Criminal Record Deletion

The system holds information relating to arrests, summons, details of cautions and convictions. The experience of being arrested or subject of a police investigation can be a traumatic one for most. Although it regularly comes as a surprise to many that historical records such as the fact of their arrest, or an investigation which concluded with no further action can be disclosed for many years after. This can also be the case for individuals who accepted a caution for an offence many years ago, and sometimes even as a youth. Whilst these types of records may not be disclosed on a standard DBS check, those who are subject to an enhanced DBS check, such as those entering regulated sectors may want to consider applying for the removal and deletion of these records.

The Process of Criminal Record Deletion

The ACRO Criminal Records Office (“ACRO”) provide ten grounds for record deletion of biometric information as well as any associated PNC records. At least one of these criteria must be satisfied in order for an application to be made. These criteria include;

1. Mistaken identity
2. No crime
3. Malicious/false allegations
4. Public interest

These applications can be complex and time-consuming and it is important for individuals to seek legal advice from an experienced solicitor to assist you through the process.

The first step in the process is to make an application to ACRO for the record to be deleted. ACRO will consider the application as well as seeking guidance from the relevant police force who were responsible for the record before deciding whether the record should be deleted. Following this decision, an individual is then eligible to make an application to the local force for the removal of all local records.

These applications can take in excess of 12 months to be considered, so they should be made promptly prior to any possible disclosure occurring.

How Can Jeremy Gordon Help

Our firm has a team of experienced solicitors who can help you with your record deletion application. We will provide you with expert advice and guidance throughout the process.