Racially Aggravated Assault Caution Removed

We have again had a police caution deleted for a client. The client had been issued a caution for racially aggravated assaulted after a night out.

The client had been drunk at the time and had been accused of assault after his friends had been thrown out of a nightclub. The client was accused of assaulting a doorman in the process of defending his friends, and had also been accused of using racially abusive words.

The client did not accept, despite his intoxication, that he had not acted reasonably, and he did not admit to using the racially abusive words. The police however pressed the client into accepting a police caution, variously telling him that matters would be made worse if he did not admit the allegation, and that the caution would have no serious long term implications.

The client agreed to accept a police caution and hoped to put the incident behind him.

It was only a some time later when he was looking to emigrate for work purposes that the caution became an issue; the caution was indirectly disclosed on his ACRO police certificate. Due to the nature of the allegation, the caution would cause serious difficulties in obtaining a work Visa, also as his employers would be processing his Visa, they would come to know about the caution.

After we were instructed we promptly reviewed all the evidence in the case. We noticed some anomalies in the witness statements, and gaps in the evidence that had not been explored by the police.

Within a relatively short period of time the police agreed with our representations and deleted the client’s caution, the entire PNC record and biometric data.

Now that the caution is deleted the client’s ACRO police certificate will state “no trace” as opposed to “no live trace” .

We have extensive experience in applying for the deletion of police cautions in relation to many different police forces.

Along with applying for the deletion of police cautions, we are also able to assist with the deletion of PNC arrest records, community resolutions, harassment PINs, Penalty Notices for Disorder (PNDs) and local police records held on the Police National Database (PND).

Along with applying for the deletion of police records, we can also assist with challenging DBS disclosures on both standard and enhanced DBS certificates. Our lawyers also have extensive experience in challenging DBS barring decisions; both appealing existing barrings, or resisting a new barring application.

We can also assist with applying for the removal of online records, such as unfavourable news articles under the right to be forgotten (the right to erasure).

Also if you, or a loved one, has received a restraining order, we will be able to assist in its removal or amendment.

In most cases we offer fixed fees, unfortunately we do not offer legal aid.

Please get in touch to arrange an initial consultation.