A note on the current law and best practice for employers seeking to check the criminal records of prospective and current employees, as well as those of other workers and volunteers.

The note considers the spent and unspent convictions regime under the Rehabilitation of Offenders Act 1974 and Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (SI 1975/1023) as amended. It also considers the circumstances in which checks through the Disclosure and Barring Service (DBS) are available.