If you’ve been arrested, charged, and then found not guilty, you might wonder what information is held about you by the Police, and whether this means you have a criminal record which might appear on a DBS check for a new job. This article clarifies what a not guilty verdict means for you and your DBS check.
Understanding the Verdict
Navigating the legal system can be challenging, and being arrested and charged is often a scary or confusing experience, especially when you’re certain that you have not committed the crime which you are accused of. When you’re found not guilty, the verdict often finally brings relief and closure. If you are found not guilty, this is known as an acquittal. The judge, sheriff or magistrate will tell you that you are free to leave the court immediately, allowing you to continue with your life without a criminal record. However, it’s important to note that information about the court case, including an acquittal or "No Further Action," can sometimes appear on an Enhanced DBS Check as police are allowed to disclose relevant information under certain circumstances.
Will Being Found Not Guilty Show on a DBS Check?
There are three levels of DBS checks: Basic, Standard, and Enhanced, each providing different levels of information:
- Basic DBS Check: Focuses on unspent convictions and cautions, so no information about not guilty verdicts will be disclosed.
- Standard DBS Check: May disclose spent convictions and cautions, but not other information like not guilty verdicts.
- Enhanced DBS Check: May also include additional relevant information held by the police. If the police believe that details of your case are important for an employer to know, they may include it in the DBS check, even if you were not found guilty. If such information is shared, it will clarify that you were found not guilty or that the case was dropped.
Dealing With a Not Guilty Verdict
It is important to remember that receiving a not guilty verdict does not mean you have a criminal record. Although there is a lot of discussion around DBS checks, it is also important to remember that only a few jobs actually need a police criminal records check and it is entirely possible to go through a whole career without ever having one. A basic or standard DBS check will not ever reveal a not guilty verdict either.
Only people who are asked to apply for an enhanced DBS check for work with vulnerable groups in setting like education or healthcare may find that their not guilty verdict is an issue. Even then, police don’t automatically disclose all of the information they hold on their database about you. They will look at the circumstances of the offence, whether the not guilty verdict was a one-off or part of a pattern of being arrested and charged and the type of work you are thinking of doing. It is unlikely that the police would choose to disclose a single not guilty verdict on an otherwise squeaky-clean record.
