Can I get a police caution removed from my record?

Yes, you can get a police caution deleted from the PNC – we have removed hundreds of police cautions and arrest records for our clients. In order to have a police caution removed, the police will need to be convinced that something has gone wrong with the police caution procedure, or that it is no longer in the public interest to retain your police caution. If the police do not agree to delete your caution from the PNC, you can challenge them by either appealing to the Information Commissioners office (ICO) or via judicial review before the High Court.

How long does a police caution stay on your record?

A police caution will stay on your record depending on the type of police caution and what type of background check you are undertaking.

Generally for Basic DBS certificates, police cautions will be “spent” immediately, and will not show up (save for a conditional caution which will show up for a maximum of 3 months).

For standard and enhanced DBS certificates, an adult police caution (both conditional and simple) will show up for six years, unless it is for a “specified offence”, in which case it will show up forever.

All youth cautions will not automatically show up on either a standard or enhanced DBS check, due to a 2019 Supreme court case (youth cautions can still be revealed as “relevant information” on an enhanced DBS certificate).

A police caution will be retained on the Police National Computer (PNC) for 100 years (unless deleted). Along with possibly causing issues on a DBS certificate, a police caution can cause long term issues when it comes to immigration. See here for more details: What is an ACRO Police Certificate?

For a detailed article on this topic, please visit here: Can you appeal a DBS Check? Alternatively please see our Police Caution Calculator to see if your caution will show up on a background check.

Are cautions removed after 6 years?

No – this is one of the most common misunderstandings. After six years, an adult simple caution will normally stop appearing on Standard and Enhanced DBS certificates (a process known as “filtering”) – but the caution itself is not removed. It remains on the Police National Computer until your 100th birthday unless it is deleted.

Even after filtering, a caution can still be disclosed as “relevant information” on an Enhanced DBS check, still appears on an ACRO Police Certificate for visa and emigration purposes, and may still need to be declared in some immigration and citizenship applications. Cautions for “specified offences” are never filtered and continue to appear on Standard and Enhanced checks.

The only way to actually remove a caution from police records is deletion from the PNC through the Record Deletion Process.

Why people think cautions are removed after 5 years

The belief that a caution is removed after 5 years comes from earlier rules. In 2006, ACPO issued guidelines for retaining records on the Police National Computer until the subject reached 100 years of age, but with a process known as “stepping down”, under which some records would, after a given period, only be disclosed for police purposes or for enhanced disclosure. Cautions were stepped down after 5 or 10 years depending on the severity of the offence.

In 2009, a court ruling commonly referred to as the “Five Constables Case” decided that there needed to be a “complete record” of all arrests, cautions and convictions held on the PNC. Records may not be disclosed after certain periods of time, but they are not deleted from the PNC until a person reaches 100 years of age.

The 5 year rule does still apply to ACRO Police Certificates for certain cautions. Cautions for more minor offences, such as low level assaults, are “stepped down” after 5 years: the caution is no longer directly revealed on the Police Certificate, which will instead state “no live trace”. If you have never had a caution or conviction, your certificate will simply state “no trace”. A “no live trace” result can cause difficulties with immigration, as many countries will ask why a certificate says “no live trace” rather than “no trace” – the US and China being notable examples. For a caution for possession of a class A drug, the step-down period is 10 years instead of 5.

How do you get a caution expunged?

In order to get a police caution deleted from the PNC, you need to apply to the police. If the police refuse to remove your caution, you can appeal to either the ICO or the High Court. If you are unsure how to go about applying for the deletion of your police caution, we have extensive experience in applying for the removal of police cautions and arrest records, and we will be happy to help you.

Grounds for deleting a police caution

For the police to agree to remove a caution there must be compelling reasons. The National Police Chiefs’ Council (NPCC) set out in their Deletion Guidelines ten general grounds for deletion:

1. Unlawfully taken – if DNA samples or fingerprints were obtained in violation of legal procedures.
2. Mistaken identity or unlawful arrest – if the record was created due to incorrect identification, such as where someone has been cleared after participating in an ID parade.
3. No crime – if an individual was arrested but no offence occurred. This is not the same as proving your innocence, but is where no crime happened in the first place.
4. Malicious or false allegation – if credible evidence confirms that the allegation was fabricated, deletion may be granted.
5. Proven alibi – if an individual can provide corroborative evidence of an alibi which excludes them from the case.
6. Incorrect disposal – if a caution was issued in error, for example where there was no clear and reliable admission to the allegation, then it should be deleted.
7. Suspect status not clear at the time of the arrest – if the police wrongly classified someone as a suspect, where they are in fact the victim or witness.
8. Judicial outcome – if a court orders record removal.
9. Another person convicted of the offence – if there is no possibility of there being more than one offender, and someone else is convicted, then the record can be deleted.
10. Public interest – if retaining the record is contrary to the wider public interest. This can include looking at the seriousness of the allegation, the level of culpability, the person’s age, and their personal circumstances, including mental health factors.

