Medical Student Deletes Arrest Record After Previous Lawyer’s Application Was Refused
The Situation:
What Our Client Was Facing
Our client was a medical student, part way through their degree. They had been arrested following an allegation of sexual assault. The matter never went any further. No charge was brought and the case was closed. But the arrest remained on the Police National Computer, where records of this kind are kept until a person reaches 100 years of age.
For a young person at the start of a medical career, that was a heavy thing to carry. The course required Enhanced DBS checks, and there would be many more over a working life in medicine. Whether or not the arrest would ever be disclosed, the possibility was always there, and so was the knowledge that an allegation of that nature sat against their name on a national police database. The family had already tried to deal with it. They had instructed another lawyer to apply for deletion, and that application was refused.
They came to us worried, and very anxious about their child’s future.
NEED HELP DELETING AN ARREST RECORD?
Our Approach:
How We Challenged the Caution
A fresh application needed to put the case on a different footing from the one that had already been refused. We went back through the whole matter from the beginning and made a new application. We were open with the family from the start that the force might refuse to look at the case again on the basis that it had already been decided.
The Outcome:
How We Helped
The application succeeded and the arrest record was deleted from the Police National Computer.
With the record gone, our client no longer has to live with the worry of it surfacing on a future check, or with the knowledge that an allegation of that kind remains on file against their name. They can put an unhappy period behind them and get on with their studies and their career.
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Why This Case Mattered — and What Others Can Learn
This case shows that a refused application is not the end of the matter. The record had been refused once before we were instructed, and a fresh application reached a different result.
It also shows how much turns on the way a case is prepared and presented. Two applications can ask for exactly the same thing and still be very different pieces of work. The facts of this case did not change between the first application and the second. What changed was how thoroughly the case was investigated, how the evidence was gathered, and how the application was put together. That made the difference between a refusal and a deletion.
Finally, it shows that the harm done by an arrest record is not only about what an employer might one day see. For many of our clients, it is the record itself, and the thought of it sitting there for the rest of their lives, that weighs most heavily. Deletion lifts that weight.
If an application to delete your arrest record has been refused, or you want to know whether yours can be challenged, Legisia’s Arrest Record Deletion service can assess whether there is a realistic basis to do so.
Q&A
Can I apply again if a previous deletion application was refused?
In the right circumstances, yes. The police may decline to reconsider a case they regard as already decided, so a fresh application needs to be approached carefully. In this case the record had been refused once, and a fresh application still succeeded.
Will an arrest with no charge show on an Enhanced DBS check?
It can, although it is not automatic. An arrest that led to no further action is not a conviction or a caution, but the police can disclose it on an Enhanced DBS certificate where they consider it relevant. Many people find that the uncertainty itself is the hardest part to live with.
Explore real stories of individuals just like you who turned to us at pivotal moments and how our timely legal intervention helped protect their future, dignity, and livelihood.