AccessNI Checks, Filtering, and Specified Offences

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AccessNI and what are the different types of checks?

AccessNI is a branch in the Department of Justice.  It's role is to process applications from members of the public and organisations who require a criminal record check for employment purposes. 

AccessNI issues 3 types of check and these are laid out below.

In England & Wales this is handled by the Disclosure and Barring Service (DBS) and in Scotland by Disclosure Scotland. All use the same information on criminal records.

Filtering and what it means

Filtering is a scheme that was originally brought into being in April 2014 to allow the removal of old and minor convictions and non-court disposals from standard and enhanced certificates before they are issued. It does not mean these items are removed from your criminal record, just that they are not shown.

What can be filtered?
Sometimes details of your criminal record won’t appear on your disclosure certificate. This is called ‘filtering’. AccessNI filters convictions and cautions for minor or certain old offences from standard and enhanced checks.

Filtering does not remove convictions or cautions for serious offences or convictions that resulted in a prison sentence.

What cannot be filtered?

AccessNI does not filter:

• a conviction or caution, diversionary youth conference or informed warning for a specified offence
• a conviction resulting in a custodial sentence (including a suspended sentence)
• a conviction for trying to commit a specified offence
• a conviction for encouraging or helping someone else commit a specified offence

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What are specified offences and how do they affect disclosure?

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Specified offences are serious crimes that will always appear on an AccessNI check no matter when the crime occurred or the offender’s age when convicted.

Specified offences include:

• murder, manslaughter, kidnap, hijack, money laundering
• violence
• sexual crimes
• safeguarding or child protection matters
  
  

If you’re convicted of an offence abroad and the foreign authorities share this information with UK police, this offence could appear on your criminal record in Northern Ireland. AccessNI will not filter an offence if it is equal to any on the specified list.

• If convictions are over 11 years old (or 5 and a half years if under 18) these should not appear on an AccessNI standard or Enhanced Certificate, unless ‘specified’.
• If it does contact Niacro immediately to challenge this
• You can challenge this yourself on https://www.nidirect.gov.uk/services/accessni-certificate-dispute-form

IMPORTANT - If the individual was under 18 when they received any non-court disposal, these will now be referred to the Independent Reviewer for consideration, EVEN if these fell into in to a specified category.

This does not imply automatic filtering but depending on the role needing the certificate, these may not be displayed if not deemed relevant.

AccessNI does not filter:

• a conviction or caution, diversionary youth conference or informed warning for a specified offence
• a conviction resulting in a custodial sentence (including a suspended sentence)
• a conviction for trying to commit a specified offence
• a conviction for encouraging or helping someone else commit a specified offence

However, if a significant period has passed since the offending period, even if the offence is classed as “specified”, you can apply to the Independent Reviewer once you have your AccessNI certificate within the 90 disputable period for it to be considered for the offence to be filtered.

It is useful to have supporting evidence such as a CV, education attainment, a disclosure statement and other achievements. The decision of the Independent Reviewer is final.

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