Employers in England and Wales are making unlawful checks on potential workers, according to an investigation.
BBC Radio 4's Face the Facts programme has discovered that requests have been made to the Criminal Records Bureau (CRB) for information on people applying for jobs such as gardener, train driver and bricklayer.
CRB checks are intended to help vet people who will be working with children and vulnerable adults.
The investigation also found that firms are using CRB checks to uncover spent convictions that applicants do not have to disclose.
According to the CRB it is up to employers to decide if a check is required, but crime reduction charity Narco thinks that the body should monitor applications.
Speaking to the programme, Anthony Scrivener QC, stated he believes the law needs to be changed.
He said: "You really can't rely on the goodwill of an employer if he's given this information. He may be entitled to have it but he should still exercise his discretion."
According to the CRB, it allows organisations to access checks "as part of good recruitment practice".
