In our criminal justice system, the police are empowered to arrest individuals based on suspicion.
It is a necessary part of the investigative process. Sometimes, within days, weeks, or even months, they conclude that there is insufficient evidence to charge the individual.
The case is then closed with a No Further Action outcome.
From the police’s perspective, the system has worked: the investigation was conducted, no charges were brought, and justice was served.
But for those of us working in private criminal defence, and for professionals whose careers depend on enhanced DBS checks, such as nurses and teachers, the reality is far more complex.
Can An Arrest Still Affect You After No Further Action?
In our experience, we have witnessed lives unravel due to the lingering impact of an arrest that ultimately led to no charges.
An example of this could be a teacher who is arrested on suspicion of sexual assault following a false allegation dating back years and years. They would be arrested and interviewed, and the police can then decide if there is enough evidence.
In some cases, the police can make the decision as well as the CPS.
After the police conclude the matter with a No Further Action decision, there are no charges, no trial and no conviction.
Yet the damage is done.
Can An Arrest Show On An Enhanced DBS Check?
This teacher now carries the weight of an arrest record that appears on the Police National Computer and may be disclosed during an enhanced DBS check.
Their career, reputation, and mental well-being have all been jeopardised, not because they were found guilty, but simply because they were accused, in this case, falsely.
Who Is Left To Deal With The Consequences Of An NFA Outcome?
So who pays for this injustice?
Not the government. They do not fund record deletion applications, nor do they proactively remove arrest records that could destroy someone’s future.
Not the police. They followed the procedure and have nothing to lose.
Instead, the individual, the teacher, the nurse, the professional, is left to pick up the pieces.
Can You Apply To Have Your Police Record Deleted After An Arrest?
At Monan Gozzett, we understand just how devastating this can be.
We specialise in applications to ACRO for record deletion, submitting strong, evidence-based representations to clear names that should never have been tarnished in the first place.
If you find yourself in a stressful position that requires your record to be deleted after a false allegation, do not hesitate to get in contact with our expert team on 020 7936 6329 or via email at info@monangozzett.com
Please note that we are unable to offer free legal advice. Our client services team are here to take your case details and explain any costs involved
If you would like to speak to our expert legal team about this, or any related subject then please contact our team by phone on 0207 936 6329, Email or by completing our Quick Contact Form below.
Please note that we are unable to offer free legal advice. Our client services team are here to take your case details and explain any costs involved