Our client instructed us to apply for the deletion of his police caution. The client had received the caution in the context of a domestic argument.

The police caution, had it remained on the Police National computer (PNC), would have greatly affected the client’s professional and personal plans for the future.

After our initial assessment, we were able to determine that the police caution had some procedural defects, which meant that it ought to be removed.

We prepared detailed representations to the police, and who ultimately agreed with our arguments that the caution was inappropriate in the circumstances of the client’s case.

Police Caution Removal Solicitors

We have had many police cautions removed for our clients; most of our clients are successful or aspirant professionals whose career and personal life is greatly impacted by the imposition of a police caution.

We understand the stress an arrest and criminal record can have on an individual, and we work hard to ensure every client stands the best possible chance of having their record deleted.

Arrest Record Deletion

Even if you have simply been arrested, namely you were arrested and detained, but the police took No further Action (NFA) against you, your details will appear on the PNC.

An arrest record can appear on an Enhanced Disclosure and Barring Service (DBS) certificate and can affect immigration applications.

Disclosure and Barring Service (DBS) Children and Vulnerable Adults Barring

A simple arrest, where no further action was taken, can sometimes precipitate an investigation and enquiry by the DBS into whether someone should be barred from working with children and vulnerable adults. If you have been arrested, and you then subsequently apply for an enhanced DBS certificate, information may be passed to the DBS, which could trigger a barring investigation.

If you have been cautioned or convicted of certain relevant crimes, then the DBS will undertake a barring investigation under their automatic barring procedure. Some automatic inclusion offences however permit an individual to make representations before they are barred.

We have had significant success in appealing auto-barring applications and applications where relevant information has been passed to the DBS.

We have also successfully had clients removed from the barred list where mistakes were made in the original barring decision, or where it was no longer appropriate to keep someone on the barred list after the minimum barring period has elapsed.

DBS and Police Caution Solicitor

If you have a DBS issue or an arrest record or police caution difficulty, then please get in touch to discuss your case.

For details of our past successes please visits here: Previous Successful Cases

For more information on DBS Barring please visit here: DBS Barred List

For more information on the police caution procedure, please visit here: Police Caution Procedure

For more information of the expungement of arrest records, please visit here: Early Deletion of Arrest Records and Biometric Data.

Did you know that it’s possible to apply for the deletion of police records from the Police National Computer (PNC), National Fingerprint Database (IDENT1) and the National DNA Database (NDNAD)?

The National Police Chiefs’ Council (NPCC) calls this process the “Record Deletion Process.” Locally held records, such as custody records and custody photos, are managed under the Authorised Professional Practice (APP)—Information Management Policy.

 Previously, there was no coordinated procedure for deleting police records, you would need to write to the chief constable of the relevant police force and ask for records, such as arrest records and police cautions, to be deleted.

The NPPC has created a process whereby applications for deletion are sent through a centralised unit called the National Records Deletion Unit, which is part of ACRO’s Criminal Records Office.

You cannot use the early records deletion process to delete court convictions—if you wish to remove a conviction, you will need to challenge it in Court.

Can Biometric Data Be Deleted From Police Records?

If you have been convicted (including cautioned) of a criminal offence, you will not have an automatic right to have your Biometric data records deleted. Biometric data is your DNA profile and fingerprints. If you were a youth at the time, your fingerprints and DNA will be deleted after five years (plus the length of any custodial sentence) unless the offence is a “Qualifying Offence” or indefinitely if your custodial sentence was five years or more or if you have two convictions.

If you were acquitted of an offence, even if you were charged, you have a right to have your biometric records deleted. The period after which records will be deleted is set out according to the type of offence and, in some cases, can be extended if an application is made to extend the retention period. For example, suppose you were arrested or charged but not convicted/cautioned for a minor offence. In that case, your biometric records will be deleted immediately (although a speculative search will be undertaken before their destruction).

Early Deletion of Biometric information and PNC Record

If you provide good reasons, and the chief officer agrees, you can apply to have your biometric data deleted early.

You can also use the record deletion process to delete PNC records, including expunging police cautions and arrest records, providing there is evidence of good grounds for the record’s removal. A police caution can be expunged, but the police can still retain the PNC arrest record. For information regarding police caution procedure, please visit our article here: Police Caution Procedure.

Are There Grounds For Early Police Record Deletion?

Yes, there are several grounds for early deletion. They have been set out by the NPCC as follows:

Unlawfully Taken

Where you believe your DNA or fingerprints were taken unlawfully. For example, this might apply if your arrest was unlawful.

