Will a Sexual Offence Charge Show on My DBS Check?
For those who have been charged with crimes such as a sexual offence, does this appear on DBS checks? Even if there is no official conviction?
Today, we will share information regarding the question ‘Will a sexual offence charge show on my DBS check?’
JD Solicitors are a fully (SRA) regulated law firm with a team of highly qualified and specialist solicitors. Our solicitors recognise that being investigated or charged with a serious criminal offence is a daunting prospect.
Our specialist advice and reassurance, from the first phone call through to the conclusion of the case, is the bare minimum of what we offer when it comes to our clients.
What exactly does a DBS check show?
A DBS check (known as a disclosure and barring service) is a check on an individual’s criminal history. It focuses on convictions (With some exemptions). There are a few levels of DBS checks that can be undertaken.
DBS checks are usually required for job roles, and is only a legal requirement when working with vulnerable adults, or children. Not every job role will require a DBS check. Below are the levels of DBS checks that can be conducted:
Basic DBS Check:
This check only shows unspent convictions and conditional cautions.
Standard DBS Check:
This check includes unspent convictions and cautions, as well as spent convictions and cautions that are not subject to filtering rules.
Enhanced DBS Check:
This check includes the same information as a Standard DBS check. It can also include “relevant police information” held by local police forces. This is sometimes referred to as “non-conviction information” or “police intelligence.” If deemed relevant to the job in question, it can be disclosed.
This is where information about arrests, even if they did not result in a charge or conviction, might be disclosed.
When deciding whether to disclose non-conviction information, the police should consider:
- Whether the information is relevant to the job.
- The seriousness of the information.
- How recent the information is.
- The individual’s age at the time of the incident.
- The reliability of the source of the information.
- Any potential impact on the individual if the information is disclosed.
- Whether the individual has been given an opportunity to comment on the information.
Enhanced DBS with Barred Lists Check:
This includes all the information of an Enhanced DBS check, plus checks against the DBS Barred Lists (Children and/or Adults). The rules regarding non-conviction information, including arrests and accusations, remain the same as for a standard Enhanced DBS check.
Will a sexual offence charge show on my DBS check?
A sexual offence charge may show on a DBS check, but is subject to the type of DBS check being conducted. Bear in mind, a charge/arrest, is not the same as a conviction, it is not an implication or proof of guilt.
Whether someone has been accused publicly or not, there is no evidence or guilt unless the accused has been proven to be guilty in a court of law.
With this in mind, a basic and standard DBS check will not show a sexual offence charge, even if you have not been to court for it yet.
However, with an enhanced DBS check, information about the arrest may be disclosed if it deemed relevant by the authorities. Jobs working with vulnerable adults, and children (Schools, social work, carer etc) will likely ensure an enhanced DBS check is conducted.
Can I still get the job if my enhanced DBS check shows a charge for a sexual offence?
There is no guarantee of the job being offered, as it also relates to the needs, comfortability, and options available from the employer. However, the best way to set yourself in the best stead is by seeing an experienced solicitor.
With proper guidance and defence from a solicitor, if the charge does not result in a conviction, there is a chance you can still get the job.
Is there any job that doesn’t need a DBS check?
As mentioned before, a DBS check isn’t a legal requirement for every job. Any job working with children and vulnerable adults will require a DBS check. However, a DBS check is conducted at the discretion of the employer.
For example, a warehouse may want to conduct a DBS check to ensure a potential employee does not have a history of theft etc. In most cases, employers will disclose whether a DBS check is required before application.
Do convictions stay on a DBS check forever?
Not exactly, a conviction, or even charges don’t always stay on a DBS check indefinitely. Older or minor convictions can be ‘filtered’ from standard and basic DBS checks, but will still have a chance to appear on advanced checks, unless it is relevant to the job itself.
Here is what can contribute to filtering on DBS checks:
- A certain period has passed since the conviction (11 years for adults, 5.5 years for under-18s).
- The conviction did not result in a prison sentence (including suspended sentences).
- The offence is not on the list of serious violent or sexual offences or those relevant to safeguarding.
- Adult cautions can be filtered after 6 years (if not for a specified offence). Youth cautions are generally not disclosed.
Is it legal for an employer to turn me down because of my DBS?
Yes, it is entirely legal for an employer to refuse to employ you due to the result of a DBS check, depending on the circumstances. Below are some reasons why your DBS may result in your job application being turned down.
As mentioned, a charge is not a conviction, it is an accusation that is unproven. However, if there are multiple charges that are pending, it could cause an employer not to take the risk, in case the charge becomes a conviction.
Similarly, if the chargers are relevant to the job itself, the employer may feel that waiting for an official response (NFA, or not guilty in court) first may be better than offering the job immediately before a charge is finalised.
Although legal, the DBS Code of Practice encourages employers to treat applicants with criminal records fairly and to consider each case individually. Dismissing someone solely based on a charge without understanding the context could be seen as unfair. Though if it is a conviction related to the job, it can be seen as fair grounds.
While the rehabilitation of offenders act primarily deals with spent convictions, the underlying principle of giving people a chance to rehabilitate can influence an employer’s decision regarding a non-conviction.
Solicitors for sexual offence defence
If you are facing criminal charges, JD Solicitors Can Help. JD Solicitors is a respected criminal defence firm known for our successful track record. Our team of experienced solicitors has extensive experience defending clients against a wide range of criminal accusations.
We represent clients throughout England and Wales, and we’re committed to achieving the best possible outcome for your case.
We understand the urgency of seeking legal advice in criminal matters. That’s why we offer a 24-hour call-out service for those detained in police custody. This ensures we can address your needs immediately.
In this blog, we hope to have provided helpful information regarding the question ‘Will a sexual offence charge show on my DBS check?’
For immediate advice, call us at 01902 943726.
