Key Takeaways:
- Arrests, whether resulting in conviction or not, can appear on background checks in the UK.
- The level of disclosure depends on the type of check (e.g basic or enhanced)
- Basic checks only look at unspent convictions.
- Standard and Enhanced checks look at Spent and unspent convictions, cautions, warnings, local police records, and potentially arrests without charge.
- Minor or old offences may be filtered; some arrests may be eligible for deletion from the PNC.
- Having an arrest record can impact education, employment, housing, and personal reputation.
- Honesty and context are important when disclosing arrest records to employers.
- Legal advice can help with challenging inaccuracies, appealing unfair dismissals, and deleting records.
The short answer to this question is yes, arrests do appear on a background check regardless of whether there was a conviction or not.
When it comes to background checks, one common concern is whether getting arrested can lead to legal consequences.
In the United Kingdom, the disclosure of arrests in background checks varies depending on the type of check conducted and the relevance of the information. It is essential to understand the potential legal implications and your rights in such situations.
Having an arrest record can have various negative impacts on an individual, such as affecting education, employment, housing, and personal reputation.
It may be necessary to be honest and constructive about the arrest when discussing it with potential employers or others reviewing the record. Sealing or expunging a criminal record may be a possibility, but strict criteria must be met.
Note: Filtering may occur for minor or certain old offences, and it is possible to have an arrest record deleted from the PNC in certain circumstances.
What Information Does a Background Check Include?
When it comes to background checks, it is important to understand the range of information that can be included, such as criminal arrests, records, history, and other relevant details.
Background checks gather information from the Police National Computer (PNC) and local police databases. The level of disclosure depends on the type of check conducted. Basic checks only include unspent convictions, while standard and enhanced checks include both spent and unspent convictions, as well as cautions, warnings, and local police records.
In basic checks, only unspent convictions are typically included. However, in standard and enhanced checks, both spent and unspent convictions are considered, along with cautions, warnings, and local police records. This means that arrests, whether they resulted in a conviction or not, may be visible on a background check.
Enhanced DBS checks have the potential to include “any other information held,” which could encompass details of arrests without charges. It’s important to note that the relevance of this information is determined by the police force conducting the check. If they deem the arrests to be irrelevant, they will not appear on the DBS form.
It is worth noting that filtering processes may apply to minor or certain old offences. This means that some details might not be disclosed on a background check if they meet specific criteria. However, it’s important to remember that arrests without charges can still appear on a background check in most cases.
Type of Check
| Type of Check | Included Information |
|---|---|
| Basic Check | Unspent convictions |
| Standard and Enhanced Checks | Spent and unspent convictions, cautions, warnings, and local police records |
If you’re concerned about an arrest record on your background check, it may be possible to delete it from the Police National Computer (PNC).
Legal advice is recommended, as the process can be complex. Legal professionals can provide guidance and support in addressing issues related to background checks, arrests, and record deletion.
Can Arrests Without Charge Show Up on a Background Check?
Yes, arrests without charge can show up on a background check.
While it may seem surprising, arrests without charge can also be visible on a background check. The Disclosure and Barring Service (DBS), which carries out enhanced checks, decides on the disclosure of non-conviction information on a case-by-case basis. This means that even if an arrest did not result in a conviction, it may still be disclosed in certain circumstances.
It’s also worth mentioning that incorrect information can sometimes appear on a DBS check. However, individuals have the right to challenge and correct any erroneous information.
If you believe that incorrect or irrelevant information about an arrest without charge has been included in your background check, there is an appeal process available.
Correcting Incorrect Information in a Background Check
Incorrect information can occasionally appear on a background check, but it is possible to challenge and correct these errors. If you identify inaccuracies in your report, it is important to act promptly. The following steps can help you address and rectify any discrepancies.
1. Review the background check report
The first step is to carefully review the background check report you have received. Look for any incorrect information, such as criminal convictions or other details that do not apply to you. Make note of these inaccuracies, as you will need them when challenging the report.
2. Gather evidence and documentation
Once you have identified the incorrect information, gather any evidence or documentation that supports your claim. This could include court documents, letters of reference, or any other relevant records that prove the inaccuracies in the report. The more evidence you have, the stronger your case will be when challenging the background check.
3. Contact the background check provider
Next, reach out to the company or agency that conducted the background check. Inform them of the specific inaccuracies and provide the evidence you have collected. Request that they remove or correct the incorrect information in your report. Be sure to keep a record of all correspondence and follow up as necessary to ensure your concerns are addressed
In short, if your background check contains errors, act quickly. Review the report, gather evidence, and contact the provider to correct inaccuracies. This ensures your record is accurate and protects your professional reputation.
Impact of Having an Arrest Record
Having an arrest record can have major consequences in different areas of life, from education and employment to housing and personal reputation. Individuals need to understand the potential negative impacts and navigate these challenges effectively.
