What are the DBS Filtering Rules for criminal check certificates?

June 24th, 2013 by Jonathan Bazely

On the 29th May 2013 legislation came into force that removed certain old and minor conviction information, from the Exceptions Order of the Rehabilitation of Offenders Act. In practical terms this means that not all conviction information will be displayed on a Standard or Enhanced DBS Disclosure. These rules are described as the DBS Filtering Rules.

Those 18 years old or over at the time of offence

Convictions will be removed if:

  • 11 years have passed since the date of the conviction; AND
  • it is the individual’s only offence, AND
  • it did not result in a custodial sentence

Cautions will be removed after 6 years

Those under the age of 18 at the time of offence

Convictions will be removed if:

  • Same rules apply as above however the elapsed time is reduced to 5.5 years

Cautions will be removed

  • Same rules apply as above however the elapsed time is reduced to 2 years.

Information never Filtered from a Certificate

The DBS Filtering Rules stipulated that the following information MUST be included on the following, and so will never by Filtered from a Certificate:

  • Cautions relating to an offence from a list agreed by Parliament
  • Convictions relating to an offence from a prescribed list (see DBS website for list)
  • Where the individual has more than one conviction, all convictions will be included.
  • Convictions that resulted in a custodial sentence

More guidance can be found on the DBS website here.

Filtering of information on Disclosure Scotland applications:

For more information on the legislation changes in Scotland, please read the Disclosure Scotland website. Please note that the Rehabilitation of Offenders Act (1974) (Exclusions and Exceptions) (Scotland) Amendment Order 2015 applies different filtering rules to the treatment of convictions, which fall under the Scottish regime.

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