There are several lawful ways to check criminal convictions in the UK, but the correct method depends on whose record you are checking and why you need the information.
You can apply for a copy of your own criminal record through a basic Disclosure and Barring Service check. Employers may request criminal-record checks for recruitment, although the level available depends on the role. Police disclosure schemes may also provide limited information where there are concerns about domestic abuse or a risk to a child.
However, there is no lawful public database that allows you to enter any person’s name and view their complete criminal history. Criminal-record information is sensitive personal data, and access is restricted.
This guide explains the different types of criminal-record checks, who can request them, what they reveal and the legal limitations you need to understand.
Can You Check Whether Someone Has a Criminal Record in the UK?
You cannot normally obtain another person’s complete criminal record simply because you are curious or concerned about them.
The lawful options depend on the circumstances:
- Checking your own record: you can apply for a basic DBS check or request access to certain police records held about you.
- Recruiting an employee: an employer may request an appropriate DBS check, subject to the applicant’s involvement and the eligibility of the role.
- Concern about a partner: you may ask the police for a disclosure under the Domestic Violence Disclosure Scheme, commonly known as Clare’s Law.
- Concern about a child: you may ask the police to consider a disclosure under the Child Sex Offender Disclosure Scheme, commonly known as Sarah’s Law.
- Legal or commercial due diligence: lawful public-record, court and background enquiries may identify relevant information, but they are not a substitute for an official DBS certificate.
The information available will depend on the legal purpose, the type of check and whether convictions or cautions have become spent or protected.
Ways to Check Criminal Convictions in the UK
| Type of check | Who can request it? | What may be shown? | Main limitation |
|---|---|---|---|
| Basic DBS check | An individual, or an employer with the individual’s involvement | Unspent convictions and conditional cautions | Does not normally show spent convictions |
| Standard DBS check | An eligible employer or organisation for a qualifying role | Spent and unspent convictions and cautions, subject to filtering | Only available for legally eligible positions |
| Enhanced DBS check | An eligible employer or organisation for a qualifying role | Standard-check information plus relevant local police information | Only available for eligible roles and does not guarantee every allegation will appear |
| Enhanced DBS with barred-list check | An eligible organisation recruiting for regulated activity | Enhanced-check information plus whether the person is barred from relevant work | Barred-list access is strictly restricted |
| Clare’s Law disclosure | A person concerned about a current or former partner, or someone at risk | Information the police consider necessary to protect someone from domestic abuse | It is a safeguarding disclosure, not a general criminal-record report |
| Sarah’s Law disclosure | Someone concerned about a person who has access to a child | Information the police consider necessary to protect the child | The police will not automatically disclose a complete record |
| Public court and media research | Individuals, businesses, solicitors or investigators with a lawful purpose | Published judgments, hearing information, reports and other lawful public material | Records may be incomplete, removed, difficult to match or unavailable online |
| Private background investigation | A client with a legitimate and lawful purpose | Lawfully available information about identity, history, directorships, litigation and adverse media | A private investigator cannot access the Police National Computer or obtain a DBS certificate secretly |
The precise information disclosed depends on the circumstances, current law and the rules applying to each scheme.
How to Check Your Own Criminal Record
The simplest way to see what appears on your basic criminal record in England and Wales is to apply for a basic DBS check.
A basic DBS certificate normally shows:
- Unspent convictions
- Unspent conditional cautions
- A statement confirming that there is no information to disclose, where applicable
You must usually be aged 16 or over. The application requires identity verification and details of your addresses for the previous five years.
A basic DBS check is commonly requested before:
- Applying for a new job
- Working as a contractor
- Applying for a licence
- Moving or working overseas
- Providing services to a client
- Starting certain voluntary positions
A basic check is not a complete record of every conviction or caution a person has ever received. Convictions that have become spent will not normally appear.
Can You Request Your Full Police Record?
A subject access request to the police is different from a DBS check. It allows you to request personal information that the police hold about you, subject to legal exemptions.
This information is for your own use. It should not normally be used by an employer as a substitute for the correct DBS process. Employers should not ask candidates to make subject access requests simply to obtain information the employer is not legally entitled to receive.
What Are the Different Levels of DBS Check?
Basic DBS Check
A basic DBS check is available for any role or lawful purpose. It normally discloses unspent convictions and conditional cautions.
