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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50161
Experience:  Qualified Solicitor
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how do i remove my records from the police files if i have

Customer Question

how do i remove my records from the police files if i have been released without further action?
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. What exactly happened in the lead up to this?

JACUSTOMER-8kphu3t2- :

My daughter was with a male friend in a student room and the police burst in and arrested my daughter and the friend. A small amount of weed was found in the room but my daughter had no idea it was there & never takes drugs either. they were both arrested and after interrogation my daughter was released as NFA. The officer said it was an unfortunate case of wrong place wrong time & we should contact police to remove records but we dont know how to do this.

JACUSTOMER-8kphu3t2- :

Can you please respond

Ben Jones :

The information that the police will hold on her will be known as a 'nominal record'. Such records will generally be held on the police database until her 100th birthday.

As Chief constables “own” the data that their force has entered onto the PNC, they are responsible for deciding whether or not to delete it. An individual may write to their chief constable to request the removal of information from the PNC. The Retention Guidelines issued by the ACPO include guidance, known as the “exceptional case procedure”, for chief constables to use when considering such requests:

"Exceptional cases will by definition be rare. They might include cases where the original arrest or sampling was found to be unlawful. Additionally, where it is established beyond doubt that no offence existed, that might, having regard to all the circumstances, be viewed as an exceptional circumstance."

However, the examples of exceptional cases set out in the current guidance are extremely limited, and do not cover situations where (for example) a person wishes to have their record removed because it is appearing on their criminal checks and affecting their employment opportunities.

So all you can realistically do is write to the Chief Constable of the police force responsible for entering this information on the police records database, explain your situation in full and how it came about and request that they delete this information from their records.

Ben Jones :

Also it is worth mentioning that this information will not necessarily be released in criminal checks even if it remains on her records. A standard check would not pick this up and the only potential is if she is subjected to an enhanced check, which only occurs if she is working with children or vulnerable adults. Even then, the police will only release details if they believe this incident is relevant to her application.

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much