A DBS check does not produce a pass or fail result. The check returns a certificate showing what, if anything, is on your criminal record at the level applied for. What happens next depends on the information disclosed and the decision made by the employer, client, or organisation who requested the check.
This guide explains what a DBS certificate actually shows, how employers and clients make decisions about disclosed information, what your rights are, and what the dispute process involves if you believe information has been disclosed in error.
There Is No Pass or Fail
The phrase ‘failing a DBS check’ is widely used but technically inaccurate. The DBS does not assess the information it discloses and does not make a determination about whether someone is suitable for a role. Its function is disclosure: presenting information from criminal record databases so that the requesting party can make an informed decision.
A DBS certificate either shows that there is no information to disclose at the level applied for, or it shows what information is held. If there is nothing to disclose, the certificate states this clearly. If information is disclosed, the certificate lists it. Neither outcome is described as a pass or a fail by the DBS system.
What happens after the certificate is issued depends entirely on the employer or client. They review the disclosed information, consider whether it is relevant to the role, and make their own decision about whether to proceed with the engagement. This is the employer’s or client’s responsibility, not the DBS’s.
What Gets Disclosed on a DBS Certificate
What appears on a DBS certificate depends on the level of check and the information held on relevant databases. A Basic check shows only unspent convictions. A Standard check shows spent and unspent convictions, cautions, reprimands, and final warnings. An Enhanced check adds the potential for locally held police intelligence and, where applicable, a barred list result.
The certificate does not show the full detail of proceedings. It lists the offence, the date, the court or authority, and the sentence or disposal. It does not provide a narrative account of what happened or the circumstances of the case. The employer or client therefore receives a factual record and must make their own assessment of its significance.
For Enhanced checks, the certificate will also confirm whether, and which, barred list checks were included and what the result of those checks was. A certificate that states the applicant does not appear on the Children’s Barred List is a positive result in safeguarding terms, regardless of whether any criminal history is also disclosed.
How Employers and Clients Make Decisions
An employer or client who receives a DBS certificate with disclosed information is not required by law to refuse engagement. The legislation does not specify that any particular type of conviction automatically disqualifies someone from any particular role, with some limited exceptions in regulated sectors.
The expected approach is a proportionate assessment. This involves considering the nature and seriousness of the offence, the relevance of the offence to the role, how much time has passed since the offence, whether it was an isolated incident, and any evidence of rehabilitation or change in circumstances.
In practice, for roles involving children or vulnerable adults, disclosed information that is directly relevant to the safeguarding of those groups is likely to result in a decision not to proceed. Convictions for offences against children, sexual offences, or offences involving serious violence are likely to be treated as disqualifying for most roles in education or care, even if the conviction is old and the sentence has been served.
For self-employed workers, the decision-maker is typically the individual client or parent. Private clients making their own engagement decisions are not bound by formal employer assessment frameworks, although they are acting reasonably and in line with the purpose of the check when they take disclosed information seriously.
Your Rights When Information Is Disclosed
If your DBS certificate discloses information, you have certain rights that it is worth being aware of before any decisions are made.
You have the right to see your own certificate before it is shared with anyone else. The certificate is sent to you, not to the employer or client. You decide whether and when to share it. If you are concerned about the information disclosed, you have time to consider your position and, if necessary, raise a dispute before sharing the certificate.
You have the right to explain the context of disclosed information. If you share your certificate with a client and they have questions about a disclosed conviction or caution, you can provide context. You are not obliged to accept a decision to refuse engagement without any opportunity to respond, although ultimately the decision rests with the employer or client.
If you believe information has been disclosed in error, you have the right to dispute it, as described in the next section.
The DBS Dispute Process
If you receive a DBS certificate and believe it contains an error, you can raise a dispute directly with the DBS. Common grounds for dispute include incorrect personal details, a conviction attributed to you that belongs to someone else, or an offence listed that you do not believe is accurate.
To raise a dispute, you contact the DBS and provide details of the error and the evidence that supports your position. The DBS will investigate and, if the error is confirmed, will issue a corrected certificate free of charge.
For Enhanced DBS checks specifically, there is an additional right if you believe information has been wrongly disclosed by a chief officer of police. In this case, you can refer your case to the Independent Monitor, who is appointed under the Police Act 1997 to review chief officer disclosures. If the Independent Monitor finds that the disclosure was not appropriate, they can direct the DBS to issue a new certificate without that information.
It is important to raise a dispute as soon as possible after receiving the certificate, particularly if you are waiting to share the certificate with a client or employer. The platform through which you applied can provide guidance on the dispute process if you are unsure where to start.
Disclosed Information and Self-Employed Work
For self-employed workers, a DBS check with disclosed information does not automatically end their ability to find work. The impact depends on the nature of the disclosure, the roles they are applying for, and the decisions of individual clients.
Some clients, particularly those with formal safeguarding policies or regulatory obligations, may have clear rules about what disclosures are acceptable. Others, particularly private clients making individual decisions, may be more willing to consider context and circumstances.