An individual can apply for their own certificate. An employer may also arrange a basic check as part of recruitment, provided the process is transparent and complies with data-protection and employment law.
Standard DBS Check
A standard DBS check contains more information than a basic check. It may show spent and unspent convictions, cautions and other relevant disposals, subject to the DBS filtering rules.
Standard checks are not available for every job. The position must fall within a legally eligible category. This may include certain roles in areas such as:
- Law
- Accountancy
- Financial services
- Security
- Healthcare
- Other regulated professions
An employer cannot request a standard check merely because it would prefer more information.
Enhanced DBS Check
An enhanced DBS check may contain the same information as a standard check, together with relevant information held by local police.
The police decide whether additional information is relevant and ought to be disclosed for the particular role.
Enhanced checks are generally associated with positions involving a higher level of responsibility, trust or contact with children or vulnerable adults.
Enhanced DBS Check with Barred Lists
For some forms of regulated activity, an enhanced check may also include a search of the children’s barred list, adults’ barred list or both.
These lists identify people who are legally barred from carrying out specified types of work. An organisation must be legally entitled to request the barred-list information. Requesting it for an ineligible role may be unlawful.
How Can an Employer Check Criminal Convictions?
Employers should first decide whether a criminal-record check is necessary for the role and, if so, which level is legally available.
Step 1: Assess the Role
Consider the responsibilities, level of trust, safeguarding issues, financial access and regulatory requirements connected to the position.
A more detailed DBS check should not be requested simply as a precaution. The check must be proportionate to the role.
Step 2: Confirm DBS Eligibility
Basic checks may be used more widely. Standard, enhanced and barred-list checks are restricted to eligible roles defined by law.
Where there is uncertainty, employers should use the official DBS eligibility guidance or seek legal advice.
Step 3: Tell the Candidate
The candidate should be told:
- That a criminal-record check is required
- Why it is necessary
- Which level will be requested
- How the information will be used
- How long the information will be retained
- Who will have access to it
Criminal-record information receives additional protection under UK data-protection law. Employers should document their lawful basis and the additional legal condition that permits them to process criminal-offence data.
Step 4: Use a Registered Organisation Where Required
Employers may process basic checks through an authorised responsible organisation. Standard and enhanced checks are normally arranged through a registered body or umbrella body unless the employer is registered directly with the DBS.
Step 5: Review the Result Fairly
A conviction should not automatically lead to rejection unless the law prevents the person from carrying out the role.
The employer should consider:
- The nature of the offence
- How long ago it occurred
- The person’s age at the time
- Whether it is relevant to the role
- Whether there is evidence of repeated behaviour
- The applicant’s explanation
- Any legal or regulatory requirements
Employers carrying out criminal-record checks should also have a written policy on recruiting people with convictions.
What Is the Difference Between Spent and Unspent Convictions?
Under the Rehabilitation of Offenders Act 1974, many convictions become spent after a specified rehabilitation period.
The length of that period depends on factors including:
- The sentence imposed
- The person’s age at the date of conviction
- The type of disposal
- Whether further offences are committed
Once a conviction becomes spent, a person does not normally need to disclose it when applying for an ordinary job. It will not usually appear on a basic DBS certificate.
However, certain roles are exempt from the usual Rehabilitation of Offenders Act protections. For eligible positions, an employer may be entitled to ask about some spent convictions and request a standard or enhanced DBS check.
What Is DBS Filtering?
Filtering is the process through which certain older or less serious convictions and cautions are excluded from standard and enhanced DBS certificates.
A filtered conviction or caution becomes protected. An applicant does not normally have to disclose protected information, even when applying for a role that qualifies for a standard or enhanced check.
Some serious offences are never filtered. The applicable rules can be complex, so individuals and employers should check the current official DBS guidance rather than relying on assumptions.
Does a DBS Check Show Arrests or Allegations?
A basic or standard DBS check does not normally provide a list of every arrest or allegation.
An enhanced DBS certificate may include relevant information held by local police, even where it did not result in a conviction. However, the police must consider whether the information is relevant to the role and whether disclosure is proportionate.
An allegation should not be treated as proof that an offence occurred. Employers must assess the context carefully and comply with employment and data-protection law.
