Suppose you have been arrested in the past and are worried about whether or not the arrest will show up on an Enhanced DBS (Disclosure and Barring Service) check.
In that case, it is worth seeking expert legal advice from our record deletion team of lawyers.
Sometimes employers need to carry out regular DBS checks in relation to their employees if their role requires them to work with those who might be vulnerable, including children, those with disabilities and the elderly or roles relating to matters of national security.
If it is likely your employer will need to undertake an Enhanced DBS Check in connection with the sensitive work that you do, it is crucial that you know in advance what is likely to be disclosed in terms of your previous record (including matters for which you were arrested and where no further action was taken against you).
Where Do DBS Checks Get Their Information?
When DBS checks are carried out, data is gathered from various places, including the Police National Computer (PNC).
Police forces also hold data at a local level. This data is stored on the Police National Database (PND), which records "soft" local police intelligence, for example, details of investigations that did not lead to further action.
What can I do if the data disclosed causes me issues with employment or foreign travel?
Applications can be made for an arrest record to be deleted from the PNC where certain circumstances are met. Our expert lawyers are specialists in making applications to ACRO (Criminal Records Office) for arrest records to be deleted.
Intelligence on the PND will generally be retained for a minimum of six years. It will be held longer if it relates to allegations of a serious offence or if the individual concerned is considered to pose an ongoing risk. In this situation, it may be revealed on an Enhanced DBS check where certain circumstances are met.
Will My Arrest Record Definitely Show Up?
The two types of enhanced checks available provide details of relevant and proportionate non-conviction information.
Disclosure of such information is not automatic but is done on a case-by-case basis following the exercise of police discretion.
The test the police use when deciding whether to disclose non-conviction information is whether the chief officer "reasonably believes it to be relevant" for the purpose of the check and whether, in their opinion, it ought to be included.
There is a statutory code designed to assist chief officers of police in making decisions about providing information from local police records for inclusion in enhanced criminal record certificates.
An appeal process is also available if an applicant believes incorrect or irrelevant information on convictions has been included.
Contact Monan Gozzett
If you are subject to an Enhanced DBS check and are worried about the results or would like expert legal advice and assistance in appealing a decision made by the police to disclose locally held data about you, please contact our team of record deletion experts today.