We had a caution for malicious communications deleted for a client who had accepted it on the duty solicitor’s advice during an acrimonious separation. The police agreed to delete her police record and biometric data completely.
At a glance
- Record: police caution for malicious communications
- The problem: she was told the caution would not affect her citizenship application or her job, which was wrong
- Key finding: procedural defects, and the evidence did not show she was guilty
- Outcome: police record and biometric data deleted
The background
During an acrimonious separation, our client’s ex-partner made several allegations against her, including that she had sent malicious messages. The police concluded she had sent grossly offensive messages and offered her a caution.
The duty solicitor advised her to accept it, and she did. She was told the caution would not affect her citizenship application or her employment. After leaving the police station she learned what the caution really meant and contacted us.
What we did
We analysed the evidence and found procedural defects in the way the case had been handled. On the evidence, she had not been guilty of sending malicious communications, and we set this out in representations to the police.
The outcome
After a relatively short time the police agreed to delete her police record and biometric data completely.
Think before you accept a caution
A caution can affect citizenship and visa applications as well as jobs, even when you are told it will not. Read should I accept a police caution? and our guide to travelling with a police caution.
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 · Child Neglect Caution Deleted · Theft Caution Deleted for a Visa Application
