels of DBS check, and the detail which could be disclosed on each.

• Basic DBS Checks – a basic DBS certificate will reveal only unspent convictions. These checks are accessible to anyone, regardless of their role. Criminal records of other family members or close friends are never disclosed on a basic DBS check certificate.
• Standard DBS Checks – standard DBS certificates will disclose the applicant’s convictions, cautions, reprimands, and warnings, whether spent or unspent, if considered relevant by the Police. Again, other people’s criminal records will never be disclosed on a standard DBS check.
• Enhanced DBS Disclosure – this most detailed level of checking is usually carried out for roles involving contact with children or vulnerable adults. These checks can disclose all spent and unspent convictions, and additionally, local police forces can disclose any relevant information they hold about the applicant. This could include allegations, incidents not resulting in a criminal record, and third-party information, including that of family members, if it is relevant to the job role.

Situations Where Family Records May Be Relevant

For example, if someone is applying for a position working in a nursery or a sports coach, the local police will probably not disclose a family member’s criminal record for theft. However, they might take a different approach if the applicant’s partner is on the Children’s Barred List, a register of people who have been legally banned from working with children. Decisions are made on a case-by-case basis; there is no hard and fast rule, and Police will always look at individual circumstances.

Can Employers Refuse to Hire Based on Local Police Information?

Employers can consider any additional police information about associates or family members disclosed on a DBS certificate when making employment decisions. In roles involving vulnerable people, safeguarding is paramount. It is worth remembering though that enhanced disclosures only apply in a small number of roles so having family members with criminal records will not stop you from getting other types of employment.