Question about DBS check - anyone got any proper knowledge about this

[DistressedDamson]

When I say proper knowledge I mean not just random guesses-it would be helpful to have any replies from people who actually know but thank you in advance to anyone reading/replying🙂
This is the background:

• I have a few criminal convictions, not proud of this at all but being ashamed isn’t going to change anything, as they say, it is what it is.
• these convictions were all relatively ‘minor’ and from when I had a serious issue with drugs, which I have long moved on from - I’ve been clean for well over ten years and not been in trouble with the police since 2011.
• all my offences are spent under the Rehabilitation of Offenders Act however my current job and previous roles have all required me to provide an enhanced DBS - no problem at all, I’ve always been open and honest about my past, including criminal record and it’s never prevented me getting a job.
• the last time I went through the whole process was to get into my current role. This was in the second half of 2022. My DBS application took MONTHS-over 4 months all in and, when it finally came back, there was nothing on it at all - all clear, no convictions listed whatsoever.
• previously, all my DBS certificates have shown all my convictions - the last certificate I had before this one was in about 2020 and it showed all my convictions/ cautions, etc.

So, my query for you lovely people is this - is it normal for convictions to not show after a certain amount of time?
My understanding was criminal convictions never disappear, only that they become ‘spent’ for the purposes of job applications without the requirement for an enhanced DBS. However, where enhanced disclosure is requested all cautions/convictions, etc will still appear and will do so forever.

What is everyone’s take on this?
As l said, I have been completely open with all employers past and current so it was a bit of a surprise when my DBS came back ‘clean’.

Just curious about this really and also am in the process of applying for new jobs-I will continue to disclose my past convictions as I think honesty is always the best policy and I have nothing to hide but it’s given me pause!

thank you everyone 👍

This link explains all the changes since 2020 https://unlock.org.uk/advice/filtering-cautions-convictions/

Thank you! Thats really helpful and I didn’t know about any of these changes so that’s really helpful to know.
I wonder if it’s still worth my disclosing convictions? Like I said, I’d rather be honest that an employer finding out somehow and how that would look if I hadn’t said anything 🤷‍♀️

@DistressedDamson i think it’s probably going to be quite industry specific…if say you were working in drugs rehab/ social work/ homelessness support , it would be life experience that an employer may be more than understanding of…if you were working for an investment bank then maybe there’d be a different thought process going on!? You have obviously handled it well in the past so I suppose it’s whether it would prejudice against you in the job market/ roles you are seeking ( which is ultimately why they have changed the rules )?

I have some knowledge on this from a different perspective to you.

What does your employment contact state? Are you required to declare any spent or unspent critical convictions.

Same with your employers policy on this - read it carefully and understand what your obligations are as an employee. If you don't follow the correct procedure, your employer may be able to bring a disciplinary case against you, regardless of whether your conviction would affect your role or not.

Certain roles and industries are required to have a DBS / criminal record check. It is highly regulated and there must be a legal need for a check. Your employer can't just pick and choose what checks they do.

your employer must have a policy which demonstrates how they support the rehabilitation of offenders. They must also have a clear policy on what a conviction means for each role.

You sound like you've handled this well so far. It's worth being open and transparent as long as you act within your employment contract terms. Your employer must do that too!

I'm a DBS ID checker and countersig. As said above the filtering came in a few years ago and depending on the role you do/applying for and level of check will determine if they're printed on the certificate. Employers no longer receive a copy of the certificate, it only goes to yourself. If the DBS is applied for online rather than a paper application, they will get notified if there's anything on it or not, but it won't say what it is. You have to take your certificate to the employer for them to view the certificate. It depends on the job you've applied for on whether you need to disclose your convictions and even then it may only be unspent ones.

thanks for your response.
yeah my line of work is the kinds of things you have mentioned - my lived experience has been an asset in many ways.
I wouldn’t try and hide anything from my past however I believe none of my convictions would be considered ‘high risk’ in terms of working with vulnerable people anyway (and most of my roles have involved working with vulnerable adults and none of those convictions, when they were being printed on a dbs certificate, prevented me from getting those jobs).
the majority of my convictions (which I think are maybe eight in total) were for things like begging and shoplifting, also a couple convictions for breaching drug rehab orders. The worst one I have was burglary (non-dwelling - I broke into a shop which was shut overnight) and for that I got a nine month DRR. I’ve never been sent to jail, (although I think that was coming had I not sorted my shit out once and for all!).
ALL my convictions were during the time I was using drugs/homeless etc (which I can prove). I’m literally a model citizen these days. Now I’m not using drugs I wouldn’t dream of committing any crime at all.
But, as i said, I have nothing to hide so I think I’ll keep being honest. 🙂

thanks again to everyone for your responses

eta: clarity and thanks 🙂

Thank you for your response. In fact I’ve just realised this new role I’m applying for says any only any non spent convictions need to be disclosed- it’s a role not exempt from the ROA which is good to know!
but the other info you and other Pp have provided has been really helpful, thank you ☺️

@DistressedDamson it does seem that your approach will work well , as I’m sure any past and future employers will recognise the hard work you have put in to overcome your past and the fact you will have a degree of understanding that other colleagues may not , if you work with particular client groups . Best of luck!