Self-employed workers with disclosed information are not prohibited from applying for a DBS check. Applying for the check is a legal act. What is disclosed is a matter of fact, and what decisions result from that disclosure is between the applicant and the client. The DBS’s role ends with the issue of the certificate.
If you are a self-employed worker with historic convictions and you are unsure how they are likely to appear on a DBS check, it may be worth reviewing your own record before applying. You can apply for a Basic check via GOV.UK at any time to see what is currently showing as unspent. For a fuller picture of what would appear on a Standard or Enhanced check, the filtering rules and rehabilitation periods described in the self-employed DBS guide provide useful context.
If you need to apply for a new DBS check following a disclosure, the process is the same as for any self-employed applicant. See our self-employed DBS checks page for a full overview.
How the DBS Filtering Rules Work
Not every conviction or caution will appear on a DBS certificate. The DBS applies filtering rules that remove certain old or minor records from Standard and Enhanced checks. These rules were introduced following a Supreme Court ruling that found blanket disclosure of all criminal record information to be disproportionate.
Under the current filtering rules, an adult caution is removed from a DBS certificate after six years, provided it does not relate to a specified offence. An adult conviction is removed after 11 years if it resulted in a non-custodial sentence and does not relate to a specified offence. Specified offences, which include sexual offences, violent offences, and safeguarding-related offences, are never filtered and will always appear on a Standard or Enhanced certificate.
If you believe that information appearing on your certificate should have been filtered, you can raise this as a specific ground for dispute with the DBS. Filtering errors do occur, and the DBS will investigate and issue a corrected certificate if the information was disclosed in error.
Practical Steps After Receiving a Certificate With Disclosures
If your DBS certificate discloses information that you were not expecting, take time to review it carefully before sharing it with anyone. Check whether the information is accurate. If it is not, you have the right to dispute it before it is seen by a potential client or employer.
If the information is accurate but you believe it should not affect your suitability for the role, prepare a brief written explanation. Many employers and clients are willing to consider context, rehabilitation, and the time elapsed since the offence. A clear, honest account of the circumstances is more likely to result in a fair outcome than no explanation at all.
For self-employed workers, the decision about whether to share a certificate with disclosures sits with you. The certificate is your document. There is no central register that clients can check without your consent, unless you have registered for the DBS Update Service and given them your certificate details.
Common Questions About DBS Check Outcomes
- Can I be refused work because of my DBS certificate?
Yes. An employer or client can decide not to engage someone on the basis of information disclosed on a DBS certificate. The decision is theirs to make, and the DBS does not set rules about which disclosures should or should not prevent engagement. The employer or client should carry out a proportionate assessment of the nature of the conviction, its relevance to the role, and the time elapsed since it occurred.
- Do I have to tell a client about my DBS certificate before they see it?
There is no general legal requirement to proactively disclose convictions before a DBS check is carried out, but there is a legal obligation under the Rehabilitation of Offenders Act 1974 to answer honestly if asked directly about criminal history in connection with an excepted role. For roles requiring Standard or Enhanced checks, spent convictions must be disclosed if asked, because these roles are exempt from the Act’s normal spent conviction rules.
- What is the DBS dispute process?
If you believe your DBS certificate contains an error, you can raise a dispute with the DBS directly. The dispute is reviewed by the DBS, and if an error is confirmed, a corrected certificate is issued. The applicant also has a right to refer their case to the Independent Monitor if they believe information has been wrongly disclosed by a chief officer on an Enhanced certificate.
- Can I appeal if I am placed on the Barred List after a DBS check?
Being placed on a barred list is a separate decision from the DBS check itself, made by the DBS’s barring casework team. It can be appealed to the Upper Tribunal on a point of law or where there has been a mistake of fact. The appeal process is managed through the DBS and, if required, the Upper Tribunal.
- Will my employer be told what is on my DBS certificate?
For most checks, the certificate is sent directly to the applicant. Whether the employer sees the certificate depends on whether you choose to share it with them. However, for organisations using the DBS Update Service status check system, they can see whether your certificate is clear or whether further action is required, without seeing the full detail of any disclosed information.
- What does ‘no barred list information disclosed’ mean on a certificate?
This phrase appears on Enhanced DBS certificates where a barred list check has been included and the check has confirmed that the applicant does not appear on the relevant list. It is a positive result and means the applicant is not barred from working in regulated activity with the relevant group.
This guide applies to self-employed workers in England and Wales only. Self-employed workers in Scotland should apply through Disclosure Scotland. In Northern Ireland, the equivalent service is AccessNI. This page is for guidance only and does not constitute legal advice. If you have questions about your specific circumstances, contact our support team or consult a qualified legal adviser.
Apply for Your DBS Check
Self-employed-dbs.co.uk processes Standard and Enhanced DBS applications for paid self-employed workers in England and Wales. No employer needed. Apply online with digital ID verification available.