What is filtering on DBS Disclosures ?
On the 29 May 2013, legislation came into play that allows certain old and minor cautions and convictions to no longer appear on a disclosure. They are filtered out and an employer is no longer entitled to know about them.
What Conviction Information will not be filtered ?
The following conviction information will continue to appear on a disclosure:
• All cautions and convictions for serious violent and sexual offences; and other specified offences of relevance for posts concerned with safeguarding children and vulnerable adults, will continue to appear on a disclosure. (A full list of such offences is available on the DBS website)
• Cautions given less than 2 years ago (where the individual was under 18 at the time of caution)
• Cautions given less than 6 years ago (where the individual was over 18 at the time of caution)
• Where the individual has more than one conviction offence, all convictions will appear. No offences will be filtered.
• Convictions that resulted in a custodial sentence (regardless of whether served)
• Convictions given less than 11 years ago (where individual was over 18 at the time of conviction)
• Convictions given less than 5.5 years ago (where individual was under 18 at the time of conviction)
These changes relate to what appears on a disclosure, and to what convictions an employer is legally allowed to ask about. The Ministry of Justice suggest that employers should use the following question as a template for their own question on an application form : “Do you have any convictions, cautions, reprimands or warnings that are not “protected” as defined by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended in 2013)”
Standard and Enhanced DBS certificates will include details of convictions and cautions (including youth cautions, reprimands and warnings) recorded on the Police National Computer (PNC).