GovWire

Alignment

Updates to the Filtering rules, via the draft Police Act 1997 (Criminal Record Certificates: Relevant Matter) (Amendment) (England and Wales) Order 2023, will mean that unspent convictions and cautions will appear on checks even if they have previously been filtered off.

This means that in some limited circumstances, a Standard or Enhanced check may now show more information than before.

Where additional information does appear on a DBS check, the employer should consider the information when making a suitability decision. The employer can discuss the circumstances of the unspent conviction with the employee, consider any background information provided on the check, and take past performance into consideration.