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.
Thanking you in advance for your response
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...
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
I am reading it off My Subject Access form sent from ACRO
Offence number; 1
Court/Caution/Force Reference; 01JI/3493/10/1
Adjudication; NFA (NO FURTHER ACTION)
Originator: 01 (METROPOLITAN POLICE)
Offence Description; POSSESSING FIREARM WITH INTENT
Offence Date(s); 13/06/10
Location: LONDON BOROUGH OF " " 01
Disposal; NFA (NO FURTHER ACTION) 10/08/10 AT 01 (METROPOLITAN POLICE) FS/REF:01 (METROPOLITAN POLICE)
Description: REMANDED ON POLICE BAIL ON 15/06/10
To Appear At: NEXT APPEARING ON 10/08/10
Owner: 01 (METROPOLITAN POLICE)
Last Updated 15/06/2010
Condition 1: TO ATTEND " " POLICE STATION AND SIGN ON BAIL EVERY SUNDAY, TUESDAY, FRIDAY BETWEEN 17:00-23:00 HOURS
Does the following mean it was a caution
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
On PNC it says
No firearms were recovered when i was arrested so i would say NO it is not true
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...