Arrest Record Deletion: Protect Your Future by Clearing Your Police Record

Being arrested, even if no charges were brought against you, can have lasting consequences. Whether the police took No Further Action (NFA), or you were charged, and the case was dropped or dismissed at court, details of the arrest will still be logged on the Police National Computer (PNC). Details of your arrest will also be held by the police on their local police systems and may also be recorded on the Police National Database (PND).

These police records can affect your ability to secure employment, particularly in sectors requiring an Enhanced DBS (Disclosure and Barring Service) Certificate. Police arrest records can also impact immigration applications, depending on the offence and country.

Arrest records, regardless of the outcome of your case, may still appear on an Enhanced DBS certificate. DBS certificates are required for regulated professions such as teaching, the legal sector, finance, healthcare, childcare, and social work. Even if the police decided not to pursue charges, namely there was a No Further Action (NFA) outcome in your case, the police can still disclose information on an Enhanced DBS certificate.

Even when an arrest was based on false or malicious accusations, the presence of records in police systems like the PNC or PND can create barriers to work and travel.

Also, if your arrest is retained on the PNC, and you are ever accused of anything else in the future, the police will refer to the earlier arrest. The earlier arrest may make it more likely that the police will take action against you and believe that you are guilty of subsequent allegations.

Even a minor arrest, where an individual was completely innocent, can feel deeply unjust. Having your personal information retained indefinitely in police databases often feels like an unwarranted punishment. Innocent individuals may struggle with the stigma and worry of an arrest record potentially appearing on a DBS check, leading to feelings of frustration, embarrassment, and anxiety.

For those facing allegations of a more serious nature, the impact can be devastating. False or malicious accusations, even when disproven, can leave lasting scars on a person’s reputation, career prospects, and personal life. In such cases, the presence of an arrest record can feel like a constant reminder of a traumatic experience, the false allegation and accusations, preventing individuals from moving on and rebuilding their lives. Deleting such records is not only about career and travel opportunities, but also about restoring dignity, peace of mind and providing a sense of justice for the accused person.

We have successfully represented many clients who have been falsely accused of rape, or other serious sexual assaults. We understand the extreme trauma that can be caused by a false allegation of rape, and we work very hard to ensure these records are deleted. Given the seriousness of these types of allegations, the law gives the police very broad powers to keep arrest records related to sexual and other serious offences – effectively empowering the police to keep them forever. It is therefore of the utmost importance that when preparing a record deletion application for rape, or other serious sexual offences, that your deletion application is as compelling as possible, with all the arguments and evidence presented in the most concise and persuasive manner.

An Enhanced DBS Certificate goes beyond a basic and standard DBS certificate and can include details of arrests, charges, and non-conviction information that the police deem “relevant”. Enhanced DBS Certificates are most commonly required for professions where safeguarding and trust are critical, such as teaching, healthcare roles including nursing and medicine, or social work.

For individuals whose arrest record is disclosed on an Enhanced DBS certificate, the implications can be far-reaching. Even without formal charges or a conviction, the presence of an arrest record on a DBS Certificate may influence an employer’s perception of your suitability for a role.

The disclosure of an arrest record, depending on the seriousness of the allegation, can also trigger the DBS to instigate a barring investigation – if a person is placed on the children or adults barred list, or both, they will be prevented from working in a regulated role. Breaching a barring is a criminal offence.

In addition to records stored on the Police National Computer (PNC), police forces also retain their own “local records” of investigations. While deletion from the PNC greatly reduces the risk of disclosure, local police databases may still contain details of an incident, which could surface during Enhanced DBS checks or during Developed Vetting.

In most cases, removal from the PNC will mean information will not be disclosed on an Enhanced DBS check. However, having local records removed will add another layer of security, ensuring that all traces of the incident are erased, removing any possibility that information might be revealed.

The case law related to local records tends to permit the police to retain local police records, at least for 6 or 10 year “clear periods”, depending on the offence. If PNC records have been removed they should, at the very least, update their local records to reflect this fact. In some cases the police should remove, or at least remove “personal information”, from local records at the earliest possible opportunity, well before the designated clear period. We have significant experience in applying for local police record deletion, after successfully removing our clients from the PNC.

The National Police Chiefs’ Council (NPCC) Record Deletion Process is the official method for requesting the removal of police records from the PNC – including arrest records and biometric data.

The process of deleting an arrest record involves providing evidence to support your case, such as proof that the arrest was unlawful, malicious, based on unfounded allegations, or that it is in the public interest for your arrest to be deleted. Each case is reviewed carefully, and a well-prepared application significantly increases your chances of success.