* Please note that much of this section has been moved into the table below to keep the content engaging and avoid repetition. I have also reworded and refined parts of the text to fit the table while keeping it concise and to the point
| Areas of Life | Impact |
|---|---|
| Education | Educational institutions may consider an individual’s arrest history, which can affect admission or enrollment in certain programs. |
| Employment | Many employers conduct background checks as part of their hiring process, and an arrest record can raise concerns about an individual’s character or suitability for certain roles. |
| Housing | Landlords often conduct background checks, and an arrest record can affect housing applications. Explaining the circumstances and showing rehabilitation may help mitigate this. |
| Personal Reputation | An arrest record can also harm personal reputation, leading to stigma or discrimination. Maintaining integrity and taking proactive steps, like community service or counselling, can help rebuild reputation. |
Employment and Disclosure of Criminal Records
When it comes to employment, whether or not you are legally obligated to disclose a criminal record depends on your employment contract. If your contract specifies that you must inform your employer of any convictions received during employment, failure to do so may amount to a breach of contract. If your conviction is not disclosed and is later discovered by your employer, they may dismiss you based on a loss of trust.
When discussing an arrest record with potential employers or others who may review the record, it is important to be honest and proactive in providing context and explanations. Being upfront about the situation and showcasing personal growth and rehabilitation can help mitigate the potential negative consequences.
If the conviction is related to an incident at work, your employer can treat it as a disciplinary matter and may dismiss you. When making these decisions, employers consider factors such as the impact on your suitability for the job, your relationship with the company, and your previous work record.
If your employer decides to take disciplinary action following a conviction, it is crucial to actively participate in the process and defend yourself. If you believe your dismissal was unfair, you have the right to appeal the decision through your employer’s appeals process. If necessary, you can take your case to an Employment Tribunal, where an impartial body will assess the fairness of your dismissal.
Appealing an Unfair Dismissal
If you are dismissed from your job and believe it to be unfair, you have the right to appeal the decision through your employer’s appeals process and, if necessary, take your case to an Employment Tribunal.
When appealing a dismissal, it is important to follow the procedures outlined by your employer. This typically involves submitting a written appeal stating the reasons why you believe the dismissal was unfair and providing any supporting evidence.
The steps below outline how to manage the dismissal appeal process and present a compelling case to your employer.
1. Understand procedures
The first step is to familiarise yourself with your employer’s disciplinary procedures and understand your rights. This will help you get through and make sure a fair outcome is met.
2. Gather Evidence
When defending against dismissal, it is important to gather all relevant evidence that supports your case. This may include documentation, witness statements, or any other pertinent information that can demonstrate your character, rehabilitation, or the circumstances surrounding the conviction.
3. Engage Openly
During the disciplinary process, it is important that you maintain open lines of communication with your employer. Attend all meetings and hearings, and actively participate by explaining your side of the story, addressing any concerns, and responding to questions. Engaging in constructive dialogue means that you can showcase your commitment to rectifying any past mistakes and demonstrate your dedication to your current role.
Remember, each case is unique, and the outcome of the disciplinary process will depend on various factors, including the nature of the offence, your overall conduct, and your employer’s policies.
It is important to remember that it may be possible to seal or expunge a criminal record under certain circumstances. However, stringent criteria must be met, and seeking legal advice is essential to understand the process and eligibility for record deletion.
Deleting an Arrest Record from the Police National Computer
If you are looking to have an arrest record removed from the Police National Computer (PNC), it is important to understand the process and requirements involved.
The PNC is a central database where law enforcement agencies in the United Kingdom store information on arrests and convictions. To have an arrest record deleted, you must meet specific criteria and follow the necessary steps.
Step 1: Determine eligibility
To be eligible for the deletion of an arrest record from the PNC, you must meet certain conditions. Generally, an arrest record can only be deleted if:
- The arrest did not result in a conviction
- The arrest was for a minor offence or a crime that is no longer considered criminal
- A specified period of time has passed since the arrest
- There was a case of mistaken identity or factual error in the arrest
Step 2: Seek legal assistance
It is highly recommended to seek legal advice and assistance when pursuing the deletion of an arrest record. An experienced solicitor can provide guidance on the specific requirements and procedures involved in your case. They can help gather the necessary evidence, prepare the application, and represent you during any appeal process.
Step 3: Submit an application
To initiate the process of deleting an arrest record, you will need to contact the police force where the arrest occurred. This application will typically include details about the arrest, your reasons for seeking deletion, and any supporting evidence. The police force will review the application and make a decision based on the eligibility criteria and any additional factors they consider relevant.
Step 4: Follow the appeal process if necessary
If your application is denied or if you believe the decision was incorrect, you may have the option to appeal. The appeal process will depend on the specific circumstances of your case and may involve going before a magistrates’ court or a higher judicial body. Having legal representation during the appeal process can significantly increase your chances of a successful outcome.
Get Legal Advice on Background Checks and Arrests
In conclusion, arrests without charge can indeed appear on a background check, as the disclosure of non-conviction information is determined on a case-by-case basis. Legal professionals specialising in background checks and arrests can provide tailored advice, explain how arrests are disclosed, outline the consequences, and guide you on record deletion.
Getting assistance from experienced lawyers ensures peace of mind, protects your rights, and gives you the best chance of achieving the desired outcome
If you’re in need of personalised assistance, don’t hesitate to contact us at Global Investigations today.