Removing a Record of Arrest

Your case has concluded, you have been found not guilty or the decision has been made to take no further action however, you are left with the record of your arrest which, may be affecting your employment, ability to rent a property, apply to go to university or travel. It may also be that you just feel that it would be unfair for you to live with a criminal record, having not been charged with or convicted of a criminal offence.

In the UK, the Police National Computer (PNC) stores all recordable offences, the record of the offences linked to a person remains until they turn 100 years old, or of course the record is removed via an application made.

At Eventum Legal we provide advice and assistance on taking the necessary steps to apply for the record of an arrest and the biometrics (Fingerprints and DNA) records of a person to be removed. Our lawyers can make an application on your behalf and pursue the application through the appropriate channels with the ultimate aim being to reinstate and preserve our clients clean police record. We are also able to challenge any decisions made by the police which are adverse to our client during this process and robustly represent their position.

The removal of an arrest record is not automatic upon a finding of not guilty or if no charge is brought against the person, and it can be a difficult process. When making an application our specialist team will first of all gather all of the relevant information regarding the complaint against you, the investigation and how the case progressed and eventually concluded. If we have acted for you during this process then we will have all of the required information. If you come to us from a previous solicitor or you have acted alone, we can obtain all of this information from you, your previous solicitor and the police.

Once we have this information we will complete the application for removal on your behalf. It is important this form is completed correctly and as strongly as possible setting out the reasons as to why the record should be deleted, the grounds on which we rely to have the record removed and provide with this any supporting information/legal argument.

Records of Your Biometrics

Biometrics are your fingerprints and DNA profiles, usually taken at the custody desk when arrested. If you are arrested your biometric details will be entered onto the PNC alongside your personal details and the details of your arrest. Your biometric information will be either retained or destroyed depending on whether you have been convicted or not.

Retention Period for Individuals Convicted of an Offence:

Situation	Fingerprint and DNA Retention
Adult convicted (including cautions, reprimands and final warnings) of any recordable offence	Indefinite
Under 18 convicted (including cautions, reprimands and final warnings) of any qualifying offence	Indefinite
Under 18 convicted of a minor offence	1st conviction: Five years, plus the length of any custodial sentence or indefinite if the custodial sentence is five years or more. 2nd Conviction: Indefinite

Retention Period for Individuals Not Convicted of an Offence

Situation	Fingerprint & DNA Retention Period
Any age charged with but not convicted of a qualifying offence.	Three years + two year extension if granted by District Judge (or indefinite if previously convicted of a recordable offence which is not excluded)
Any age arrested for but not charged with a qualifying offence.	Three years if granted biometrics commission + two year extension if granted by a District Judge (or indefinite if previously convicted of a recordable offence which is not excluded)
Any age arrested for or charged with a criminal offence.	None (or indefinite if there is a previous conviction for a recordable offence which is not excluded).

Frequently Asked Questions

What is the PNC?

The PNC is a computer system for England and Wales governed by section 27(4) of the Police and Criminal Evidence Act 1984. It is used to record convictions, cautions, reprimands and warnings for any offence punishable by imprisonment and any other offence that is specified within regulations. Since 2013, the PNC has been managed by the Home Office and is used by all police forces in England and Wales.

Can Cautions be Removed from the PNC?

It is only in exceptional circumstances that the police will remove a caution. What is defined as 'exceptional circumstances' can be found in Annex A of the National Police Chief's Guidance.

Appealing a Decision if the Police refuse to delete a Caution

There is no formal appeals process to challenge a decision made in relation to the deletion of police cautions.

If you do not agree with the decision you should, in the first instance, make representations to the relevant police force. This should usually be done no later than three months from the date that you received the original decision. Your representation will need to provide information or 'evidence' which was not provided in your previous application.

If you believe that the police are holding information that is inaccurate, incomplete or has been retained for longer than necessary and your request to have it deleted has been refused. then you could consider making a complaint to the Information Commissioners Office. If, having followed the process set out above , you remain dissatisfied then you may have the right to seek a judicial review.

What Eventum Legal Can do For You

It is important to us that if our client is found not guilty, or no further action is taken then we put them back in the position they would have been in prior to their arrest. This means working to remove the records of arrest and any biometric information taken.

Contact us if you would like to discuss the process in more detail, your case and our work in assisting you in removing your record on the Police National Computer.

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Removing a Record of Arrest