Do You Want To Remove Police Records?
Get in touch today for details on how we can help.Learn More
Can An Arrest Be Removed From Your Record?
Where a person has been arrested on suspicion of being involved in a recordable offence, has been charged with such an offence or has been informed that they will be reported for such an offence, the police have the power to take biometric data, including DNA and fingerprints.
However, there is a process, if eligible, whereby you can apply to have your DNA, fingerprints, photograph and Police National Computer (PNC) records deleted. This is information held on national police systems. In order to do this, you will need to complete and submit a record deletion application form to the ACRO Criminal Records Office – we are able to help you with this.
Unbiased Legal Advice
Company Founded In 2016
Over 15 Years Of Experience
What Is A ‘Recordable Offence’?
A recordable offence is one in which the police are required to keep a record. These relate to imprisonable offences but do, however, include a number of non-imprisonable offences.
The Police and Criminal Evidence Act 1984 (Code D Annex F) requires an individual’s biological material DNA sample to be destroyed 6 months after it is taken. (The only exception is if it would need to be required for disclosure as evidence in a case.)
DNA is stored on the National DNA Database (NDNAD). Fingerprints are scanned electronically from an individual in police custody and are stored on the National Fingerprint Database (IDENT1).
The Protection of Freedoms Act 2012
The Protection of Freedoms Act 2012 followed on from the judgement in S and Marper v UK 2008, in which the European Court of Human Rights found that the “blanket and indiscriminative” retention of DNA from non-convicted individuals violated Article 8 of the European Convention on Human Rights.
The key characteristic of the framework introduced by the Act does ‘not now’ permit the indefinite retention of biometric material unless the person from whom it was taken is, or has been, convicted of an offence.
In the absence of a conviction, in certain circumstances, it may be held for a specified period before being destroyed unless further retention is authorised.
Record Deletion Application Process
There are a number of ‘grounds’ to which an application can be made for the record deletion process, which include the following:
- Unlawfully taken
- No crime
- Malicious/false allegation
- Proven alibi
- Incorrect disposal
- Suspect status was not clear at the time of the arrest
- Judicial recommendation
- Another person convicted of the offence
- Public interest
Once complete, the application will be reviewed and considered by a chief officer of the force in question. Careful consideration will be given to the grounds and representations made against local information, which is held by that force. The guidance requires forces to respond within 28 days, but this is not always possible.
We assist eligible clients on a privately funded fixed fee basis in applying for the early deletion of records such as DNA, fingerprints, photographs and Police National Computer (PNC) records.
Please get in touch with our team of legal specialists on 0800 2335822, that can assist you in the completion of the record deletion application form and submission to the ACRO Criminal Records Office.
Our Frequently Asked Questions
what our clients say
Past Client Testimonials
Rated Excellent- 4.9/5
"I couldn’t thank SJB Legal enough. Before meeting them, I was stressed and anxious, but thanks to Stephen, I have been reassured since the first contact. Stephen addressed the problem immediately and explained to me exactly what to do in the next steps. You are always sure that you are in good hands and that your case will be dealt with in the best possible way. Thank you for being very professional."