Legal
DBS & Criminal Record Data
Criminal record information is among the most sensitive data we handle. This page sets out how we request it, who sees it, how long we keep it and how we dispose of it.
It summarises our policy on the secure handling, use, storage, retention and disposal of DBS certificate information.
Policy detail
When we request a check
The level of check is set by the role and the setting, not by preference. We request only the level the role is lawfully eligible for.
| Level | Typically applies to | Includes |
|---|---|---|
| Basic | Roles not eligible for a higher level | Unspent convictions and conditional cautions |
| Standard | Certain specified roles | Spent and unspent convictions, cautions, reprimands and warnings, subject to filtering |
| Enhanced | Roles involving regulated activity or specified work with adults or children | As Standard, plus any information a chief police officer reasonably considers relevant |
| Enhanced with barred list check | Roles in regulated activity with adults, children, or both | As Enhanced, plus a check of the relevant barred list(s) |
Eligibility is determined by law. We do not request a higher level than a role permits, and we do not ask about filtered convictions or cautions that you are not required to disclose.
Handling certificate information
- Certificate information is only seen by people who need it as part of their duties
- It is kept securely, with access controlled and recorded
- It is never passed to anyone without a lawful basis and a genuine need
- We do not keep a photocopy or image of a certificate beyond what is necessary, and normally no longer than six months
- After that we keep only a record of the fact a check was made, the level, the date, the certificate number and the recruitment decision
Exceptionally, we may keep certificate information for longer — for example where it is relevant to a dispute or a safeguarding matter. We record the reason and review it regularly.
The DBS Update Service
Where you subscribe to the DBS Update Service and your certificate is at the right level and workforce type, we may carry out a status check instead of requesting a new certificate. We need your consent and sight of the original certificate to do so.
Recruiting people with a criminal record
A disclosure does not automatically prevent you working through us. We consider each case on its facts.
Where information is disclosed, we discuss it with you before a decision is made, and take into account:
- The nature, seriousness and relevance of the offence to the role and setting
- How long ago it occurred and your age at the time
- Whether there is a pattern of offending
- Any change in your circumstances since
- The circumstances surrounding the offence and any explanation you offer
- Any barring decision, which we are legally required to observe
We comply with the DBS Code of Practice and undertake to treat applicants fairly and not to discriminate unfairly against anyone on the basis of a conviction or other information revealed.
Lawful basis
Criminal offence data is processed under Article 10 of UK GDPR and Schedule 1 of the Data Protection Act 2018 — principally the employment and safeguarding conditions — supported by an appropriate policy document as Schedule 1 requires.
Your rights
You can ask what criminal record information we hold about you and ask us to correct it if it is wrong. Disputes about the content of a certificate itself are handled by the DBS — we can point you to their disputes process.
Questions about a check?
Speak to our compliance team before you apply if you would like to discuss anything that may appear on a certificate.
Prefer to talk? Call 020 8075 5966
