Did you know that it’s possible to apply for the deletion of police records from the Police National Computer (PNC), National Fingerprint Database (IDENT1) and the National DNA Database (NDNAD)?

The National Police Chiefs’ Council (NPCC) calls this process the “Record Deletion Process.” Locally held records, such as custody records and custody photos, are managed under the Authorised Professional Practice (APP)—Information Management Policy.

 Previously, there was no coordinated procedure for deleting police records, you would need to write to the chief constable of the relevant police force and ask for records, such as arrest records and police cautions, to be deleted.

The NPPC has created a process whereby applications for deletion are sent through a centralised unit called the National Records Deletion Unit, which is part of ACRO’s Criminal Records Office.

You cannot use the early records deletion process to delete court convictions—if you wish to remove a conviction, you will need to challenge it in Court.

Can Biometric Data Be Deleted From Police Records?

If you have been convicted (including cautioned) of a criminal offence, you will not have an automatic right to have your Biometric data records deleted. Biometric data is your DNA profile and fingerprints. If you were a youth at the time, your fingerprints and DNA will be deleted after five years (plus the length of any custodial sentence) unless the offence is a “Qualifying Offence” or indefinitely if your custodial sentence was five years or more or if you have two convictions.

If you were acquitted of an offence, even if you were charged, you have a right to have your biometric records deleted. The period after which records will be deleted is set out according to the type of offence and, in some cases, can be extended if an application is made to extend the retention period. For example, suppose you were arrested or charged but not convicted/cautioned for a minor offence. In that case, your biometric records will be deleted immediately (although a speculative search will be undertaken before their destruction).

Early Deletion of Biometric information and PNC Record

If you provide good reasons, and the chief officer agrees, you can apply to have your biometric data deleted early.

You can also use the record deletion process to delete PNC records, including expunging police cautions and arrest records, providing there is evidence of good grounds for the record’s removal. A police caution can be expunged, but the police can still retain the PNC arrest record. For information regarding police caution procedure, please visit our article here: Police Caution Procedure.

Are There Grounds For Early Police Record Deletion?

Yes, there are several grounds for early deletion. They have been set out by the NPCC as follows:

Unlawfully Taken

Where you believe your DNA or fingerprints were taken unlawfully. For example, this might apply if your arrest was unlawful.

Mistaken Identity

Where you believe that your arrest was unlawful or was based on you being mistakenly identified.

Malicious/False Allegation

Where you have been arrested and charged, but the case has been withdrawn at any stage, and there is corroborative evidence that the case was based on a malicious or false allegation.

Proven Alibi

Where there is corroborative evidence that you have a proven alibi and, as a result, have been eliminated from the enquiry after being arrested.

Incorrect Disposal

Where the disposal options applied by the Police following your arrest have been administered incorrectly, for example, a police caution may have been improperly administered.

Suspect’s Status Was Not Clear at the Time of Arrest

You were arrested at the outset of an enquiry where the circumstances and distinction between the offender, victim, and witness are unclear, and you were subsequently eliminated as a suspect (but you may be a witness or victim).

Judicial Recommendation

If, in the course of court proceedings, a Magistrate or Judge makes a recommendation that your DNA, fingerprints or PNC record should be deleted.

Another Person Was Convicted of the Offence

The conviction of another person for the offence may constitute grounds for the deletion of your DNA, fingerprints, and PNC record.

Public Interest

These are instances where you believe the Chief Officer should determine that there is a wider public interest in deleting your DNA, fingerprints or PNC record.

What Other Reasons Impact Police Record Deletion?

There are additional factors that will affect a record deletion application. These are:

  • Whether there are ongoing investigations or court proceedings.
  • If there is an application to extend the retention period with respect to biometric data.
  • If there are other court convictions.
  • The police may have felt you were culpable but could not prove the allegation.
  • The police may decide that although an allegation was not provable according to the criminal standard (beyond all reasonable doubt/so that it is sure), they strongly feel you were likely guilty.
  • Positive evidence of being eliminated as a suspect – if compelling evidence shows you were not the guilty party, then this will tend to support deletion.
  • The retention of biometric information due to a previous conviction.

The Right Solicitor for Police Record Deletion

If you are concerned about DNA/fingerprint data retention, please contact us. We can apply for the early deletion of biometric records.

If you have been issued a police caution, we may be able to get it removed. We have successfully argued for the removal of many police cautions and arrest records.

Where the police refuse to remove records, we have extensive experience issuing judicial review proceedings to challenge a police decision to retain police cautions, arrest records, and biometric data.

We charge reasonable fixed fees for our services. Get in touch today to speak to a specialist police records deletion solicitor.