Was your caution issued correctly?

One of the most common grounds for removing a police caution is “incorrect disposal”. To establish that the caution was incorrectly given, you must show that the Ministry of Justice Guidance on police cautions was breached. Before a caution can be issued the police must ensure that:

• There is sufficient evidence to prosecute the accused for the offence.
• The accused must admit that they are guilty of the offence.
• The accused understands the significance of the caution and they must also give their informed consent to being cautioned.
• The police must also respect the law and rules related to detention and custody; significant breaches of these rules may make a caution unlawful.

An admission to an allegation needs to be clear and reliable and freely given. What amounts to a freely given and clear and reliable admission is often open to interpretation. In a common assault allegation for example, it may be open to dispute as to whether someone has raised self-defence, or in a theft allegation, whether dishonesty or an intention to permanently deprive has been admitted.

Consent to a police caution must also be freely and reliably given, namely a suspect must understand the full implications of a police caution before they accept it. For example they must understand the impact a police caution will have on immigration, on employment, on fostering, on working with children or vulnerable people.

The police also ought to offer a suspect the possibility of receiving competent legal advice before they accept a police caution. If the police have unfairly deprived a suspect of their right to legal advice, it can form a basis to challenge the validity of a police caution. Sometimes the police may hold out the offer of a police caution as an inducement to confess; this is strictly prohibited, and an unfair inducement to confess could form the basis of a challenge to a police caution.

Examples of when a caution may be deleted

• You were under 18 years old when you received your caution and you did not have an appropriate adult present.
• You were under the influence of drugs or alcohol when you received your caution, and you did not understand what you were agreeing to.
• You were coerced or pressured into admitting the allegation or accepting your caution by the police or someone else.
• You were seriously mentally unwell at the time of the incident, or when the caution was issued.
• You were not given adequate legal advice before accepting your caution.
• You were not informed of the consequences of accepting your caution, such as how it would affect your future prospects.
• You were wrongly accused of the offence or there was insufficient evidence against you.
• You received your caution for an offence that is no longer considered a crime.

This list is not comprehensive, and your caution may still be eligible for deletion even if your case does not fit into the listed scenarios. For advice on the particular facts of your case, please contact us to arrange a consultation.

What evidence do you need?

When applying for deletion of a police caution some of the things that should be included are:

• Your full name, date of birth, address and ID.
• The date and location of your caution and the offence for which it was given.
• The ground, or grounds, for deletion.
• The reasons why you believe your caution was unlawful or unfair, with supporting evidence such as witness statements, character references, exhibits, medical records and expert reports if appropriate, relevant previous legal judgments, statutory law, and regulations.
• An analysis of interview transcripts if you are disputing your admission.
• An analysis of custody CCTV and/or police body worn footage to see if PACE guidelines have been breached.
• The impact the caution has had on your life, such as how it has affected your career, your family, education, travel, or personal relationships.

How long does it take?

Once a caution removal application is submitted, how long it takes to receive a decision will depend on the police force concerned. The process can take months and there is no guarantee that your request will be granted.

Typically the application will be sent to ACRO, who will forward the application to the relevant police force. ACRO themselves do not decide cases; they simply facilitate the process. Some police forces will take 1 or 2 months to decide, but others will take much longer, sometimes up to 18 months.

If the initial decision is negative, you can appeal the decision within the same police force. The appeal decision may take 1 or 2 months, but it can take a further 12 months, and sometimes longer. Depending on the facts, an application can be prioritised, but pushing for a decision is not always appropriate. We will be able to advise you whether it is in your best interests to press the police for a quick decision.

Each police force has its own way of reviewing deletion applications, with some police forces being much stricter than others, depending on the facts and circumstances.

If the police refuse

If your request is granted, your caution will be deleted from the PNC. If your request is denied, you will receive a letter from the police explaining why they have rejected your application. If you appeal this decision, and your request is again denied, you have the option of taking your case to judicial review before the Administrative Court, or you can complain to the Information Commissioner’s Office (ICO).

Most often we are able to persuade the police to remove a caution, but if this is not possible, we have the experience to take your case to court. We would only ever advise a client to take a case to court if there are very strong grounds to do so.

