Deletion of Arrest Records for Rape Allegations

In the last 12 months, we have successfully removed 6 different arrest records from the Police National computer (PNC) related to rape allegations.

Rape and sexual assault are one of the most serious crimes anyone can be accused of, and the stigma that is attached to sexual offences is particularly damaging.

The police have an important job in ensuring genuine sexual offenders are arrested and prosecuted. However, sometimes the wrong person gets arrested, or false allegations are made. In these circumstances we are here to help, and we will provide you with robust representation to give you the best possible chance of having your arrest record deleted.

Being wrongfully arrested and accused of rape, along with the practical implications the arrest may have to your employment prospects or ability to travel overseas, can lead to profound emotional and psychological trauma. We have represented many clients where it has taken months, or even years, to build up the strength to face getting their arrest records deleted. Many clients find it extremely traumatic to talk about their experiences, and reliving their arrest and the police investigation takes a toll on them. We understand these experiences, and we will deal with your case with the utmost sensitivity, understanding and care.

The stigma attached to rape and sexual assault allegations often results in feelings of shame, isolation, and fear, even when the charges are unfounded. Individuals may experience anxiety, depression, and a loss of trust in the justice system, these feelings will be compounded and greatly magnified if the allegations reached the public domain.

The ripple effects of a false allegation, even where there has been no media exposure, can be devastating. In the home, relationships with family members may be strained, leading to feelings of isolation or emotional alienation.

At school, a child may face whispers, exclusion, or bullying from peers, affecting their focus and ability to thrive academically – we have represented a number of younger people whose A-Levels and GCSEs were greatly impacted by false allegations, and the fallout it caused at school.

Similarly, at work, colleagues or employers may regard a person accused of rape with suspicion, potentially leading to job instability, missed opportunities, or even dismissal. These impacts are compounded by the psychological toll, as the individual often battles anxiety, shame, and the fear of social and/or professional rejection.

A false allegation of rape or sexual assault can profoundly disrupt personal relationships. Within the home, it can strain trust and communication, as family members may struggle to reconcile the accusations with their perception of the individual. Tensions may arise, with some family members possibly doubting the person’s innocence or feeling ashamed by the association, leading to emotional distance and conflict.

In personal relationships beyond the home, such as friendships or romantic partners, the stigma of the allegation can create barriers. Friends may withdraw, unsure of the truth, and potential or current romantic partners may question the individual’s integrity, regardless of the absence of a conviction. The person accused may become fearful of developing future relationships, afraid that another false allegation could be made. This erosion of trust can lead to isolation, making it difficult to maintain or build meaningful connections.

Clients have reported to us that the fear of disclosure or judgment caused by the retention of an arrest record weighs heavily on their shoulders. Clearing an arrest record from the PNC can be a positive step towards moving on from a false rape allegation, and can help you rebuild your reputation and confidence. Deleting an arrest record for a false or incorrect rape or sexual assault allegation is a crucial step in reclaiming your dignity and sense of trust in the legal system, ensuring that the shadow of wrongful accusations no longer hinders any future opportunities.

In the UK, arrest records for all recordable offences, including rape and sexual assault, are retained on the Police National Computer (PNC) effectively forever. This means that even if charges are dropped, or no conviction is secured by the CPS, the record of the arrest remains until the individual reaches 100 years of age – unless the police agree to delete the record.

The reason why the police can keep an arrest record, effectively for the length of a person’s life, is to support public safety and law enforcement. The Government has effectively adopted a “what if” or “no smoke without fire” approach to PNC records – namely although an arrest record might not say you are guilty, the police want to keep these records “just in case”, namely just in case you were guilty, and you are accused of anything else in the future. Many countries around the world do not follow the UK’s approach, and have strict rules about when records should be deleted, including convictions. While some countries, it might be said, delete too much data, the UK is one of, if not the most, strict nation when it comes to the retention of criminal records data.

Arrest records, although there is no finding of guilt, can be disclosed on a discretionary basis on an Enhanced DBS Certificate. For more details, please see here: Enhanced DBS Certificates.

