We persuaded the police to delete a caution for affray that our client had received more than 15 years earlier. His caution and his whole Police National Computer (PNC) record were deleted, and he has since obtained a clear enhanced DBS certificate.
At a glance
- Record: police caution for affray, issued more than 15 years earlier
- The problem: affray is never filtered from DBS checks, and the client was struggling to get teaching roles
- Before us: another solicitor had tried to have the caution deleted, without success
- Outcome: caution and PNC record deleted; clear enhanced DBS certificate
The background
Our client had accepted a caution for affray more than 15 years before he came to us, and he had maintained his innocence ever since.
Affray is on the list of offences that are never filtered from standard or enhanced DBS checks, so the caution would have been disclosed to any employer who asked for a check. He was having serious difficulties getting teaching roles. He had already instructed a different solicitor to apply for deletion, without success.
What we did
We reviewed the evidence and identified defects in the case, which meant the caution had probably been improperly administered. Although the case was old, enough evidence survived to support his application, and we used it to set out why the police should delete the caution.
The outcome
The police agreed to delete the caution. His caution and his PNC record were completely expunged, and he has since obtained a clear enhanced DBS certificate.
We have had other affray cautions deleted too, including for a client who worked in education.
Affray cautions and DBS checks
An affray caution does not drop off DBS checks after six years, because affray is one of the offences that are never filtered. Having it deleted from the PNC is what stops it being disclosed. Our guide to cautions and DBS checks explains how filtering works, and police caution removal explains how deletion applications work.
Could your record be deleted?
Every case turns on its own facts, and a past result does not guarantee the outcome of another case. If a caution or other police record is affecting your work, studies or travel, we can review it and tell you honestly whether there are grounds to apply. Read police caution removal to see how the process works and our fees for costs, or contact us to arrange an initial consultation.
Related case studies: ABH Caution Deleted for a Health Care Professional · Firearms Caution Deleted After 15 Years · Pepper Spray Caution Deleted for a Student
