In 2013, the Disclosure and Barring Service (DBS), formerly known as the Criminal Record Bureau (CRB), changed the checks which an employer can ask for if you work with children or vulnerable adults. From now on, old and minor convictions or cautions will not be disclosed to an employer.
If you have a conviction and were over 18 the time, the new rules say it will not be disclosed if it was over 11 years ago, was your only crime, didn’t result in prison and your crime does not appear on a list of crimes that are considered ‘relevant to safeguarding’. The same is true of cautions except they will not be disclosed after 6 years if they do not appear on the list. The new rules are here and the list of crimes which will still be disclosed are here
While that is good news for some, the rules still allow old consensual cottaging convictions for gross indecency or importuning to be disclosed to an employer because they are on the list of crimes which are unaffected by the new rules. If you have a consensual gross indecency conviction that happened somewhere other than a toilet, you can apply to get it taken off your record so it will not be disclosed. You can call us for advice or read how here
If you have a historic conviction for consensual sex with someone over 16 in a toilet; it will still be disclosed to your employer if they ask you for a DBS check and you give consent for a check to be done. That should not prevent you from doing any sort of work or volunteering though as there is usually no problem once an employer understands what your conviction means.
For advice on LGBT related DBS check issues or consensual sex convictions you can call Galop on 0207 704 2040.