A Disclosure and Barring Service (DBS) check provides a record of an individual’s criminal convictions and cautions. It’s a mandatory step in many hiring processes to help employers assess the criminal history of job applicants or current employees.
If you’ve been convicted of a criminal offence like drink driving, it’s natural to wonder how this might affect your DBS check and career prospects. Read on to find out all you need to know. Parnell and Peel have two decades of motoring offence experience and can guide you through the essential information.
Does Drink Driving Show on DBS? What You Need to Know
Drink driving is a criminal offence, so it will initially appear on a Basic DBS check. However, this can be subject to change. Let us walk you through how this process works.
Understanding DBS Checks
First, let’s cover the basics of DBS checks. There are four levels of checks available:
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- Basic: A Basic DBS check will only show unspent convictions and conditional cautions. Most employers will carry out a Basic check.
- Standard: A Standard check is a higher level of screening. As with a Basic check, the report includes unspent criminal convictions. However, a Standard DBS check will include any ‘spent’ convictions, cautions, and reprimands. You will usually encounter these checks if the role requires contact with children, working with vulnerable people or acting in a position of responsibility.
- Enhanced: This check shows the same details as a Standard check plus any intelligence held by the local police force that’s considered relevant to the role.
- Enhanced check with barred lists: This reveals the same information as an Enhanced check but also discloses whether the applicant is on the DBS list of people barred from carrying out certain activities with children or adults.
What is a Spent Conviction?
Some crimes, such as violent or serious sexual offences, will remain on a criminal record indefinitely. However, many convictions can eventually be ‘spent’ and removed from the record under The Rehabilitation of Offenders Act 1974, which aims to help ex-offenders re-enter the workforce. The Rehabilitation of Offenders Act assigns each sentence a ‘rehabilitation period’. Once this period ends, the conviction becomes ‘spent’. When a conviction becomes spent:
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- You do not have to disclose it to prospective employers.
- You cannot be refused employment solely based on your spent conviction.
- Your conviction will not appear on the most common Basic DBS checks (though it will appear on Standard and Enhanced checks).
If your conviction has not yet passed the rehabilitation period, it will still be classed as ‘unspent’ and appear on a Basic DBS Check. While this doesn’t automatically disqualify you from being offered a job, it may make the process more challenging.
How Long Does Drink Driving Show on DBS?
As mentioned above, a conviction can become ‘spent’ and cease appearing on a Basic DBS check. So, when exactly does a drink driving conviction become ‘spent’?
Most drink-driving convictions, unless linked to a severe offence involving a lengthy prison sentence, have a rehabilitation period and will eventually become spent.
The exact timeline depends on the sentence type and your age. Generally, driving endorsements are considered spent after five years (or two years and six months if you were under 18). This period will start from the conviction date, not the offence’s date. For more detailed information, visit the Rehabilitation Periods section of the UK Government website.
Although a spent conviction won’t appear on a Basic DBS Check, an endorsement will remain on your driving licence for 11 years from the conviction date. Keep this in mind if you’re applying for a job that involves driving.
Filtered Convictions and Cautions
If a conviction is spent, it won’t appear on your Basic DBS check, but it may still show up on Standard or Enhanced DBS checks. That said, there is still hope. Some cautions and spent convictions can be ‘filtered’, meaning they won’t be automatically disclosed on Standard or Enhanced checks.
The filtering process ensures individuals aren’t unfairly penalised for past mistakes irrelevant to their current circumstances. However, the police can still disclose certain filtered information if deemed relevant to the role. For example, a filtered drink-driving conviction could still appear on an Enhanced DBS check if the role involves being in charge of a vehicle.
The filtering process takes the following into account:
- The type of conviction or caution
- The age of the individual at the time of the offence.
- The length of time since the offence was received.
Also, certain convictions and cautions will never be filtered, including:
- Specified offences (e.g. drink driving that caused death or serious bodily harm).
- Any conviction that resulted in a custodial sentence.
Filtering Guide:
Consult our handy table below for further insight into filtering conditions.
Conviction/Caution | Age of applicant when convicted/caution issued | Time elapsed since conviction/caution issued | Conditions for filtering |
Conviction | Adult (18 and above) | 11 years | Filtered unless imposed for a ‘specified offence’ or if a custodial sentence was imposed |
Conviction | Youth (under 18) | 5.5 years | Filtered unless imposed for a ‘specified offence’ or if a custodial sentence was imposed |
Caution | Adult (18 and above) | 6 years | Filtered unless issued for a ‘specified offence’ |
Caution | Youth (under 18) | N/A – always filtered | N/A – always filtered |
Do I Have to Tell My Employer About a Drink Driving Conviction?
Whether you need to disclose a drink driving conviction depends on the nature of your work, the people you interact with in your role, the offence itself, and when you were convicted. We recommend consulting your employment contract or employee handbook for specific guidance related to your role or industry.
In most cases, employers only require information on unspent convictions, like drink driving convictions within the last five years. However, for positions that require stricter background checks, employers may request details of any warnings, cautions, reprimands, or convictions, regardless of when they occurred. These Enhanced DBS checks are especially prevalent in roles that involve working with vulnerable people or children.
Have You Been Charged with Drink Driving? Secure Specialist Legal Assistance Now.
The best way to protect your DBS certificate is to avoid a criminal record. If you’ve been charged with drink driving and have a court date looming, don’t wait – contact Parnell and Peel’s expert solicitors today. With decades of experience handling complex motor offences, we’ll provide legal support and solid defences to secure the best possible outcome for your case.
Call us now on 033 03411690 or make a free online enquiry to discuss your circumstances. All submissions are confidential, and you’re not obligated to proceed with our services. Alternatively, review our client testimonials and case studies to see how we’ve successfully helped others in your position.