Our client had been issued a police caution for possession of a firearm with intent. The allegation was over 15 years old, but was still having a significant impact on the client’s professional career.
The police were initially resistant to deleting the client’s caution, however we were able to persuade the police to reconsider our representations, and they eventually agreed to delete the caution.
Now that the caution has been deleted, the client will have a clean “criminal record”.
The police had agreed to not only expunge the caution, but also to expunge the entire Police National Computer (PNC) record. This means that when a PNC check is undertaken by the police, the client will return a “no trace” record. This will therefore mean that a standard DBS check will be clear, and also it is very unlikely any information will be disclosed on an enhanced DBS check.
Had the caution remained on the PNC (as the type of offence the client had been issued the caution for is on a proscribed list of offences) it would have been permanently disclosed on both a standard and enhanced DBS check – this would have effectively destroyed the client’s career. It also would have made it very difficult for the client to obtain visas for countries such as the US, Australia or certain Middle Eastern countries.
The government is currently consulting on the introduction of a new super-database for the police. This will combine two existent databases, the PNC and the PND and other systems, into one unified dataset for the police to use:
Liberty, the human rights group, has withdrawn from the consultation process on the proposed database over concerns about the “grave” risks it poses to privacy.
It is possible, with the police casting a wider and more effective net when it comes to data collection and retention, that more information, and at a greater frequency, will be disclosed on enhanced DBS checks.
If you are a health care professional, a teacher, or if you work in security or another trusted profession, then you will require an enhanced DBS check when going through the employment screening process. The police retain a broad discretion as to when and what they can disclose on an enhanced DBS check, and this information does not have to related to actual convictions or cautions, but can be simple allegations that were never proven, or even allegations that you didn’t know about.
If you are worried about information the police retain on you, then please get in touch. Along with applying for the deletion of cautions, old style youth warnings, PNDs, PNC records and conditional cautions, we are also able to apply for the deletion of local police records.
We are also often instructed to challenge the disclosure of information on Enhanced DBS certificates. If you have had information unfairly disclosed on an Enhanced certificate, then please get in touch.
In addition have had significant success in applying for people to be removed from both the children and adults barred lists, as well as resisting proceedings to be placed on either list.
Please get in touch today to discuss any police record deletion case or DBS related enquiry.
We can usually offer reasonable fixed fees – unfortunately we do not offer legal aid.