Having an arrest on your record may cause you difficulties in the future, even if the police have decided not to take any further action against you. It can affect potential employment prospects, volunteering or charitable work, and even restrict travel to certain countries.
However, it is possible - in certain circumstances - to have your arrest record together with your associated biometric information (such as photograph, fingerprints and DNA) removed from the Police National Computer (PNC).
Am I Eligible To Have My Arrest Record Removed?
In order to apply to have your arrest record removed, you must satisfy the criteria. For example, if you have been:
- arrested but not charged with either a minor or serious offence
- issued a youth or adult caution
- arrested and charged with an offence, but not subsequently convicted
You are NOT eligible to apply if:
- you have been convicted of an offence at court,
- your case is still being investigated and has not been concluded by the police
- you have been issued a Conditional or Absolute Discharge
What happens next?
When submitting your application to have your arrest record removed, you will need to be able to provide relevant evidence. For example, you might need to show that the allegation made against you was false and/or malicious.
Once your application has been submitted to the Criminal Records Office, your records will be reviewed and considered for deletion from the appropriate police systems. A final decision will be made by a Chief Officer of the relevant police force, taking into account the grounds, evidence and any representations made, together with information held locally on their system in relation to the matter.
All applications to the Criminal Records Office are considered on an individual basis, and there are several factors that are taken into consideration when making a final decision. It can often be difficult to achieve a successful outcome, as these applications involve detailed analysis of the complex police investigation process, relevant law and the evidence available, and it is therefore imperative that you seek expert legal advice.
Monan Gozzett have experience in making these types of record deletion applications, and we have the expertise to provide advice on the merits of any application. If you have any queries or would like to discuss your case with our specialist team, please contact us by using the details below.