What criminal record checks can UK employers legally request?
The most common mistake UK employers make with DBS checks is not underchecking — it’s overchecking.
Many organisations assume that if a role seems sensitive or senior, it justifies a higher-level criminal check. But that is not how the system works. In the UK, the level of check you are legally allowed to request depends entirely on the role — not on internal policies or assumptions about risk.
Requesting more information than you are entitled to is not just a paperwork issue. It may be unlawful under data protection law, and it can undermine trust with candidates before they even join.
Before requesting a criminal check, you need to know which roles qualify — and which do not.
Not all checks are equal — and not all are legal
The UK system offers several levels of criminal record checks. Each provides a different level of information and is governed by specific legal conditions.
When each check can legally be used
Basic
Unspent convictions only. Available for any role, with no eligibility restrictions.
But usage still needs to be proportionate. Defaulting to Basic checks across all staff — regardless of role — can signal a blanket policy, which may not be lawful under UK GDPR.
Standard and Enhanced
These checks are limited to roles listed under the Exceptions Order to the Rehabilitation of Offenders Act 1974.
Examples include:
- Legal, accountancy, and financial positions
- Healthcare and teaching roles
- Jobs involving access to vulnerable people or sensitive data
Enhanced checks add police intelligence that’s relevant but not necessarily conviction-based.
If the role is not explicitly exempt under the law, you cannot legally request these checks.
Enhanced + Barred List
Strictly reserved for regulated activity involving children or vulnerable adults — as defined in the Safeguarding Vulnerable Groups Act.
Includes:
- Unsupervised contact with vulnerable people
- Personal care responsibilities
- Certain frontline education and healthcare roles
Barred list checks are not permitted unless the role meets this legal threshold. Requesting them for ineligible roles is unlawful — even if the role seems “sensitive.”
PVG Scheme (Scotland)
In Scotland, regulated roles are managed under the Protecting Vulnerable Groups (PVG) Scheme, which includes continuous monitoring.
Employers must register interest in PVG Scheme members and will be informed of any relevant changes over time.
What happens if you overcheck
Requesting a higher-level check for a role that does not legally qualify is a breach of the Data Protection Act 2018.
Consequences include:
- ICO investigations or enforcement
- Candidate complaints or tribunal action
- Suspension of access to disclosure services
- Long-term reputational damage
Unlock regularly reports cases of employers requesting checks they were not entitled to — often based on assumptions rather than legal criteria.
How to check eligibility before making a request
- Use the DBS eligibility tool to confirm the role qualifies
- Review the job description and match duties to legal exemptions
- Confirm whether regulated activity applies (for Enhanced + Barred List or PVG)
- Only request through registered umbrella bodies or official disclosure routes
- Clearly explain the purpose of the check to candidates and retain written consent
If in doubt, do not escalate the level of check — escalate the question to someone qualified to advise.
Want help getting it right — not just legal?
Understanding eligibility is only the first step.
We’ve put together a guide that covers:
- What different check results actually mean — and how to read them fairly
- How to store and handle certificates without breaching UK GDPR
- The most common mistakes that still catch experienced HR teams out
Download the guide
A Practical Guide to UK Criminal Record Checks for Employers
This resource offers practical clarity:
- What you can and cannot legally request
- How to handle and store results under UK GDPR
- What actually shows up on a certificate — and what to do with it
- When PVG applies (and how it differs from DBS)
- The mistakes that cost time, trust, and compliance
Built for HR, compliance, and hiring teams that want to get this right — every time.
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FAQs
FAQs
This depends on the industry and type of role you are recruiting for. To determine whether you need reference checks, identity checks, bankruptcy checks, civil background checks, credit checks for employment or any of the other background checks we offer, chat to our team of dedicated account managers.
Many industries have compliance-related employment check requirements. And even if your industry doesn’t, remember that your staff have access to assets and data that must be protected. When you employ a new staff member you need to be certain that they have the best interests of your business at heart. Carrying out comprehensive background checking helps mitigate risk and ensures a safer hiring decision.
Again, this depends on the type of checks you need. Simple identity checks can be carried out in as little as a few hours but a worldwide criminal background check for instance might take several weeks. A simple pre-employment check package takes around a week. Our account managers are specialists and can provide detailed information into which checks you need and how long they will take.
All Veremark checks are carried out online and digitally. This eliminates the need to collect, store and manage paper documents and information making the process faster, more efficient and ensures complete safety of candidate data and documents.
In a competitive marketplace, making the right hiring decisions is key to the success of your company. Employment background checks enables you to understand more about your candidates before making crucial decisions which can have either beneficial or catastrophic effects on your business.
Background checks not only provide useful insights into a candidate’s work history, skills and education, but they can also offer richer detail into someone’s personality and character traits. This gives you a huge advantage when considering who to hire. Background checking also ensures that candidates are legally allowed to carry out certain roles, failed criminal and credit checks could prevent them from working with vulnerable people or in a financial function.
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