How Long Does a DBS Check Remain Valid?
A DBS certificate has no formal expiry date. It records information available at the time the check was completed.
An organisation may decide to repeat a check after a particular period, especially where safeguarding or regulatory obligations apply.
The DBS Update Service may allow an employer to check whether relevant information connected with an existing certificate has changed, provided:
- The certificate holder has joined the service
- The employer has permission to make the status check
- The existing certificate is at the correct level
- The workforce and barred-list details remain appropriate
How to Check Whether a Partner Has a History of Domestic Abuse
The Domestic Violence Disclosure Scheme, commonly known as Clare’s Law, allows people to ask the police whether a current or former partner has a history that indicates a risk of domestic abuse.
The scheme has two parts:
- Right to ask: an individual, family member, friend or professional can ask the police to consider making a disclosure.
- Right to know: the police may make a proactive disclosure where they identify information suggesting someone may be at risk.
A request does not guarantee that information will be disclosed. The police assess the available information, the level of risk and who should receive any disclosure.
The information may relate to violent, abusive, coercive, controlling, sexual or stalking behaviour. It is provided for safeguarding purposes and should not be shared more widely unless the police confirm that this is permitted.
You can usually make a request through your local police force, by calling 101 or by attending a police station. Call 999 where someone is in immediate danger.
How to Check Whether Someone Poses a Risk to a Child
The Child Sex Offender Disclosure Scheme is commonly known as Sarah’s Law.
It allows a person to ask the police to check someone who has contact with a particular child where there is a genuine safeguarding concern.
You do not necessarily need to be the child’s parent. A grandparent, neighbour, family friend or professional may raise a concern.
The police will consider:
- The relationship between the person and the child
- The nature of the concern
- Available criminal and intelligence information
- Whether a disclosure is necessary to protect the child
- Who is best placed to receive the information
The scheme does not provide the applicant with unrestricted access to another person’s criminal record. Any disclosure is made only where the police consider it necessary for safeguarding.
Where a child appears to be in immediate danger, contact the police on 999.
Can You Search UK Court Records for Criminal Convictions?
Some criminal court information is publicly available, but there is no single complete and freely searchable UK database containing every conviction.
Possible sources may include:
- Published court judgments
- Court lists
- Local and national media archives
- Regulatory decisions
- Professional disciplinary findings
- Company and director records connected to a fraud or insolvency matter
These sources have significant limitations.
Magistrates’ court decisions are not routinely published in the same way as higher-court judgments. News reports may be removed, archived or factually incomplete. Common names can also create a risk of wrongly attributing a conviction to an innocent person.
Any match should be verified through several reliable identifiers, such as full name, date of birth, address history and the location of the proceedings.
How Do You Check Criminal Records from Overseas?
A DBS check does not cover the time a person lived outside the UK.
Where an applicant has lived or worked abroad, an employer may need to request an overseas criminal-record certificate or equivalent document from the relevant country.
The process differs between jurisdictions. Some countries provide certificates directly to individuals, while others require an application through an embassy, employer or government department.
There may also be countries where:
- No reliable certificate is available
- Records are decentralised
- Consent or fingerprints are required
- Documents need to be translated or legalised
- Information is restricted to citizens or residents
- Processing takes several weeks or months
An overseas check should be assessed carefully. The absence of a recorded conviction does not necessarily confirm that a person has no criminal history.
Can a Private Investigator Check Criminal Convictions?
A private investigator cannot secretly order a DBS certificate for another person or access the Police National Computer.
Claims that an investigator can obtain a complete official criminal record without consent or legal authority should be treated with caution.
However, a lawful background check may identify information connected to criminal, regulatory or civil concerns through appropriate sources.
Depending on the legitimate purpose of the enquiry, this may include:
- Published court judgments
- Lawfully available court information
- Regulatory and professional disciplinary decisions
- Sanctions and disqualification records
- Adverse media research
- Business and directorship history
- Insolvency information
- Aliases and address history
- Relevant international public records
Global Investigations also provides criminal court checks for clients with a clear and lawful purpose.
The scope and limitations should be explained before work begins. A professional investigator should never imply that public-record research is equivalent to an official DBS check.
Criminal-Record Checks and Data Protection
Information about criminal convictions, allegations, proceedings and related security measures is classed as criminal-offence data.
