References to EU regulation or EU websites in our guidance will not be an accurate description of your obligations or rights under UK law.read more
Criminal record disclosure certificates are the property of the individual who applies for them, and to whom the
information relates. That person can choose to keep the disclosure for as long as they wish, or to destroy it.
If you, as their employer, want to retain their disclosure certificate – or keep a copy of it – you must get their
permission. If they agree to you doing so, you must store the document in a secure environment so that only individuals
with a legitimate reason to see the disclosure can do so.
If you do not retain the certificate, you must keep a record of the disclosure number shown at the top of the
certificate, or other such identifier, and the date of issue.
There are no limits to how often a basic disclosure can be applied for, but the full fee will have to be paid each
As an employer, you should bear in mind that the information in the disclosure is only as current as the day on
which it is issued.
Disclosures do not carry a pre-determined period of validity because a conviction or other matter could be recorded
against the person who has obtained the disclosure at any time after it is issued, e.g. the following day.
The CAA advises that disclosure certificates including those issued overseas, can be considered valid for up to 10
weeks from the date of issue. This does not include any period that CAA is considering an application for a certificate
of disregard or subsequent appeal.
If an overseas criminal record certificate is more that 10 weeks old but that person has not returned to that
country since the date of issue (the date of issue can be up to 10 weeks prior to their date of departure) then that
certificate will be deemed valid.
A criminal record check (basic disclosure) certificate needs to be renewed at the same time as the airport
identification card is renewed. It is up to airport managers to decide how long permanent airport identification cards
are valid for, but this cannot be longer than 5 years.
There is no warning system in place to notify an employer about convictions made against an employee already in post
who has previously successfully undergone a criminal record check (basic disclosure) and background check. In aviation,
this includes for those currently holding an airport identification card.
It is recommended that employers should consider inserting a condition in employment contracts that requires
employees to inform them if they are convicted of a disqualifying offence between any new disclosure.
Airport managers are advised to withdraw any airport identification card if they are no longer satisfied that the
person is fit to hold the card.
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