What would make you fail a DBS?

One of the biggest misconceptions about DBS checks is that they’re a pass or fail test. In reality, DBS checks in the UK do not have a pass or fail outcome at all. Instead, they simply disclose information that is legally allowed to appear for the level of check requested.

At The Johnson Partnership, our local solicitors in your area regularly advise clients who are worried about DBS checks often because they believe a past conviction automatically means they will “fail”.

DBS Checks Are Not Pass or Fail

When an employer requests a DBS check, the Disclosure and Barring Service does not decide whether someone is suitable for a role. It simply provides a certificate showing any relevant criminal record information. It’s then up to the employer to decide whether the information is relevant to the role.

If you’re unsure how this might affect you, our Criminal Defence Solicitors can talk through your circumstances and explain what may be disclosed.

What Information Can a DBS Check Show?

The information shown depends on the level of DBS check required:

• Basic DBS – shows unspent convictions and conditional cautions

• Standard DBS – shows spent and unspent convictions, cautions, reprimands and warnings

• Enhanced DBS – includes all of the above, plus relevant police information

• Enhanced DBS with Barred Lists – also checks whether someone is barred from working with children or vulnerable adults

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Different jobs require different levels of checks, which is why understanding the process matters.

So What Could Affect a Job Offer?

Although you can’t technically “fail” a DBS check, some things may influence an employer’s decision

Relevant convictions

If the disclosed information is directly linked to the role - for example, dishonesty offences in a financial role, or serious offences in work involving children an employer may decide not to proceed if you are trying to find employment in these fields.

Unspent convictions

Unspent convictions appear on all levels of DBS checks and can carry more weight, depending on the role.

Barred list entries

If someone appears on a barred list, employers are legally prevented from offering certain roles.

If you’re concerned about any of these issues, our Regulatory Law team can provide guidance around disclosure and employment suitability.

What Doesn’t Make You “Fail” a DBS?

• Having a criminal record does not automatically exclude you from work

• Spent convictions don’t usually need to be disclosed for most roles

• Minor or unrelated matters are often not relevant

  
  

If you’re facing a police investigation or are unsure about accepting a caution, early advice from our Police Station Advice solicitors can make a real difference.

How The Johnson Partnership Can Help

Our experienced teams across Nottingham, Derby and Mansfield regularly help clients understand DBS checks, criminal records and disclosure obligations. Whether you need advice about what may appear on a DBS certificate, how it could affect a job application, or support during a police investigation, we’re here to help.

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Frequently Asked Questions

Will having a caution stop me from getting a job?

Not automatically it depends on the job and how relevant the caution is to the duties involved.

Does a DBS check “expire”?

There’s no official expiry it’s a snapshot at the time of the check. Employers may ask for a new one later.

Can an employer discriminate based on convictions that are not relevant?

No - especially for spent convictions employers must not discriminate unless the convictions are pertinent to the position.