What is the difference between a DBS check and a Filtering check?
Depending on the type of check (Enhanced DBS Check or Standard DBS Check) that’s chosen, employers get the chance to see any offenses that an employee has on their criminal record, which helps to ensure that candidate’s suitability for the role. There are cautions and convictions that are not relevant to that position. The negative bias that an irrelevant criminal record may have on a job application needs to be protected by applicants in a CRB application. Since the introduction of the process called Filtering on May 29th, it has been used with certain applications to remove the issue. It protects the applicants privacy and ensures that the interview and review process is as fair as possible. Nothing will be stated on the certificate produced at the end of the check. Employers only learn the information they need to know because the information doesn’t appear on the certificate.
What are the types of offenses that are subject to filters?
A candidate’s chances of getting the job won’t be affected by any warnings that have taken place in the past. The following criteria need to be met for this process to occur.
If the conviction didn’t result in a custodial sentence, it will be a type of sentence.
The number of convictions must not have been more than one.
It takes several years for the offence to have taken place and for the sentence to be served.
The parties don’t need to be concerned about whether the process has been completed correctly. If an application has a conviction or caution on their criminal record that is eligible to be filters that should happen automatically.
How filters affect applicants and employers.
Implication for Applicants.
If you’re applying for a job that requires a background check, it’s important to remember that some cautions and convictions could be disqualifying. Employers don’t need to know if you have spent convictions on your criminal record if you have an eligible offence on your record. Before providing relevant information to your employers, you should review whether certain crimes are suitable for deletion from your background check.
Impact on Employers.
It’s normal for an employer to want to learn everything they can about a prospective candidate in order to make the best hiring decision. Specific cautions and convictions aren’t allowed to be part of that decision-making process and are therefore filters for the protection of the candidate. Employers can’t ask applicants to reveal their results. If they ever learn about a conviction and use it to influence their decision, they are acting illegally as per the Rehabilitation of Offenders Act 1974. Employers must check the rules of the filters to make sure they’re asking the right questions and not putting too much pressure on their applicants.
Situations where Filtering Doesn’t Apply.
Police vetting and any position that requires a firearms license application are some of the jobs that don’t require a background check. There are exceptions in the interests of public health and safety. Due to the nature of the offences, cautions and convictions will never be subject to filters. You can read the complete list here.
What are the filtering rules?
For adults.
If there is an adult conviction, it will be removed from the check.
- If 11 or more years have passed since the time of the conviction.
- There wasn’t a custodial or suspended sentence for the conviction.
- There isn’t a conviction on the list.
After 6 years have passed since the date of the caution, an adult caution will be removed. If it doesn’t show up on the list.
There is no limit to the amount. cautions that can be filtered.
For juveniles.
Only a juvenile conviction will be removed from a check.
- Five and a half years have passed since the conviction.
- It’s the person’s only conviction.
- There wasn’t a custodial or suspended sentence for the conviction.
- There isn’t a conviction on the list.
After 2 years have elapsed, a youth caution, reprimand or final warning will be removed. If it doesn’t appear on the list of specified offenses, the date of the caution.
There’s no. Limit the amount of warnings that can be used.