Find out more: What happens after a police caution is deleted?

How we handle your case

1. 1

   Tell us what happened

   A short, confidential enquiry by phone or online.

2. 2

   Get a fixed-fee quote

   We review your case and agree the fee with you in advance.

3. 3

   We apply to the police

   We prepare and submit your application under the Record Deletion Process.

4. 4

   If they refuse, we challenge

   By complaint to the Information Commissioner’s Office or judicial review in the High Court.

How much does it cost to remove a caution?

We act on fixed fees for almost all caution removal cases, agreed with you in advance – no hourly-rate uncertainty. The fee depends on the complexity of your case and the amount of material to be reviewed. Legal aid is not available for record deletion applications.

Contact us for a fixed-fee quote for an initial consultation. You can read more about police caution removal costs.

Can a police caution affect travel?

A police caution can impact travel overseas. Certain countries are particularly strict when it comes to any form of criminal record. Also certain types of offences may be seen in a worse light than others. For example, if you have a police caution for possession of cocaine, then you will not be allowed a US Green Card, and there is no basis to appeal against this. Further, a police caution for ABH would be considered an offence of “moral turpitude” by US immigration authorities. An ABH caution is likely to cause issues for both migrant and non-migrant visas to the USA. Similarly, a caution for a sexual offence is likely to cause long term immigration problems to the US. For more details on police cautions and travel to the US, please see here: United States Waiver of Ineligibility & Criminal Records

Other countries are also very strict when it comes to obtaining long term visas or citizenship. We have dealt with clients looking to move to the US, China, Singapore, Australia, the Cayman Islands, Malaysia, Saudi Arabia, South Korea, Dubai, the United Arab Emirates  and Canada. More recently, since Brexit, we have started to receive enquiries from UK citizens looking to move to countries within the EU.

A police caution can also impact your good character determination when it comes to a UK citizenship application. Once a caution has been issued you are barred from applying for citizenship for three years, thereafter the caution will need to be disclosed. After three years a police caution may continue to impact your citizenship application depending on the nature of the offence, and number of cautions/arrests.

Rules change frequently – before applying for any visa or citizenship with a caution on your record, take advice on both the immigration position and whether the underlying record can be deleted first.

Police Caution Removal Solicitor

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

Please see here some of our successful cases: Police Caution Removal Example Cases.

Also click here to see reviews from our satisfied customers: Police Caution Removal Reviews.

Along with applying for the deletion of police cautions, we are also able to assist with:

• The deletion of PNC arrest records
• Deletion of Community Resolutions
• Deletion of local police records
• Harassment PIN deletion
• Penalty Notices for Disorder (PND) deletion
• Biometric data (including custody images) deletion
• Deletion of local police records held on the Police National Database (PND).

We can also assist with challenging DBS disclosures on both standard and enhanced DBS certificates. We have extensive experience in challenging DBS barring decisions; both appealing existing barring, or resisting a new barring application.

We are also able to help if you are being investigated by a regulator, typically were the case is associated with a police caution, or arrest record.

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

Please get in touch to arrange an initial consultation

Police forces we have had records deleted by

We have successfully had PNC records removed by the Metropolitan Police, the City of London Police, British Transport Police, Avon and Somerset, Bedfordshire, Cambridgeshire, Cheshire, Cleveland, Derbyshire, Devon and Cornwall, Dorset, Durham, Dyfed-Powys, Essex, Gloucestershire, Greater Manchester, Hampshire, Hertfordshire, Humberside, Kent, Lancashire, Leicestershire, Lincolnshire, Merseyside, Norfolk, North Wales, North Yorkshire, Northumbria, Nottinghamshire, South Yorkshire, Staffordshire, Surrey, Sussex, Thames Valley, Warwickshire, West Mercia, West Midlands, West Yorkshire and Wiltshire police, and the Port of Dover Police.

Overseas convictions on the PNC

Along with persuading police forces to remove PNC records, we have also had considerable success applying for the deletion of overseas convictions from the PNC.

Through our work in this area, ACRO changed their policy on the deletion of overseas records. We noticed that EU regulations were being wrongly implemented by ACRO with respect to criminal records that had been transferred from European countries to the UK PNC. After we appealed to ACRO, pointing out the error, their policy was changed, allowing for the deletion of certain European criminal records. Please get in touch if you have a criminal record that was transferred from overseas onto the UK PNC.

What else we can delete

• PNC arrest records
• Community resolutions
• Penalty Notices for Disorder
• Harassment PINs
• DNA, fingerprints and custody images
• Local police records

Frequently Asked Questions