Employers can only ask an individual to provide details of convictions and cautions that they are legally entitled to know about. Where a Standard or Enhanced DBS check can legally be requested, an employer can only ask an individual about convictions and cautions that are not protected i.e. should be disclosed to employers. To be legally requested, a position must be included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended) and where appropriate, in the Police Act Regulations (as amended). Please refer to the DBS eligibility guidance for information on which positions this relates to. If an employer takes into account a conviction or caution that would not have been disclosed, they are acting unlawfully under the Rehabilitation of Offenders Act 1974. Employers should conduct a case-by-case analysis of any convictions and cautions disclosed and consider how, if at all, they are relevant to the position sought. It would be advisable for the employer to keep records of the reasons for any employment decision (and in particular rejections), including whether any convictions or cautions were taken into account and, if so, why.