As experienced solicitors, we understand the complexities of this process and we are here to help. From drafting compelling applications to presenting the necessary evidence, we take the stress out of navigating the system. Our expertise ensures your case is handled professionally, giving you the best chance of having your records removed and protecting your future opportunities.

If your arrest arose from false or malicious allegations, there are legal grounds to request the removal of your record. While you are not required to prove your innocence, in practice, especially for more serious allegations, the burden often falls on demonstrating as clearly as possible that the claims against you were unfounded.

We understand the complexities involved in presenting a deletion application that raises claims of false/malicious allegations, and we approach each case as though preparing for a trial. This means gathering substantial evidence to establish your innocence, such as witness statements, alibi documentation, and any other supporting materials that disprove the allegations. By doing so, we aim to leave no doubt about the malicious or baseless nature of the accusations.

Our extensive experience in handling similar cases ensures that we know how to present your circumstances in the strongest possible way.

An unlawful arrest occurs when police detain an individual without proper legal grounds. An unlawful arrest can include detaining someone without reasonable grounds, or arresting someone when it is unnecessary.

When an arrest is clearly unlawful, there are strong grounds to request the deletion of the associated record. Retaining records from an illegitimate or procedurally flawed arrest is fundamentally unfair, and their continued presence may cause significant worry and harm when it comes to an Enhanced DBS Certificate, or immigration applications. Deleting the PNC arrest record is a crucial step toward correcting this injustice and restoring the individual’s rights and reputation.

As specialists in record deletion, we have significant experience in assisting clients whose arrest was unlawful. Our team begins by thoroughly reviewing the circumstances surrounding the arrest, to identify legal violations or procedural errors. We work closely with clients to gather evidence, such as witness statements, documentation of events, or proof of improper police conduct, to build a solid case for record deletion. Through expert representation, we help clients present their case effectively to the police, giving them the best chance that their arrest record will be deleted.

In certain cases, arrest records can be deleted in the “wider public interest”. This ground for record deletion considers how retaining the record may unfairly impact the individual, balanced against the duty the police have to protect the public. Wider public interest arguments are typically raised in situations where the retention of the record is disproportionate and can not be justified on data protection/right to privacy grounds.

Making a case for the deletion of a police record on wider public interest grounds involves presenting evidence that the continued retention of the arrest record serves no legitimate purpose, and instead causes undue harm to the individual. For example, this could include showing the significant negative impact on the individual’s career or personal life, or demonstrating that the retention contradicts established principles of data protection or justice. These arguments often apply to cases where the individual has been fully rehabilitated, and where maintaining the record undermines the core values of fairness and proportionality in the criminal justice system.

If your application for arrest record removal is unsuccessful, it’s important to know that this does not have to be the end of the road. You have further options to challenge the decision, including Judicial Review to the Administrative Court or a complaint to the Information Commissioner’s Office (ICO). These additional steps can be effective in securing the removal of unfair or damaging records.

We always aim to avoid the need for court proceedings, and the vast majority of our cases are successfully resolved without the need for court. Unfortunately however, sometimes the police will not agree to delete a record, in which case we have extensive experience in pursuing appeals. An appeal to court may be warranted where the decision to retain a record is unreasonable or inconsistent with the law.

Sometimes it may be appropriate to lodge a complaint with the ICO, namely if retention of your data violates the principles of fairness, necessity, or proportionality under data protection legislation. The ICO does not have the same enforcement powers as the court, namely they will not order deletion of a police record, but their opinion may be helpful in persuading the police to remove a record.

We have successfully assisted clients in deleting police records and clearing Enhanced DBS certificates. We’ve helped individuals remove unfair or inaccurate information, allowing them to continue in their chosen professions without restrictions.

Whether the case relates to malicious allegations, procedural errors, or public interest issues, we have the experience to guide you through the process and achieve the best outcome for your case.

Don’t let an arrest record hold you back from achieving your goals. Whether you’re applying for a new job, safeguarding your current role, moving overseas, or simply seeking peace of mind, deleting your arrest record is a vital step toward protecting your future.

As experienced legal professionals specialising in arrest record deletion and DBS clearance, we understand the profound impact that a police record can have on your career, reputation, and personal life. We know that each case comes with its own unique challenges, and we approach every situation with empathy, diligence, and unwavering commitment to our clients. We are here to fight your corner—whether you’re dealing with minor records, or battling the fallout from serious allegations, we bring a wealth of expertise to ensure your rights are protected and your voice is heard.

Your future matters to us; we will provide you with the best, and most experienced, legal representation when it comes to arrest record deletion.

We offer reasonable fixed fees; we will give you an honest and clear advice on your prospects of success, during an initial consultation.

Contact us today to learn more about how we can help you get rid of your police records.