• Record Deletion Process - Frequently Asked Questions

    These FAQ's apply to individuals wishing to apply for the deletion of their DNA profile and fingerprints, otherwise referred to as their biometric information. which is being lawfully held on national police systems. Equally, it applies to those individuals who are seeking to also have their PNC record deleted or only their PNC record (in cases where biometric information has already been weeded from national police systems).

     

    Court Convictions

     

    Person aged 18 years or older convicted at court of a recordable offence.

     

    I was convicted in court of a recordable offence and now want my PNC Record, DNA and fingerprints deleted. At the time of the offence I was 18 years of age. Can I apply for the early deletion of my biometric information under this process?

     

    No.

     

    If you were 18 years of age or over at the time the offence occurred, you are not eligible to apply for the early deletion of your biometric information or PNC record under this process. Because you were convicted in court, the Protections of Freedoms Act 2012 allows for the indefinite retention of your biometric information and subsequently, your PNC record will be kept until you are deemed to have reached 100 years of age. You can apply to the courts if you wish to appeal your conviction or length of sentence.

     

     

    Person aged under 18 years of age convicted at court of a qualifying offence.

     

    I was convicted in court of a qualifying offence and now want my PNC record, DNA and fingerprints deleted. At the time of the offence I was under 18 years of age. Can I apply for the deletion of my records under the 'Record Deletion Process'.

     

    No.

     

    If you were under 18 years of age or over at the time the offence occurred, you are not eligible to apply for the deletion of your biometric information or PNC record under this process. Because you were convicted at court, the Protections of Freedoms Act 2012 allows for the indefinite retention of your biometric information and subsequently your PNC record will be kept until you are deemed to have reached 100 years of age.

     

     

    Person aged under 18 years of age convicted of a minor offence.

     

    I was convicted in court of a minor offence and now want my PNC record, DNA and fingerprints deleted. At the time of the offence I was under 18 years of age. Can I apply for the deletion of my records under the 'Record Deletion Process'?

     

    No.

     

    For a first conviction the retention period applied will be five years (plus the length of any custodial sentence that is less than five years). Once this time period have elapsed, your biometrics will be automatically deleted. However, your PNC record will be kept until you are deemed to have reached 100 years of age. This is because you have a conviction on record.

     

    If the custodial sentence you receive is more than five years or you are convicted of a second offence within the initial retention period applied as above, then your biometrics will be retained indefinitely and your PNC record will be kept until your are deemed to have reached 100 years of age so you are no eligible to apply under the Record Deletion Process.

     

     

    Person aged under 18 years of age convicted at court of an 'excluded' offence.

     

    I was convicted in court of an "excluded" offence and now want my PNC record, DNA and fingerprints deleted. At the time of the offence I was under 18 years of age. Can I apply for the deletion of my records under the 'Record Deletion Process'?     

     

    No.

     

    If you were convicted of a recordable offence that was not a qualifying offence then your conviction will be deemed to be an 'excluded offence' provided that you only have one conviction for recordable offence on your record for which you did not receive a custodial sentence of 5 years or more. Provided this criteria is met your biometric information will be deleted after a period of 5 years (plus the length of any relevant custodial sentence if less than 5 years.) When the relevant time period is reached, your biometric information will be deleted  automatically.

     

    However, your PNC record will be kept until you are deemed to have reached 100 years of age. This is because you have a conviction on record.

     

    If the custodial sentence you receive is more than 5 years or you are convicted of a second offence within the initial retention period applied as above, then your biometrics will be retained indefinitely and you PNC record will be kept until you are deemed to have reached 100 years of age so you are not eligible to apply under the 'Records Deletion Process'.

     

     

    'Out of Court' Disposals

     

    Adult given an 'Out of Court' disposal by the police.

     

    I received an Adult Simple Caution from the police. Does this mean I can apply for the deletion of my records under this process?

     

    Yes.

     

    Subject to certain conditions, Adult Simple Cautions and Conditional Cautions can be given by the police to persons who are 18 years of ages or over at the time of an offence occurs. They are regarded as convictions therefore, because you were convicted the legislation allows for the indefinite retention of your biometric information and subsequently, your PNC record will be kept until you are deemed to have reached 100 years of age.

     

    However, you can use the 'Record Deletion Process' to apply to have your records deleted from national police systems provided you can evidence the grounds outlined in the guidance. If these grounds are are agreed by a Chief Officer then they can approve the deletion of your DNA, fingerprints and/or your PNC record.

