Deletion of Police Records

Police Record Deletion

We have had police cautions and PNC arrest records deleted for Actual Bodily Harm (ABH) cases, common assault, child neglect and cruelty, possession of cannabis, possession of cocaine, possession of MDMA, possession of Ecstasy, possession of MCAT (Mephedrone), possession of Indecent images, grievous body harm (GBH), assault by beating, soliciting, indecent assault, sexual assault, abuse of a position of trust, assaulting a police officer, assaulting an emergency  worker, drunk and disorderly, criminal damage, arson, theft, fraud and related offences, unlawful sale of medicines, being drunk in charge of a child in public, possession with intent to supply class A, B and C drugs, racially aggravated assault and public order offences, harassment (with and without threats of violence), stalking, public order offences including section 4 and 5 Public Order Act offences and affray, outraging public decency, indecent exposure, voyeurism, firearms/shotgun offences, sexual activity with a child, sale of steroids, malicious communications and related offences, the possession of a pepper spray (technically a firearm) and other allegations.

We will be able to help you with any form of case related to the retention of police records. As we have extensive experience of defending criminal proceedings, we know the areas to look out for when applying to delete police records – including looking for defects in police procedure.

Even if your caution, or other type of police record is very old, we will be able to help you. We have been able to overturn unfairly issued cautions that were issued many years ago, along with robustly challenging cautions that have been issued more recently. 

Community Resolutions 

Along with applying for the deletion of police cautions, we also have extensive experience of overturning unfairly issued community resolutions.

Although a community resolution is always portrayed as being a soft and easy option, they can have very serious consequences.

If you are, or you are hoping to, work in a trusted and regulated profession, then a community resolution can, and often will, show up on an Enhanced Disclosure and Barring Service (DBS) check.

Many regulatory bodies, such as the GMC, require community resolutions to be disclosed, which may precipitate disciplinary proceedings. A community resolution requires a formal admission of guilt, and so will be viewed by a regulatory body as being an admission to a crime.  

 Youth records

 If you have received a youth caution (or old style reprimand or waning) then we will be able to help. We have had many youth records deleted from the Police National Computer (PNC).

Recent changes to the law means that youth cautions that have been issued for “unfilterable” offences will no longer be automatically disclosable on a standard and enhanced DBS check. Youth cautions (including reprimands and warnings) but can still be disclosed as “relevant” information on an enhanced DBS check. 

Youth records will still be retained on the PNC until a Data Subject is 100 years of age. If you have a youth record, an ACRO Police Certificate, which is required for overseas Visas and citizenship applications,  will  produce a “no live trace” record. A “no live trace” record will often trigger a request for further information when undergoing a Visa/citizenship application. 

Arrest Record

If you have been arrested, but were never charged or cautioned, or you were charged, and the matter was dropped or you were acquitted, then your records, including the offence for which you were arrested, will be retained, indefinitely on the PNC. An arrest record can trigger the disclosure of information related to your arrest on an enhanced DBS check.  We have extensive experience of deleting PNC arrest records, for a wide variety of allegations and circumstances. 

Local Record Deletions

 Even if you were never arrested, but you were questioned about an allegation, then the police will create a record which will be held locally at the police station, and also usually is placed on the Police National Database (PND). Minor incidents, such as where a harassment PIN/warning has been issued, will typically be recorded on the PND and local systems. 

The PND is an “intelligence” database that the police can refer to when investigating crime, and can also refer to it when reviewing whether information should be disclosed on an Enhanced DBS check. Locally held/PND records can be disclosed as “relevant information” on an enhanced DBS check, and therefore can cause issues when applying for jobs in the regulated sector. 

We have extensive experience and knowledge of applying for the deletion of locally held police records under the Data Protection Act 2018 and the GDPR.

Where local/PND records can not be deleted, and they are causing issues with respect to a DBS certificate, we have many years of experience in challenging disclosure on Disclosure and Barring Service (DBS) certificates.

To find out more about our DBS certificate and Barring Services, please click HERE.