What does a Basic DBS check disclose?
A Basic DBS check is the lowest level of criminal record check. It can be requested for any role and is not restricted to specific occupations. A Basic DBS certificate shows:
any unspent convictions.
any unspent conditional cautions.
These are defined under the Rehabilitation of Offenders Act 1974 (ROA). If a person has unspent convictions, the certificate will normally include details such as:
the offence and the date the offence.
the court and date of the conviction.
the sentence or disposal given.
If there are no unspent convictions or conditional cautions, the certificate will clearly state that there is no information held.
Some more serious offences never become spent. For example, certain serious violent, sexual or terrorism offences listed in Schedule 18 of the Sentencing Act 2020, and sentences given specifically for the protection of the public, will always be disclosed on a Basic DBS certificate.
What is the difference between a spent and an unspent conviction?
Under the Rehabilitation of Offenders Act 1974, many convictions and cautions become spent after a set period of time, known as the rehabilitation period. Once a conviction is spent, most people have the legal right not to disclose it when applying for the majority of jobs, and it will not appear on a Basic DBS check.
an unspent conviction is one where the rehabilitation period has not yet passed, or where the law says the conviction can never become spent- these will appear on a Basic DBS check.
a spent conviction is one where the rehabilitation period has ended - it will not be shown on a Basic DBS check, although it may still appear on higher level checks for certain types of role.
This approach aims to balance public protection with giving people the chance to move on positively after a period of time has passed without further offending.
The rehabilitation period: how it affects what is disclosed
The length of the rehabilitation period depends mainly on the type and length of sentence or disposal and the age of the person at the time of conviction. In broad terms:
many custodial sentences of one year or less become spent one year after the sentence has finished, as long as no further offences are committed in that period.
custodial sentences over one year and up to 4 years generally become spent 4 years after the sentence ends.
some custodial sentences of more than 4 years can now become spent after a longer rehabilitation period, but serious violent, sexual and terrorist offences are excluded and can never become spent.
For children and young people, rehabilitation periods are usually shorter than for adults.
If a conviction is still within its rehabilitation period, or is excluded from ever becoming spent, it will be treated as unspent and will appear on a Basic DBS check.
What will always be disclosed on a Basic DBS check?
On a Basic DBS check:
all unspent convictions will always be disclosed.
all unspent conditional cautions will always be disclosed.
As long as an offence remains unspent under the Rehabilitation of Offenders Act, it will continue to be shown on a Basic DBS certificate. Once a conviction or conditional caution becomes spent, it will no longer appear on a Basic DBS check.
What are the different levels of DBS check?
There are 3 main levels of DBS check used in England and Wales. They each show different types of information.
Basic DBS check:
shows: unspent convictions and unspent conditional cautions only.
for: any role, where an employer chooses to request it.
governed entirely by the Rehabilitation of Offenders Act in terms of what is disclosed.
Standard DBS check:
shows: spent and unspent convictions and cautions held on the Police National Computer, that are not filtered.
for: certain roles that are exempt from the Rehabilitation of Offenders Act, for example some security or legal roles.
For Standard checks, some older and less serious records can be removed from disclosure under the filtering rules. There is a specific list of serious offences that are never filtered, meaning they will always be shown if they are on record.
Enhanced DBS check (with or without Barred List):
shows: the same information as a Standard check.
also includes: any relevant and proportionate information held by local police that they reasonably believe is relevant to the role.
for some roles, can also include a check of the Children’s and/or Adults’ Barred Lists to confirm whether someone is barred from working in regulated activity with those groups.
Enhanced checks are only available where the role is eligible under legislation, usually where the person will be working closely and regularly with children or adults in vulnerable circumstances.
In short:
Basic: unspent convictions and conditional cautions.
Standard: spent and unspent convictions and cautions, subject to filtering.
Enhanced: Standard level information plus relevant local police information, and Barred List(s) checks where required.
Using Basic DBS information fairly
For most charity shop roles, particularly where there is no legal basis for a Standard or Enhanced check, a Basic DBS check is an appropriate and proportionate way to understand any current, unspent criminal record. Good practice for employers includes:
having a clear, transparent policy on how criminal record information will be used.
focusing on whether any unspent information is relevant to the specific role.
considering each case on its own facts, rather than operating blanket bans.
By understanding exactly what is disclosed on a Basic DBS check, organisations can build safer recruitment processes that are fair and proportionate, while supporting individuals to move forward positively.