The immediate answer is yes, in some circumstances.

If you have been arrested and the police take “no further action”, the arrest is not deleted from the Police National Computer (PNC).

You can apply for the deletion of records from the Police National Computer, National Fingerprint Database and the National DNA Database under the Record Deletion Process, as defined in guidance issued by the National Police Chiefs’ Council (NPCC) entitled, Deletion of Records from National Police Systems.

The Law

The Protection of Freedoms Act 2012 amended the Police and Criminal Evidence Act 1984 (PACE), to allow the police in England and Wales to indefinitely retain your DNA profile and fingerprints (collectively referred to as ‘biometric information’), if you have ever been convicted of an offence; this includes receiving an out-of-court disposal such as a caution, warning or reprimand. The legislation also identifies a number of occasions whereby your biometric information will be deleted from national police systems (PNC, NDNAD and IDENT1) if you were not convicted of a recordable offence, provided specified time constraints and other criteria are satisfied.

Provided that the evidence and grounds for deleting your records from national police systems are examined and agreed by a chief officer, then the expectation will be that any records held on your PNC record will be deleted.

However, this will be determined on a case-by-case basis.

How do I make an application?

You can make an application direct to the National Records Deletion Unit. Monan Gozzett Solicitors have experience in applying for arrest details to be removed from PNC records, which, can is some circumstances, affect your future employment and travel opportunities. Whether a chief officer agrees to the deletion of your PNC record depends on a number of factors, which, Monan Gozzett can provide detailed advice.

If you have any queries and require assistance, please call our specialist team on 0207 936 6329 or email info@monangozzett.com

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