House of Commons Library Publishes New Briefing on Criminal Records and the Record Deletion Process

The House of Commons Library has published a new research briefing on criminal records in England and Wales (CBP-10756, published 24 July 2026). The briefing addresses two questions at the centre of our work: how an individual can apply to have a record deleted from the Police National Computer, and what is disclosed in a criminal record check.

Commons Library briefings are prepared by Parliament’s research service. This one is published in the constituency casework series, which is the material MPs’ offices use when answering questions from constituents. Parliament does not produce standard answers for questions nobody asks. Enough people are contacting their MPs about police records and DBS checks that every constituency office now has a briefing on the subject.

What the briefing covers

On deletion, the briefing confirms the framework we work within every day. Records on the PNC are owned by the chief officer of the force that entered them. Chief officers have discretion, in exceptional circumstances, to delete the records they own, including cautions and any non-conviction outcome. Court convictions cannot be deleted through this route. Applications are made through the Record Deletion Process administered by ACRO, and the National Police Chiefs’ Council guidance sets out examples of the circumstances in which deletion should be considered. The briefing also notes two important limits: a person cannot apply while an investigation into them remains ongoing, and a conviction can only be challenged by way of an appeal.

On checks, the briefing sets out the four levels of DBS check, from the basic check showing unspent convictions through to the enhanced check with barred lists. It explains the filtering rules, under which some older and less serious cautions and convictions stop being disclosed on standard and enhanced checks. It also covers the disclosure of non-conviction information on enhanced certificates, where the police apply a case-by-case test of relevance.

What it means in practice

The briefing is accurate, and it is a welcome, authoritative summary of the regime. A summary is all it sets out to be. It will not tell you whether your own application is likely to succeed, because the Record Deletion Process is discretionary. There are no set criteria, the decision rests with the chief officer, and applications succeed or fail on how well the recognised grounds are identified, evidenced and presented in the individual case.

For the practical detail, see our guides on how the Record Deletion Process works, what an acquittal leaves on your police record, and what happens to your record when charges are dropped. On the checks side, our guide to what can show on an Enhanced DBS check covers the non-conviction disclosure the briefing touches on.

If you are considering an application, our record deletion after acquittal service and arrest record deletion service explain how we prepare and present these applications. Our police caution removal service covers the equivalent work for cautions.

The full briefing is available on the House of Commons Library website.