Criminal Background Check United Kingdom

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Criminal Background Check United Kingdom

The Embassy cannot provide criminal records information for individuals who have visited or resided in the United States or for U.S. citizens who have visited or resided in the United Kingdom.Previously it was possible for employers to obtain relevant criminal records through use of an individual's right of access to personal data under the Data Protection Act 1998, normally referred to as a subject access request. If employers are experiencing criminal record check requests more frequently, and it is decided that there is an identifiable risk to the business or its customers which justifies a criminal record check, employers should obtain the employees' consent. Therefore, whilst employers may be facing increasing pressure from their customers to carry out criminal record checks, and therefore requiring checks to be carried out is relevant in many business' strategies to win business, this in itself it is not a defence to data protection challenges. Local Police Check: Contact the local police department where you reside or last resided in the United States to request that the police conduct a criminal records search and provide you with a document reflecting that there is no history of a criminal record.

In view of the recent spotlight on criminal record checks, it is a good idea for employers to update or design their background check policy, detailing clearly what type of checks will be carried out in the recruitment process, and on an ongoing basis. It may be possible to re-allocate employees who do not provide consent to criminal record checks to a role/position where they do not require these checks. Employees who either have spent convictions, or those who do not consent to criminal record checks must be treated with care.

To avoid sanctions under the DPA, employers should comply generally with the core data protection principles (e.g. that data should be processed fairly and lawfully, that it should be kept secure, that it should not be kept any longer than necessary etc.). Additionally, guidance from the Information Commissioner's Office (‘ICO') suggests that to minimise risks of data protection breaches, employers should explain as early as is reasonably practicable in the recruitment process (i) the nature and (ii) the method of obtaining criminal records information. Employers will not be able to force employees to agree to criminal record checks, as this could be considered one of the following: In the UK there are three tiers of criminal record requests carried out through the Disclosure and Barring Service (‘DBS'): a criminal conviction certificate (‘CCC') (previously known as a basic disclosure), a criminal record certificate (‘CRC') (previously known as a standard disclosure), and an enhanced criminal record certificate (‘ECRC') (previously known as an enhanced disclosure)

Apply for a basic Disclosure and Barring Service ( DBS ) check to get a copy of your criminal record. Subject access request to ACRO database - it is not legal to use it for employment purposes any longer, as the enforced subject data request relating to employing or contracting an individual became a criminal offence under the Data Protection Act as of March 2015. So, in March 2015 it was made a criminal offence to require employees or a third party to supply such records in connection with recruitment, employment, or any contract for the provision of services.

If there is a reason to ask employees to consent to criminal record checks, this must be handled with sensitivity. Most employers know that they cannot carry out a criminal record check without the employee's consent. Employers are experiencing more and more requests from their customers to ensure they have carried out certain types of background checks on their workforce.

FBI Records Check: The Criminal Justice Information Services (CJIS) Division of the Federal Bureau of Investigation (FBI) centralizes criminal justice information and provides accurate and timely information and services to local, state, federal, and international law enforcement agencies, the private sector, academia, and other government agencies. Employers can check your criminal record no matter what role you apply for. Any information about criminal charges or convictions will be sensitive personal data under the Data Protection Act 1998 (‘DPA') which is subject to enhanced legal protection.

However, employers are not entitled to ask for any other aspect of this information as of right, and each of the other checks should only be requested if it is strictly relevant to the role and/or it can be justified by an identifiable risk to the company and/or its customers.

https://www.uky.edu/police/

https://ukhealthcare.uky.edu/wellness-community/volunteer-observe/observation-learning-experience

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