Receiving your DBS certificate and finding something on it that does not look right can be an unsettling experience. Whether it is a conviction that belongs to someone else, an offence that should no longer appear due to the rules around spent convictions, or simply a factual error such as a wrong date or incorrect personal detail, the good news is that you do have options.
This guide is written for individuals who have found inaccurate information on their criminal record DBS UK certificate, as well as for employers who want to understand how to handle these situations fairly and lawfully. We will walk through what can go wrong, how to challenge it, and what the rules around rehabilitation and spent convictions mean for both job seekers and hiring organisations.
Why Errors Appear on DBS Certificates
Before looking at how to fix an error, it helps to understand how they happen in the first place. The DBS does not hold its own independent database of criminal records. Instead, it pulls information from multiple sources including the Police National Computer, local police records, and for an enhanced DBS check online, information held by individual police forces.
Because information comes from several different places, errors can and do occur. The most common types of mistake include:
- Identity confusion – Where a record belonging to someone with a similar name, date of birth, or address is incorrectly matched to your application
- Outdated information – Where a conviction, caution, or other record has not been correctly updated on the Police National Computer
- Spent convictions appearing incorrectly – Where an offence that should be filtered out under the Rehabilitation of Offenders Act 1974 still appears on a certificate
- Administrative errors – Simple data entry mistakes such as wrong dates, misspelt names, or incorrect offence descriptions
- Records that should have been deleted – In some cases, individuals have successfully had records removed through the courts, but the removal has not been reflected across all databases
None of these errors are uncommon, and none of them are your fault. What matters is knowing how to address them promptly.
Understanding Spent Convictions and the Rehabilitation of Offenders Act
One of the most misunderstood aspects of criminal record DBS UK law is spent convictions. Under the Rehabilitation of Offenders Act 1974, most convictions become spent after a set period and usually do not need to be disclosed for most jobs or appear on a Basic DBS check.
However, the rules are more complex for Standard and enhanced DBS checks, where certain spent convictions and cautions may still be disclosed depending on the offence and the role.
What Is Filtered Out and What Is Not?
The filtering rules, introduced in 2013 and updated since, determine which spent convictions and cautions are removed from DBS certificates automatically. Here is a general overview:
| Type of Record | Basic DBS | Standard DBS | Enhanced DBS |
|---|---|---|---|
| Unspent convictions | Always disclosed | Always disclosed | Always disclosed |
| Spent convictions (filterable) | Not disclosed | Not disclosed | Not disclosed |
| Spent convictions (non-filterable) | Not disclosed | Disclosed | Disclosed |
| Cautions (filterable) | Not disclosed | Not disclosed | Not disclosed |
| Cautions (non-filterable) | Not disclosed | Disclosed | Disclosed |
| Police intelligence (local) | Not disclosed | Not disclosed | May be disclosed |
If a spent conviction appears on your Basic DBS check when it should be filtered, it is a clear error and should be challenged. For Standard and enhanced checks, the rules are more complex, so seeking legal advice may be helpful.
For further assistance, you can also visit our local office or contact our team for support.
How to Challenge Incorrect Information on Your DBS Certificate
If you believe your DBS certificate contains incorrect information, there is a formal process for raising a dispute. Here is how it works step by step.
Step 1: Check Your Certificate Carefully
Review your certificate in detail and identify exactly what is wrong. Check dates, offence details, or whether the record belongs to someone else. The clearer you are, the easier the dispute process will be.
Step 2: Contact the DBS Dispute Team
Report the issue to the DBS with your certificate number and a clear explanation. They will investigate by contacting the relevant police force or record holder.
Step 3: Contact the Police Force
If needed, you can also contact the police force directly to review the information held against your name.
Step 4: Seek Legal Advice
For complex issues, such as filtering or rehabilitation rules, consider independent legal advice. Organisations like Unlock can help.
Step 5: Apply for a New DBS Check
Once corrected, apply for a new DBS check online to get an updated certificate. Inform your employer so they can pause decisions during the dispute.
What Employers Should Do When a DBS Contains Disputed Information
For employers, receiving a DBS certificate that an applicant disputes puts you in a position that requires careful handling. Here is how to approach it fairly and lawfully.
Do Not Automatically Reject
If a candidate is disputing their DBS information, avoid making an immediate rejection. The data may be incorrect, and acting on it could create legal risks.
Follow Your HR Policy
Refer to your organisation’s background check policy for guidance on handling disputed results. If none exists, consider creating one.
Apply the DBS Code of Practice
Ensure fair treatment and only use DBS information to assess suitability for the role.
Consider the Role and Risk
Assess how relevant the record is to the role. What matters for regulated roles may not apply to administrative positions, so always take a proportional approach.
Rehabilitation and Fair Hiring: Getting the Balance Right
The concept of rehabilitation is central to UK criminal record law. The Rehabilitation of Offenders Act ensures individuals are not indefinitely penalised, while the DBS Update Service helps keep certificates up to date for reuse.
For employers, this means:
- Not asking about spent convictions in situations where you are not legally permitted to do so
- Assessing disclosed information fairly and proportionately rather than applying blanket exclusion policies
- Giving applicants the opportunity to discuss information on their DBS certificate before making a decision
- Documenting your decision-making process so that you can demonstrate it was fair and evidence-based
For individuals, rehabilitation means understanding that your rights are protected in law, and that a spent conviction, correctly filtered, should not follow you indefinitely into every job application you make.
DBS Checks and Vulnerable Sectors: Extra Considerations
For roles involving children or vulnerable adults, the standards around DBS compliance are necessarily higher. This is not about penalising individuals unfairly. It is about ensuring that the people most at risk are properly protected.
Roles that require an enhanced DBS check include those involving:
- Working with children in schools, childcare settings, or youth organisations
- DBS checks for working with children in any regulated or supervised activity
- Childcare DBS checks UK including DBS for childminders and DBS checking for nursery staff
- DBS checks for charity workers where the charity works with vulnerable groups
- Healthcare and social care roles involving direct contact with vulnerable adults
In these settings, even information that might be filtered out for a Basic DBS check may legitimately appear on an enhanced DBS check. This does not mean it will automatically disqualify an applicant, but it does mean the employer has a greater responsibility to assess it carefully and proportionately.
Frequently Asked Questions
What if my DBS shows someone else’s conviction?
Contact the DBS disputes team with your certificate number and explain the issue. They will investigate with the relevant police force.
How long does a DBS dispute take?
There is no fixed timeframe. Simple errors are resolved quickly, while complex cases may take longer.
Can a spent conviction appear on an enhanced DBS check?
Yes, some serious offences are never filtered and may still be disclosed depending on the role.
Can an employer reject me due to incorrect DBS information?
A fair employer should pause the decision while the dispute is being resolved.
Can I apply for a DBS check online myself?
Yes, you can apply for a Basic DBS check online to view unspent convictions.
What’s the difference between Basic, Standard, and enhanced checks?
Basic shows unspent convictions only. Standard includes spent and unspent records. Enhanced also includes local police information.
Does the DBS Update Service fix errors?
No, it only tracks certificate status. Errors must be resolved through the disputes process and a new check.
Final Thoughts
Finding an error on your criminal record DBS UK certificate can be stressful, but it can be resolved through the disputes process. Both the DBS and police forces are responsible for investigating and correcting valid concerns.
Individuals should act quickly, keep clear records, and communicate with employers. Employers should handle disputes fairly and assess each case with care and proportionality. Understanding the DBS process is key to ensuring accurate and fair outcomes for everyone involved. Contact us for reliable guidance on DBS checks and compliance.
