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Q624: How can I get a check of my criminal records for pre-employment vetting purposes?

Answer

The Disclosure and Barring Service (DBS) is a Central Body which exists to allow employers (including educational establishments) who are registered with them to obtain checks on employees/students. If the employer is not registered then you can apply to Disclosure Scotland for a Basic Disclosure, see below for more information.

There are three types of checks that the DBS can currently do.

Standard disclosure - this shows current convictions, cautions and youth cautions held on the Police National Computer (PNC). It costs £23 for standard disclosure.

Enhanced disclosure - for posts involving a far greater degree of contact with children or vulnerable adults. It is the highest level of check for those responsible, caring for, training or supervising children or vulnerable adults. It contains the same information as a standard disclosure check but also includes relevant and proportionate information held by local police forces. It costs £40 for enhanced disclosure. See the website in Related Information for more details.

Enhanced disclosure with barred list checks - this can only be requested by an employer for specific roles and it is a criminal offence to ask for a check for any other roles. It is like the enhanced check, but includes a check of the DBS barred lists, and takes about 4 weeks. It costs £40.

See Q89 for details of exceptions to some convictions and cautions being disclosed.

The DBS aims to process 90% of Standard checks in 10 days and 90% of Enhanced checks in 4 weeks.

The DBS also offer a service where you can check the progress of the checks online.

If you want the check for pre-employment vetting purposes and you are not required to declare spent convictions then you can apply for basic disclosure through Disclosure Scotland. Although based in Scotland it is the sister organisation to the DBS and does criminal records checks for individuals from England and Wales as well as Scotland. The Basic Disclosure check provides individuals with a list of only unspent convictions that they should declare if the employer has no exemption to the Rehabilitation of Offenders Act 1974, see website in Related Information.

If you want a check for emigration or visa purposes then please see Q542.

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Answer

There is a scheme for anyone requiring a visa (residential, working or tourist) or wishing to emigrate to one of the following Countries:

  • Australia
  • Belgium
  • Canada
  • Cayman Islands
  • New Zealand
  • South Africa
  • United States Of America

If this affects you, you will require a form called a Police Certificate which can be obtained from ACRO, please see link in the related information.

For other countries

The police can make checks of what is held on their systems about individuals, it is known as a subject access request and is not a criminal records check. The police will provide you with a certificate stating that there is either no information held about you on the police systems or it will detail any convictions.

To obtain a subject access request form, contact your local police force.

Subject access checks have to be completed within 1 month of the request being received. Although the police will consider every request, they are under no obligation to provide all of the data and there are exceptions to providing data e.g. if it is likely to jeopardise an investigation.

The name of the form and procedure may vary slightly from force to force. If you have further questions about submitting the application, contact the relevant police force.

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Whilst there is no mandatory requirement to apply for a standard or enhanced disclosure for a person playing Father Christmas, if the recruiter feels that they would prefer to carry out such checks then they will be eligible to apply.

If the Father Christmas is within a school then it is very likely that a check will be carried out by the local education authority.

Please see Q624 for more details on this kind of check.

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Answer

The Disclosure and Barring Service (DBS) is a Central Body which exists to allow employers (including educational establishments) who are registered with them to obtain checks on employees/students. If the employer is not registered then you can apply to Disclosure Scotland for a Basic Disclosure, see below for more information.

There are three types of checks that the DBS can currently do.

Standard disclosure - this shows current convictions, cautions and youth cautions held on the Police National Computer (PNC). It costs £23 for standard disclosure.

Enhanced disclosure - for posts involving a far greater degree of contact with children or vulnerable adults. It is the highest level of check for those responsible, caring for, training or supervising children or vulnerable adults. It contains the same information as a standard disclosure check but also includes relevant and proportionate information held by local police forces. It costs £40 for enhanced disclosure. See the website in Related Information for more details.

Enhanced disclosure with barred list checks - this can only be requested by an employer for specific roles and it is a criminal offence to ask for a check for any other roles. It is like the enhanced check, but includes a check of the DBS barred lists, and takes about 4 weeks. It costs £40.

See Q89 for details of exceptions to some convictions and cautions being disclosed.

The DBS aims to process 90% of Standard checks in 10 days and 90% of Enhanced checks in 4 weeks.

The DBS also offer a service where you can check the progress of the checks online.

