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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69903
Experience:  Over 5 years in practice
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My name is***** failed

Customer Question

Hi my name is***** need some help and advice for security clearance failure My number is ***** 050119

After working for a large IT services provider for nearly 3 years i have been given the option to resign or go through a formal dismissal process

I failed the SC process as I did not mention i have been arrested in the past (5 years ago) the outcome of the case was No Further Action from the police.  I was not charged or cautioned. I was REMANDED on BAIL. 2 months later the case was dropped with NFA.

My understanding was this woukd not be on record as mentioned by the Police officer.. since then my DBS and BPSS check has come back clean. When the SC failed it mentioned you failed to declare any investigations.

I mentioned the incident on the appeal letter. SC was still refused

I requested for a Subject Access Form from ACRO..when it arrived it had the incident on record with No Further Action.

I would like help with deleting this record.. I believe i can as the case was dropped with No Further Action.

I woukd also like to send another appeals form to the vetting department requesting them to reconsider.

So far the SC clearance failure has cost me my Job and a lot of mental stress. All for bad paperwork and something i was arrested for which was out of my control.

Please help

Thanking you in advance for your response


Mr Khan

Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. What specific queries do you have about this that you would like me to assist with?
Customer: replied 1 year ago.

Hi Ben

My specific queries are since i was never charged or cautioned for the offence can i request the record be deleted of the police national computer...Do you have any recommended solicitors who can help with this as i am having difficulties finding a solicitor who is familiar with SC clearance..

Can i re-appeal to a higher governing body to over turn the SC failure.. my defence would primarily be i was arrested unlawfully. The wrong person in the wrong time or place...


Mr Khan.

Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
I have been asked to look at this as I am a criminal lawyer.
What was the allegation?
Customer: replied 1 year ago.

Hi Jo

Apologies for late reply.

The offence description was: Possessing Firearm with Intent

I was arrested at my Family Home on 15/06/2010 at 2am by armed Police

I was Remanded on Police Bail on 15/06/2010

Bail condition: To Attend Police station and sign on bail every Sunday, Tuesday, Friday between 17:00-2300 hours

Police dropped the case with NFA on 10/08/2010

No firearms were found at my family home.

Mentally it was very hard for me as i felt i was the wrong person in the wrong place. Its worth noting My older Brother not too long after this arrest was arrested for the same offence and is serving a prison sentence

I believe the family home was searched as it was a linked address to my older brother.

At the time of the arrest i did want to pursue unlawful arrest with the police but also at the same time wanted to forget and move on... The officer who arrested me did explain this would not flag up on any DBS checks in the future as you was not charged or cautioned

Now 5 years on its come back to haunt me and all those terrible memories have come flooding back

I need help to clear my name. clear the record from police national computers and re-appeal for my SC clearance

Thank You


Mr Khan

Expert:  Jo C. replied 1 year ago.
Is the entry written in a way that reveals it was just an arrest?
Customer: replied 1 year ago.

I am reading it off My Subject Access form sent from ACRO


Arrest/Summons Ref;

Crime Reference;

Offence number; 1

Court/Caution/Force Reference; 01JI/3493/10/1

Offence number; 1




Offence Date(s); 13/06/10

Location: LONDON BOROUGH OF " " 01



Description: REMANDED ON POLICE BAIL ON 15/06/10

At: AT01

To Appear At: NEXT APPEARING ON 10/08/10

At: AT01


Last Updated 15/06/2010


Does the following mean it was a caution

Court/Caution/Force Reference; 01JI/3493/10/1

Expert:  Jo C. replied 1 year ago.
That is all true?
Customer: replied 1 year ago.

Since I had no connection with Guns and Crime and the Police after taking ballistics and DNA tests could not find me linked to any crime not to forgot no guns had been found in my family home. In your professional opinion could i pursue a case of unlawful arrest and take the MET to court...

I found some information on ACRO website which says you can have the record removed from the Police National Computer if you had a NFA and was not linked to the Crime...

Could you recommend someone who could help me with this


Mr Khan

Expert:  Jo C. replied 1 year ago.
No, sorry, I didn't mean that. I know the allegation was untrue but is what is recorded on PNC accurate?
Customer: replied 1 year ago.

Hi Jo

On PNC it says


No firearms were recovered when i was arrested so i would say NO it is not true

Expert:  Jo C. replied 1 year ago.
Yes, but you accept being arrested for that offence? And the NFA is recorded and is true? What is the unlawful arrest point? Sorry if I am missing the point.
Customer: replied 1 year ago.

The point is how can the police break into your house at 2 am in the Morning arrest you for possession of firearms when none are found then bail you and make you go to the police station 3 times a week to sign then get away with it ?

i did not accept being arrested for the offence...I just did not pursue a complaint against the police as i wanted to forget and move on...

Now that it has come back and resulted in me having to leave my Job i feel as angry as i was the day i got arrested and would like to pursue and make a complaint...

am i being unrealistic or unreasonable? Would i have any grounds to pursue a complaint against the Police...

Expert:  Jo C. replied 1 year ago.
Probably because they received information sufficient to justify it. They only need to show reasonable grounds. The actions do not become unlawful because on investigation there is no merit to the allegation or, more specifically, there is insufficient evidence to pursue it. That would mean anybody who is arrested and NFAed would have a claim and the effect of that would be that nobody would be NFAed.
If you were remanded then you were arrested.
I'm really sorry but on these facts there is no claim at all. The fact that they acted against you and the case was not proven does not give rise to a claim.
On the face of it, the information upon your PNC is correct. You were arrested and no further action was taken. If it is correct then they can disclose it in some circumstances.
I'm very sorry but I'm afraid the fact that you have been inconvenienced is not a claim
Can I clarify anything for you?

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