Applying for a job that requires a Disclosure and Barring Service (DBS) check can be stressful, especially if you have pending criminal charges. Many applicants are unsure whether these charges will appear on their DBS certificate or how they might affect employment opportunities. Understanding how the DBS treats ongoing cases can help both applicants and employers navigate this process confidently.
You can start your DBS check online quickly and securely at CRB Direct.
Do Pending Charges Show Up on a DBS Check?
Yes, pending criminal charges can appear on certain types of DBS checks, depending on the level of the check requested.
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Basic DBS Check: Only shows unspent convictions. Pending charges will not be displayed.
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Standard DBS Check: May show convictions, cautions, reprimands, and warnings that are not filtered, but usually not pending charges.
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Enhanced DBS Check: This is the most detailed level and can include relevant information held by local police, even if the charges are pending or the person has not yet been convicted.
This means that, in some cases, the police may disclose pending cases if they believe it is relevant to the role being applied for — particularly if it involves working with children or vulnerable adults.
How Pending Charges Affect Job Applications
Employers have a legal and ethical duty to ensure they hire people suitable for the roles in question, especially where safeguarding is involved.
If a pending charge relates to a serious or relevant offence, an employer might choose to delay the hiring decision until the case is resolved. However, employers must still comply with the Rehabilitation of Offenders Act 1974, which protects individuals from discrimination based on certain spent convictions.
Transparency is often the best approach. Applicants are encouraged to disclose pending charges when asked, as failure to do so could damage trust if the information later appears on an Enhanced DBS certificate.
How Employers Should Handle Pending Charges
Employers should treat pending charges carefully and fairly. They should:
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Assess relevance – Consider whether the charge is directly related to the job duties.
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Avoid assumptions – A pending charge does not mean guilt.
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Ensure confidentiality – Any disclosed or discovered information must be handled in line with GDPR and DBS Code of Practice.
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Seek legal or HR advice – Especially in sensitive or regulated industries.
Employers should also be aware that using DBS information unfairly could lead to claims of discrimination or unfair dismissal.
FAQs
1. Will my pending charge automatically stop me from getting a job?
Not necessarily. Employers should assess each case individually and consider the relevance of the charge to the job role.
2. Do all pending cases appear on an Enhanced DBS check?
Not all — only those deemed relevant by the police may be disclosed.
3. Should I tell my employer about a pending charge?
If the job requires a DBS check, it’s best to be honest and upfront, especially if the charge could be relevant to the position.
4. Can I apply for a DBS check while under investigation?
Yes, you can still apply for a DBS check even if you have pending charges. The results will depend on what information the police decide to include.
Understanding the impact of pending criminal charges on DBS applications helps both employers and applicants act responsibly and transparently — maintaining trust, compliance, and safety in the workplace. For more guidance or to apply for your DBS check, visit CRB Direct.
