DBS Filtering of Convictions and Cautions

On the 29 May 2013 new legislation came into force that allows for certain old and minor cautions and convictions to no longer be subject to disclosure under the Exceptions Order.

Filtering is the term that the DBS uses to describe the process which will identify and remove convictions and cautions which should no longer be disclosed on DBS certificates due to changes to legislation.
Disclosure and Barring Service

Applicants for Programmes of Study that involve Regulated Activity and need to complete a DBS check are also required to complete a Good Conduct Declaration Form, which should be returned at the Signing Session.

Under the filtering rules applicants will no longer need to declare certain convictions or cautions irrespective of whether the applicant is intending to engage in Regulated Activity.  Therefore, the University will not be able to take certain old and minor cautions and convictions into account when making decisions about any individual.

However, all cautions and convictions for specified serious violent and sexual offences and other specified offences of relevance for posts concerned with safeguarding children and vulnerable adults will remain subject to disclosure. In addition, all convictions resulting in a custodial sentence will remain subject to disclosure.

I have a Conviction do I have to declare it and will it be filtered?

The DBS filtering rules state:

If you were 18 or over at the time of the offence:

The adult conviction will be removed from a DBS certificate if:

  • 11 years have elapsed since the date of conviction; and
  • it is your 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 and MUST always be declared.  

If you have more than one offence, resulting in a conviction, then you must declare all of these convictions as the details of all your convictions will always be included.

If you were 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

I have more than one conviction do I have to declare these and will these be filtered?

The DBS filtering rules state that:

A conviction will only be filtered if it is your only offence.  You will need to declare all convictions if you have more than one.

I have a Caution will this be filtered?

The DBS filtering rules state:

If you were 18 or over at the time of the offence:

The adult caution will be removed from a DBS certificate if 6 years have elapsed since the date of the caution.  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 and MUST always be declared.  

If you have more than one caution, then you must declare all cautions for which 6 years have not elapsed. You must always declare any cautions resulting from a convictions which appear on the list of offences which will never be removed from a certificate and MUST always be declared.

If you were under 18 at the time of the offence:

The same rules apply as for adult cautions, except that the elapsed time period is 2 years.

I have more than one caution do I have to declare these and will these be filtered?

A caution will only be filtered once 6 (2) years have elapsed since the date of the caution and it does not appear on the list of offences which will never be removed from a certificate and MUST always be declared.  You will need to declare all cautions for which 6 (2) years have not elapsed.

I committed an offence over 6 years ago which resulted in a custodial sentence. Do I have to declare this conviction and will it be filtered?

The DBS filtering rules state that a conviction will only be filtered if it is not on the list of offences which will never be removed from a certificate and MUST always be declared and did not result in a custodial sentence.  You will need to declare all convictions that result in a custodial sentence.

Which offences will never be filtered?

There are over 1000 offences that will never be filtered.  A full list of these offences can be found at the following website:

https://www.gov.uk/government/publications/dbs-list-of-offences-that-will-never-be-filtered-from-a-criminal-record-check

Where can I get further Information?

Further information may be obtained from the DBS Filtering Guidelines or by contacting the University.

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*Nb:- The above website is incompatible with the Google Chrome web browser.