Criminal record check standards

Please be aware, temporary pre-employment check measures were put in place during the COVID-19 pandemic. Some of these measures have now come to an end, will be coming to an end soon, or have been incorporated into permanent arrangements. Please read the information available in our guidance section.
This standard outlines the legal requirements when considering candidates for NHS positions that are eligible for a criminal record check under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975.
The standard includes guidance on:
- the different types of criminal record check (including overseas police checks and those obtained in the UK through the Disclosure and Barring Service)
- eligibility for the different levels of check
- legislative drivers
- what to do when the outcome of a DBS check reveals a positive disclosure
- the DBS filtering rules.
Further useful information
We have also produced a range of resources to aid employers in the understanding and application of the criminal record and barring check requirements.
- Supreme Court judgement on criminal record disclosure webinar (August 2020)
- DBS eligibility tool
- List of DBS check scenarios for a variety of job roles
- The DBS update service
- Positive disclosure discussions guide
Seeking a self-declaration:
- Seeking a self-declaration - guidance for employers
- Model declaration form A (updated Feb 2021 - for use by HR and medical staffing teams)
- Model declaration form B (updated Feb 2021 - for use by HR and medical staffing teams)
There are six employment check standards that employers must undertake as part of their recruitment processes. Read the background information about the purpose of the standards, who they apply to and how to meet compliance and view our frequently asked questions.
Criminal record checks FAQs
The questions and answers below summarise those we are regularly asked by NHS organisations, agencies and third party contractors. They should be read in conjunction with our criminal record check standard.
Please also read our employment checks general FAQ page as an answer to your query may be found on there.
If your query is not covered, please contact the employment checks team.