If you want the check for pre-employment vetting purposes and you are not required to declare spent convictions then you can apply for basic disclosure through Disclosure Scotland. Although based in Scotland it is the sister organisation to the DBS and does criminal records checks for individuals from England and Wales as well as Scotland. The Basic Disclosure check provides individuals with a list of only unspent convictions that they should declare if the employer has no exemption to the Rehabilitation of Offenders Act 1974, see website in Related Information.

If you want a check for emigration or visa purposes then please see Q542.

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Answer

The USA have a visa waiver programme for any person holding passports from certain countries (United Kingdom passports are included) as long as that person has never been arrested and/or convicted.

If you have been arrested, you must declare it whether or not that arrest resulted in a conviction. The Rehabilitation of Offenders Act 1974 does not extend to the USA so you must declare all convictions regardless of whether they are classed as spent or not.

Most minor road traffic offences that were dealt with by way of fixed penalty (i.e. no arrest or court appearance) do not count and you will be eligible to travel under the visa waiver programme.

If you have been arrested/convicted, then you must apply for a visa from the US Embassy in London before you travel to the USA. Failure to have a visa means that you could be refused entry and returned home at your own expense. Have a look at the Visa Waiver Wizard (first link in Related Information) which only takes a minute to complete - it is just a guide for your own information, you do not have to enter personal details.

A conviction could mean that you are classed as permanently ineligible to travel to the USA, however, you may be able to apply for a waiver of permanent ineligibility from the Department of Homeland Security. This is not automatic and depends on several factors depending on the nature of the crime and when it was committed.

If you are unsure it is always better to check as you could be refused entry to the USA. In the current climate, it is highly likely that the USA authorities will be aware of your personal details before you travel to the USA.

Also, see the website in Related Information for more details.

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A Community Resolution is a method of restorative justice and is an alternative way of dealing with less serious crimes and incidents, allowing officers to use their professional judgement when dealing with offenders. It can be used for offences such as low-level public order, criminal damage, theft, and minor assaults, where the victim has agreed that they do not want the police to take formal action.

The use of Community Resolution will enable victims to have quick resolutions and closure to their crime, offenders will receive speedy justice and there will be reduced bureaucracy for police officers. Examples of a Community resolution could include a simple apology, an offer of compensation or a promise to clear up any graffiti or criminal damage.

Community Resolutions do not constitute a criminal record and are not currently recorded on the Police National Computer. They are however recorded locally on police information systems and can be accessed for intelligence purposes. A previous Community Resolution will be taken into consideration if further offences are committed.

Community Resolutions are not disclosed as part of a Disclosure and Barring Service (DBS) standard check. They might, however, be disclosed as part of an enhanced check for certain offences in the 'relevant information' section, i.e. the offence has a bearing on the kind of work you are applying for.

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Question

Q624: How can I get a check of my criminal records for pre-employment vetting purposes?

Answer

The Disclosure and Barring Service (DBS) is a Central Body which exists to allow employers (including educational establishments) who are registered with them to obtain checks on employees/students. If the employer is not registered then you can apply to Disclosure Scotland for a Basic Disclosure, see below for more information.

There are three types of checks that the DBS can currently do.

Standard disclosure - this shows current convictions, cautions and youth cautions held on the Police National Computer (PNC). It costs £23 for standard disclosure.

Enhanced disclosure - for posts involving a far greater degree of contact with children or vulnerable adults. It is the highest level of check for those responsible, caring for, training or supervising children or vulnerable adults. It contains the same information as a standard disclosure check but also includes relevant and proportionate information held by local police forces. It costs £40 for enhanced disclosure. See the website in Related Information for more details.

Enhanced disclosure with barred list checks - this can only be requested by an employer for specific roles and it is a criminal offence to ask for a check for any other roles. It is like the enhanced check, but includes a check of the DBS barred lists, and takes about 4 weeks. It costs £40.

See Q89 for details of exceptions to some convictions and cautions being disclosed.

The DBS aims to process 90% of Standard checks in 10 days and 90% of Enhanced checks in 4 weeks.

The DBS also offer a service where you can check the progress of the checks online.

If you want the check for pre-employment vetting purposes and you are not required to declare spent convictions then you can apply for basic disclosure through Disclosure Scotland. Although based in Scotland it is the sister organisation to the DBS and does criminal records checks for individuals from England and Wales as well as Scotland. The Basic Disclosure check provides individuals with a list of only unspent convictions that they should declare if the employer has no exemption to the Rehabilitation of Offenders Act 1974, see website in Related Information.

If you want a check for emigration or visa purposes then please see Q542.
 
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