The Different Types of Criminal Record Checks

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What are the different Criminal Record Checks in the UK?

If you are looking to request Criminal Record Checks for your employees, you may find yourself confused over the different types and names. Depending on the industry, you may have come across terms like DBS, Basic Disclosure, Disclosure Scotland check, CRC, CRB and others. All of these refer to a criminal record check. However, which of them are actually correct? What are the levels of criminal record checks in the UK?

We have created this simple guide to help you confirm which level of DBS check you require. We can also help you to obtain it.

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UK Criminal Record Checks

The UK offers three main levels of criminal record checks (often called CRCs or DBS checks):

• Basic Disclosure
• Standard Disclosure
• Enhanced Disclosure

In order to apply for the Standard or Enhanced Disclosure, the applicant must be eligible for this check. This means that they must be working within specific roles or at specific sites in order to qualify for this level of check. In case the applicant is not eligible for Standard Disclosures or Enhanced Disclosures, they would be able to apply for the Basic Disclosure. There are no eligibility restrictions on who can apply.

Now we will explore what is the difference between each level. We will also look at how to determine which is the relevant check for your applicant.

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Basic Disclosure

A Basic criminal record check would confirm whether an applicant has any unspent criminal record convictions. As there are no eligibility restrictions on this check, anyone could apply for this, subject to the Data Protection Regulations of course. Depending on where the applicant lives or works, different governing bodies process this check.

• For applicants living or working in England or Wales the check has to be processed via the Disclosure & Barring Service (DBS), previously known as the Criminal Records Bureau (CRB)
• For applicants living or working in Scotland the check has to be processed via Disclosure Scotland

Determine the correct jurisdiction, as conviction spent timelines differ between England & Wales and Scotland. This is due to the difference in the section 5 of the Rehabilitations of Offenders Act in these countries. Due to this Act, applicants are not required to disclose any spent convictions when applying for jobs, (read more).

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Standard Disclosure

A Standard Disclosure ignores the Rehabilitations of Offenders Act and would confirm whether an applicant has any spent and/or unspent criminal record convictions. However, only specific professions can access this type of disclosure. These professions have to be listed on the Exceptions Order to the Rehabilitation of Offenders Act.

Examples of these professions include, Positions regulated by the Financial Conducts Authority (FCA). Other examples are specific roles in courts/prisons and Accountant/lawyer on entry to the profession.

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Enhanced Disclosure

Similar to the Standard Disclosure, the Enhanced Disclosure would confirm if an applicant has any spent and/or unspent criminal record convictions. It also includes any relevant non-conviction information relating to the applicant potentially working with children and/or vulnerable adults. This level of disclosure relates to applicants working with children and/or vulnerable adults at sites such as schools and/or care homes for example. To qualify, your role must appear in both the Rehabilitation of Offenders Act Exceptions order and the Police Act 1997.

If applicants teach, provide medical care or perform other regulated activity, they are eligible for a Barred List check. This is an optional check as part of the Enhanced Disclosure.

Applicants are screened against the Children’s Barred List, the Vulnerable Adults List, or both, based on the specific role to ensure they are legally permitted to work within these groups.

The Disclosure Barring Service processes Standard and Enhanced Disclosures, just as it does Basic DBS checks. They cover applicants living and working in England and Wales. If you live or work in Scotland, you may need to join the Disclosure Scotland Protecting Vulnerable Groups (PVG) scheme. The PVG scheme is the Scottish equivalent of the Enhanced DBS check.

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Always process the correct checks. It is also important that employers are helping to ensure the safety of children or vulnerable adults.

Do you wish to find out which level of criminal record is the correct one for you?

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