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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was charged with an offence which came to court. The alleged

Customer Question

I was charged with an offence which came to court. The alleged vic***** *****ed once in the court and the CPS offered no other evidence. The judge adjourned the trial and on recommencing ordered the jury to find me not guilty. This happened two years ago and on applying for a new job I was turned down for the job because this showed up on my previous convictions. Can I have this removed and can I take any legal action against the police
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

How did your new employer get a copy of your previous convictions please?

JACUSTOMER-qw0mx65l- :

I don't know but I was asked during the interview if I had any previous convictions and I said no. Two weeks after my interview I was informed that I was not successful as I had not disclosed this previous conviction

Alex Watts :

Did they get a CRB (DBS) check or anything?

JACUSTOMER-qw0mx65l- :

I think it was a crb check

Alex Watts :

You had one, yes?

JACUSTOMER-qw0mx65l- :

Yes

Alex Watts :

OK - what was the offence you had been charged with?

Alex Watts :

Did you not have a copy of your CRB check?

JACUSTOMER-qw0mx65l- :

No

Alex Watts :

What was the offence?

JACUSTOMER-qw0mx65l- :

Sexual assault against an under 16 year old. I was on police bail for nearly two years and a new legal team told the police to take it to court or dismiss the charges

Alex Watts :

Ok. Can you ask for a copy of the CRB check?

JACUSTOMER-qw0mx65l- :

Who would I need to request this from. I have a friend who is in the police force and he checked on the national computer and the charges are showing up but not the result

Alex Watts :

Firstly what you need to do is ask the Police for a copy of your PNC

Alex Watts :

Your friend should not be checking your Police record.

Alex Watts :

By doing this he has committed an offence.

Alex Watts :

You should make a formal request for your PNC and you can also apply for your own CRB check

Alex Watts :

Once you have this you can see what information is held.

Alex Watts :

If it is inaccurate then you can write to the Police and ask them to correct it.

Alex Watts :

You may also have a claim under the Data Protection Act which states

Alex Watts :

An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.

JACUSTOMER-qw0mx65l- :

I know he should not but this was done as a favour. Once I have requested the PNC what next. One of the charges that showed up was a picture of an under aged oriental girl but I was never charged or even questioned about this

Alex Watts :

You would be able to issue a claim under the Act.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-qw0mx65l- :

As I was charged with the sexual assault this is correct but should this not have been removed from the PNC

Alex Watts :

That depends.

JACUSTOMER-qw0mx65l- :

On what

Alex Watts :

It is right to show you have been charged, but it should show that no evidence was offered and it was dismissed

JACUSTOMER-qw0mx65l- :

But can this be removed or a note put on there to state no evidence was offered and it was dismissed

Alex Watts :

It can not be removed but it can be rectified.

Alex Watts :

But you dont know for sure what it says. all you have is what someone else says

Alex Watts :

This is why you need to get a copy for yourself.

JACUSTOMER-qw0mx65l- :

Thank you

Alex Watts :

Section 14 of the DPA states:

Alex Watts :

If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.

Alex Watts :

This can form part of your claim for damages

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-qw0mx65l- :

No that is all thank you

Alex Watts :

Can I help with anything else today?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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