It receives additional legal protection under the UK GDPR and Data Protection Act 2018.
An organisation processing criminal-offence information normally needs:
- A lawful basis under Article 6 of the UK GDPR
- Official authority or an additional condition under the Data Protection Act 2018
- A clear and specific purpose
- Appropriate security measures
- A defined retention period
- Clear privacy information
- In some cases, an appropriate policy document
- In higher-risk cases, a data protection impact assessment
Information should not be collected simply because it might be useful. The check must be necessary and proportionate to the purpose.
Common Mistakes to Avoid
Requesting the Wrong Level of DBS Check
An employer cannot request a standard or enhanced certificate unless the role is legally eligible.
Treating a Clear DBS Certificate as a Guarantee
A DBS check only contains information that the relevant rules permit to be disclosed. It is one part of a wider safeguarding or vetting process.
Assuming an Online Name Match Is Accurate
Two people can have the same name. Court and media information should be matched using several reliable identifiers.
Using Subject Access to Bypass DBS Rules
An employer should not require a person to obtain their own detailed police records as a way of accessing information the employer is not legally entitled to request.
Keeping Criminal-Record Information Indefinitely
Information should only be retained for as long as it is genuinely needed and must be stored securely.
Rejecting Every Applicant with a Conviction
Unless a legal bar applies, decisions should be based on relevance, risk, context and the requirements of the role.
Frequently Asked Questions
Can I check whether anyone has a criminal record?
No. There is no general public right to access another person’s complete criminal record. Access depends on the reason for the check, the person’s involvement and whether a specific legal or safeguarding scheme applies.
Can I check my partner’s criminal record?
You cannot normally order a DBS check secretly. Where you are concerned about domestic abuse, you may ask the police to consider a disclosure under Clare’s Law.
Can I check whether someone is a sex offender?
There is no public UK sex-offender register. If someone has contact with a child and you have a genuine safeguarding concern, you may make a request under the Child Sex Offender Disclosure Scheme.
Can an employer request a DBS check without consent?
The applicant must be involved in the DBS process and should be told why the check is required. The employer must also be legally entitled to request the chosen level of check.
Does a basic DBS check show spent convictions?
No. A basic DBS check normally shows unspent convictions and conditional cautions only.
Does an enhanced DBS check show every conviction?
Not necessarily. Standard and enhanced checks remain subject to filtering rules. An enhanced certificate may also contain relevant police information, but it is not an unrestricted copy of every record held about the individual.
Does a criminal record disappear after seven years?
There is no general seven-year rule in the UK. Whether a conviction becomes spent depends mainly on the sentence and the applicable rehabilitation period.
How long does a DBS check take?
Basic checks are often processed relatively quickly, but times vary. Standard and enhanced checks may take longer, particularly where several police forces need to consider relevant information.
Does a DBS certificate expire?
No. A DBS certificate has no official expiry date, but it only reflects information available on the date it was issued.
Can I use an old DBS certificate?
Possibly. An employer must check that the certificate is at the correct level, applies to the right workforce and matches the applicant’s identity. The DBS Update Service may help establish whether relevant information has changed.
Will a driving conviction appear on a DBS check?
It may appear if it remains unspent or if the relevant disclosure rules require it to be shown. Minor matters such as fixed penalty notices do not always form part of a criminal record.
Can a private investigator access police records?
No. A private investigator does not have lawful access to the Police National Computer simply because they are an investigator. They may only obtain information through lawful and appropriate sources.
Can criminal-record information be used in court?
Official certificates and lawfully obtained public records may be relevant, but admissibility depends on the proceedings, purpose and circumstances. A solicitor should advise on the use of evidence in a particular case.
Speak to Global Investigations in Confidence
Criminal-record research can be complex, particularly where a person has used different names, lived overseas or is connected to a commercial or legal dispute.
Global Investigations has traded since 1994 and has completed more than 12,500 successful cases. Our team supports private individuals, employers, businesses and legal professionals with lawful background checks, due diligence and criminal court enquiries.
We will explain what can be checked, what cannot be accessed lawfully and the limitations of the available information before recommending an approach.
Contact Global Investigations for a confidential discussion, or call 0800 073 3555. International callers can telephone +44 20 8287 7770.