A rape or sexual assault arrest record, even if there is no conviction, can sometimes significantly impact immigration, citizenship, and visa applications. Immigration authorities often require applicants to disclose any arrests or charges, as these are considered when assessing an individual’s character and eligibility. The USA, for example, for certain immigration applications, including ESTAs, will ask about “arrests”, namely not just police cautions and convictions.

An arrest record for rape, if it must be disclosed according to a country’s immigration rules, will lead to additional scrutiny and possible outright denial. If immigration authorities believe the allegation poses a potential risk to public safety then visas, residency permits and citizenship may be refused.

In the last 12 months we have had arrest records for rape removed from the PNC for 6 separate clients. As rape is an extremely serious offence, in order to have this type of arrest record removed, the police will need to be persuaded that the person was not guilty and/or that the police made a mistake, or that there are some very persuasive public interest reasons why the record should be removed.

For this client, he had been accused of rape of a 16-year-old girl. The client was himself a teenager and strenuously maintained that the allegation was false. We were able to show compelling evidence that the allegation was indeed false, and that the complainant had lied.

This client was an international businessman with a very successful career and was accused of rape after a date with someone he met on a dating app. The client was astounded to be accused of rape the day after the date, and was subjected to humiliating and invasive searches and sampling. After being left under investigation for 3 months, the case was dropped. The client had endured significant stress and anxiety throughout the investigation, and started suffering from depression for the first time in his life. We prepared a clearly presented and well organised application to the police that showed that the complainant had lied, and had been trying to extract money from the client.

This client was again a successful city professional, who again met a woman on a popular dating app. The morning after their date, the police kicked down our client’s front door, and arrested him, accusing him of rape. He was subjected to humiliating searches and sampling. Fortunately the case was dropped only weeks after the initial allegation; we later discovered that the complainant had dropped her claims only hours after first making them. We went through all the evidence step by step, texts messages and voice messages, photos, CCTV, and other digital evidence that clearly showed that the complainant had fabricated the allegations. As with our client mentioned above, the client had also developed anxiety and depression in the aftermath of his arrest, and it took him months to recover from the impact of the false allegation. The removal of the arrest record helped him move on from the incident.

This client came to us 7 years after he had been falsely accused – the allegations had unfortunately taken a heavy toll on his life, and had derailed his previous plans for his future. The rape allegation was made by his then girlfriend, when he was in his final years of his A-Levels. The allegations completely disrupted his studies. It was only after years of stress and unhappiness, due to the allegation, that his family approached us for help. Although the allegation was historic, we were able to gather together evidence that strongly indicated the allegation was false. Although we were unable to rewrite history for the client, he was very happy that the police agreed to remove his arrest record, and he finally felt he was able to move on from the false allegation.

We were approached by this client’s family – their son was 16 and he had been accused of rape. The trauma of the allegation had brought their son to the verge of suicide, with his parents keeping a vigil over him at night for months. Unfortunately the police had arrested the client at a public event, in front of hundreds of his peers. At school he was bullied and taunted and his academic performance plummeted. The client was kept under investigation for months – it was only after DNA evidence completely exonerated him that the matter was dropped. The client had been improperly accused, and had been the victim of careless policing, with the police clearly arresting the wrong person. The police promptly agreed to delete the arrest record from the PNC,  and they also removed him from their local police systems.

For this client, he was accused of sexual assault by penetration – these allegations related to a consensual BDSM interaction. The client had been falsely accused, and the arrest record threatened to impact his immigration and work opportunities in North America. We presented a well-researched and carefully assembled package of evidence to the police, detailing numerous social media posts, messages, and witness statements. The evidence clearly showed the complainant had lied, and had made the allegations due to ulterior motives.

Wrongful arrest records for serious allegations, such as rape and sexual assault, can have a lasting impact on an individual’s life, affecting their reputation, opportunities, and emotional well-being. We have significant expertise and experience in getting rape and sexual assault arrest records removed. We understand the unique challenges and stressors our clients face, and we are committed to providing tailored and robust legal representation in each case.

Please get in touch today to discuss your case, and to arrange an initial consultation.

Unfortunately we do not offer legal aid, but we charge reasonable fixed fees.