Does No Further Action show on a DBS check?
Does No Further Action show on a DBS check?
If you’re considering an application that requires a DBS check and you’ve previously been arrested but received an outcome of No Further Action (NFA), you may well be wondering, “Does No Further Action show on a DBS check?”
At the time you received a no further action outcome, it may have been a relief. However, if you now require a DBS (Disclosure and Barring Service) check, you are likely wondering whether it will be retained on your record and whether it will impact your application for a new job, housing, university, or even travel.
In this article, we’ll provide a solicitor’s insight to expertly answer the question does no further action shows on a DBS check? We’ll explain what NFA is, when it might show on the DBS check, how long it may remain on your record and explain how you may be able to request that NFA be removed from your record.
Quick answer: Does No Further Action (NFA) show on a DBS check?
If you have been arrested and get an outcome of no further action (NFA), this does not usually appear on a standard or basic DBS check. However, NFA can show on an Enhanced DBS check if the police consider it to be relevant for safeguarding in the specific role you are applying for.
What does No Further Action mean?
An outcome of No Further Action, or NFA, means that the police or Crown Prosecution Service (CPS) have decided to close their investigation into you and will not bring any formal criminal charges. This outcome usually occurs because the police or CPS have decided there is insufficient evidence for a conviction or that prosecuting you is not in the public interest.
Usually, you will be notified that you have received an outcome of NFA by an official NFA letter. Unfortunately, there is no set time limit on how long it takes to receive a no further action letter. The length of time it takes to receive an NFA letter depends on the complexity of the case and the investigation being conducted.
In some cases, you may receive an NFA outcome in just a few hours. In others, more complex cases, it can take weeks or months. For more guidance on how long it will take to receive a no further action letter, read our detailed guide on the subject.
Does NFA show on a basic DBS check?
No, an outcome of NFA will not show up on a basic DBS check. This is because a basic DBS check only shows any unspent convictions.
Does NFA show on a standard DBS check?
No, an outcome of NFA will not show up on a standard DBS check. This is because standard DBS checks include any spent and unspent convictions, as well as cautions. Since an NFA outcome is not a conviction or caution, it will not show up on a standard DBS check.
Does NFA show on an enhanced DBS check?
This is where an NFA outcome could show up on a DBS check. Enhanced DBS checks are much more comprehensive than a standard or basic DBS check. They can include any information determined to be relevant to the application you are making, which includes potential arrests and investigations with an outcome of NFA.
NFA could be disclosed on an enhanced DBS check if, for example, you are applying for a job involving children or vulnerable adults, and they feel this is important for your employer to know in order to effectively safeguard.
Can an arrest show on an enhanced DBS check if you were not charged?
Yes, the NFA can be disclosed even if you were not charged, the allegation was unproven, a complaint was withdrawn or if there was insufficient evidence. The decision to disclose NFA details is based on a risk assessment, and not whether there was proof that the allegation was true.
If NFA is showing on your enhanced DBS certificate and you believe this is unfair and should not be disclosed, you could challenge this by raising a dispute with the DBS.
How long does NFA stay on your police record?
Even though NFA does not go on your criminal record, it is recorded on the police database, known as the Police National Computer. The Police National Computer holds records on an individual until you are 100 years old, so technically, your outcome of NFA could be held on police records until you are 100.
It is important to note that while an allegation made against you resulting in an arrest may be recorded on the PNC, this does not mean you have a criminal record. You should only have a criminal record if you have been convicted of a crime or received an official caution.
For more detailed information on no further action and how long NFA can stay on your record, read our blog: NFA meaning: How long does NFA stay on your record UK?
Can you remove NFA information from police records?
If you are concerned about an outcome of NFA being held on police record, you can request that your record of arrest and No Further Action be removed, but usually only in specific circumstances. In most cases, if you have been arrested and received an outcome of No Further Action, provided you have no other convictions or pending convictions, you can request that your record be removed from the Police National Computer.
In fact, if the police continue to retain your data on the Police National Computer, even though you have never been convicted of a crime, received a formal caution and have no unspent convictions, this could be unlawful. This is because police should have reasonable grounds to retain a person’s data, and if they do not, this data should be removed from their database. This is in line with the UK General Data Protection Regulations (GDPR). In this instance, you may also be eligible to make a claim against the police for unlawful retention of data.
To find out more information about when the police may be unlawfully retaining your data, read this article. It is always best to instruct a solicitor for help when requesting that your records be removed from the Police National Computer.
Can you challenge NFA disclosure on a DBS certificate?
Yes, if the outcome of NFA was disclosed on a DBS certificate and you think this is unfair or incorrect, you have the right to challenge this decision. You can do so by raising a dispute with the DBS themselves.
What should you do if NFA appears on your DBS check?
To challenge an NFA disclosure on your enhanced DBS check, you should:
- Act promptly – you must raise a dispute within 3 months of the date printed on your DBS certificate.
- Submit a DBS dispute form – You need to complete a formal dispute form and submit it to the DBS. You can do it online or via post. Visit the Government website for more information on how to do this.
This dispute is then referred to the local police force that provided the information. The Chief Officer of the police will review the NFA information and decide whether they feel it is relevant and proportionate to the role you applied for. If you’re unhappy with the decision or police response following their review, you can then request for the case to be referred to the Independent Monitor. The Independent Monitor acts independently and will review the case and make a final decision on whether the NFA should remain on the certificate or not.
Recap: Does No Further Action show on a DBS check?
To recap, the likelihood that an outcome of No Further Action (NFA) appearing on a DBS check really depends on the level of check required and whether the police think the information is relevant in that instance. The answer to this is usually:
A basic or standard DBS check: No, because NFA decisions are not convictions or cautions so they won’t usually show on these checks.
Enhanced DBS check: Possibly. Even though arrests and NFA decisions do not automatically show up, the police do have the power to disclose “other relevant information” if they believe that this information is important for safeguarding, usually where children or vulnerable adults are involved.
How HNK Solicitors can help
HNK Solicitors have a dedicated team of experienced solicitors who can help with police related claims. If you feel that an outcome of NFA is being held on your police record unlawfully and unfairly, we can help you to apply to have this record removed and assist you in making a claim for unlawful retention of your data.
A claim for unlawful retention of data can help you to gain compensation for any negative impact you have suffered because the police unlawfully retained your data. This includes reputational damage, loss of earnings or being rejected for a job role due to NFA showing on your DBS check.
We have previously helped many clients in a similar situation, including one claimant who received £10,900 from Bedfordshire Police after they were arrested and released with no further action.
For more information, book a free consultation with one of our experienced solicitors. Call us on 0151 668 0809 or email enquiries@hnksolicitors.com. Alternatively, you can fill in one of our online claim forms and a member of our team will be in touch to find out more about your case.
