Filtering scenarios
Published 28 October 2023
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Scenario 1: Unspent offence on Standard or Enhanced check
Marvin is a support worker and has applied for a new Enhanced DBS check as part of his employers re-check policy. His last Enhanced DBS check did not have any information on it.
Marvin’s new Enhanced DBS check shows a restraining order handed down in 1998. The restraining order is ‘indefinite’ so it has not become spent.
It did not show up on Marvin’s previous Enhanced DBS check because it is more than 11 years old, not for a specified offence, and not a custodial sentence.
Scenario 2: Youth conditional caution on Enhanced check
Yasmin is 17 years old. Yasmin received a Youth Conditional Caution for shoplifting 2 weeks ago.
While Youth conditional cautions have previously not been disclosed on Standard or Enhanced DBS checks, Yasmin’s caution will not become spent for 3 months from the date it was given and will therefore now appear on her new DBS check. If Yasmin applies for a Standard or Enhanced DBS check after the youth conditional caution becomes spent (i.e. after 3 months) it will not be disclosed.
Scenario 3: Relevant orders, filtering and drag on
Molly was convicted of Actual Bodily Harm, Theft and Common Assault on 24 July 2001 and received a community order and an indefinite restraining order.
On 23 April 2009 Molly was convicted of Theft and received a community order.
On 1 November 2023 Molly applies for a job at a care home and is eligible for an Enhanced DBS check with a check of the adults barred list.
Molly’s DBS check contains all the information from her first conviction. This is because the indefinite restraining order means that all disposals at that sentencing are also unspent.
The community order handed down in 2009 has become spent and is not disclosed on Molly’s certificate. This is because the restraining order from 2001 is a type of relevant order that does not ‘drag on’ subsequent offences.
Molly could apply to the court to have the restraining order removed. Even if this is successful, Molly’s certificate would still show the 2001 community order for Actual Bodily Harm as this is a specified offence and will never be filtered off an Enhanced DBS check.