Mistaken Identity

Where you believe that your arrest was unlawful or was based on you being mistakenly identified.

Malicious/False Allegation

Where you have been arrested and charged, but the case has been withdrawn at any stage, and there is corroborative evidence that the case was based on a malicious or false allegation.

Proven Alibi

Where there is corroborative evidence that you have a proven alibi and, as a result, have been eliminated from the enquiry after being arrested.

Incorrect Disposal

Where the disposal options applied by the Police following your arrest have been administered incorrectly, for example, a police caution may have been improperly administered.

Suspect’s Status Was Not Clear at the Time of Arrest

You were arrested at the outset of an enquiry where the circumstances and distinction between the offender, victim, and witness are unclear, and you were subsequently eliminated as a suspect (but you may be a witness or victim).

Judicial Recommendation

If, in the course of court proceedings, a Magistrate or Judge makes a recommendation that your DNA, fingerprints or PNC record should be deleted.

Another Person Was Convicted of the Offence

The conviction of another person for the offence may constitute grounds for the deletion of your DNA, fingerprints, and PNC record.

Public Interest

These are instances where you believe the Chief Officer should determine that there is a wider public interest in deleting your DNA, fingerprints or PNC record.

What Other Reasons Impact Police Record Deletion?

There are additional factors that will affect a record deletion application. These are:

• Whether there are ongoing investigations or court proceedings.
• If there is an application to extend the retention period with respect to biometric data.
• If there are other court convictions.
• The police may have felt you were culpable but could not prove the allegation.
• The police may decide that although an allegation was not provable according to the criminal standard (beyond all reasonable doubt/so that it is sure), they strongly feel you were likely guilty.
• Positive evidence of being eliminated as a suspect – if compelling evidence shows you were not the guilty party, then this will tend to support deletion.
• The retention of biometric information due to a previous conviction.

The Right Solicitor for Police Record Deletion

If you are concerned about DNA/fingerprint data retention, please contact us. We can apply for the early deletion of biometric records.

If you have been issued a police caution, we may be able to get it removed. We have successfully argued for the removal of many police cautions and arrest records.

Where the police refuse to remove records, we have extensive experience issuing judicial review proceedings to challenge a police decision to retain police cautions, arrest records, and biometric data.

We charge reasonable fixed fees for our services. Get in touch today to speak to a specialist police records deletion solicitor.

We have again won a case against the police to expunge a police caution, arrest record, fingerprints, DNA and custody photo from the client’s record.

The police had originally refused to remove the records, instead preferring to challenge the case. We issued judicial review proceedings against the police to challenge their decision to retain the records.

After it became clear to the police that they were likely to lose the case, they agreed to delete the police caution and associated records, and after negotiations with the police force’s lawyers, they agreed to pay almost all of the client’s costs.

Police Caution and Arrest Record Removal Solicitors

Along with successfully removing the police caution, we were also able to persuade the police to completely remove the PNC record so that the client would be “no trace” on the Police National Computer (PNC).

The case was considerably out of time before we were instructed, but due to the defects in the police’s conduct of the investigation, the Administrative court was prepared to overlook the delay.

Police Caution Deletion Specialist

If you or a loved one has received a police caution, or  has an arrest record they want expunged, then please get in touch to discuss your case.

We are also frequently instructed to amend enhanced DBS certificates where unfair or incorrect information has been disclosed.

We are also often asked to represent clients who are being considered by the DBS to be placed on the children and/or adults barred list. If you have received a “minded to bar” letter don’t ignore it, get in touch today. We are also able to apply to the DBS to have those already barred to be taken off the list.

We have had a police caution removed for a client after making successful representations to the police.

The client had taken private paying legal advice from a leading firm of solicitors before accepting the police caution. The solicitors advised the client to accept the caution.

After reviewing the file we determined that the caution had been unlawfully given as no offence had been committed.

After our representations to the police, the caution, arrest record and DNA and fingerprints were deleted. We have requested the original firm of solicitors to refund our client for their incorrect advice.

Thank you Matt for getting the caution removed, this is wonderful news

Police Caution removal solicitors

If you have received an improperly issued police caution, possibly you were misled about the consequences of a police caution or maybe you don’t believe you actually committed a crime, then please get in touch.

Removal of Non-Conviction record, DNA and fingerprints

We charge a fixed fee for police caution removal as well as for DBS appeals and appeals to expunge non-conviction records and DNA and fingerprints.