     

     

    Person under 18 years of age given an 'Out of Court' disposal for a Qualifying Offence by the police.

     

    I received a Youth Caution for a Qualifying Offence from the police. Does this mean that I can apply for the deletion of my records under this process?

     

    Yes.

     

    Subject to certain conditions, youth conditions cautions can be given by the police to persons who are less than 18 years of age at the time an offence occurs. They are regarded as convictions therefore, because you were convicted the legislation allows for the indefinite retention of your biometric information and subsequently, your PNC record will be kept until you are deemed to have reached 100 years of age.

     

    However, you can use the 'Record Deletion Process' to apply to have your records deleted from national police systems provided you can evidence the grounds outlined in the guidance. If these grounds are agreed by a Chief officer then they can approve the removal of your DNA, fingerprints and/or your PNC record.

     

     

    Arrested but not charged and/or convicted

     

    Person of any age arrested for a minor offence but not charged.

     

    I was arrested for a minor offence but not charged. Can I apply for the deletion of my records under this process?

     

    Yes.

     

    If you were arrested but not charged with a minor offence and have no previous convictions, then regardless of your age at the time of you arrest, your biometric information will be deleted automatically in accordance with the legislation when the investigation in concluded with no further action taken. However, you will need to make an application under the Record Deletion Process for the removal of your PNC record and evidence the grounds for deletion as outlined in the guidance. Provided your application is agreed by the Chief Officer, your PNC record will be deleted.

     

     

    Person of any age charged with a minor offence but not convicted.

     

    I was charged with a minor offence but not convicted when I attended court. Can I apply for the deletion of my records under this process?

     

    Yes.

     

    If you were charged but not convicted of a minor offence then regardless of your age when charged, your biometric information will be automatically deleted when the proceedings against you have been concluded.

     

    However, you will need to make an application under the Record Deletion Process for the removal of your PNC record and evidence under the grounds for deletion as outlined in the guidance. Provided your application is agreed by the Chief Officer, your PNC record will be deleted.

     

     

    Person of any age arrested for a qualifying offence but not charged or convicted.

     

    I was arrested for a qualifying offence but not charged or convicted. Can I apply for the deletion of my records under this process?

     

    This is dependant on your circumstance.

     

    Ordinarily, if you were arrested but not charged with a qualifying offence, and you have no previous convictions, then regardless of your age at the time of the arrest, your biometric information would be deleted automatically when proceedings against you concluded.

     

    However, if you have any previous convictions or the police have made an application to the biometrics commissioner to retain your biometric information under provisions contained in the police and criminal evidence act 1984 (as amended) which is subsequently approved, a 3 year retention period will be applied to your biometric information. If this is the case, you cannot use the Record Deletion Process to apply for record deletion.

     

    Alternatively, if no application is made to the biometrics commissioner then your biometrics will automatically be deleted (provided you have no previous convictions) and you can use the Record Deletion Process to apply for the deletion of your PNC record provided you can evidence grounds as set out in the guidance. If these grounds are agreed by the Chief Officer, your PNC record will be deleted.

     

     

    Person of any age charged with a qualifying offence but not convicted.

     

    I was charged with a qualifying offence but not convicted. Can I apply for the deletion of my records under this process?

     

    Yes, but only if you have no previous convictions.

     

    If you are arrested and charged with a qualifying offence but not convicted, your biometric information can be retained for 3 years. you can apply for the deletion of your biometric information and PNC record if you are able to satisfy the necessary grounds for making such an application. Examples of what may constitute the necessary grounds are contained in the Record Deletion Process guidance.

     

     

    Biometric information held as a result of a Penalty Notice for Disorder being issued.

     

    I was given a Penalty Notice for Deletion (PND) which I paid within the specific time. Can I apply for the deletion of my records under this process?

     

    Yes, but only if you have previous convictions on record.

     

    If you were given a PND your biometric information (if taken) can be retained for 2 years. However, in accordance with guidance issued, you can apply for the deletion of your biometric information (if held) and PNC record if you believe there are grounds for making such an application. Examples of what may constitute the necessary ground are contained in the Record Deletion Process guidance.

     

     

    Successful application for biometric retention

     

    Biometric information held following a successful application to the Biometrics Commissioner.

     

    I was arrested for a qualifying offence but not changed or convicted. However, I am aware that police made a successful application to the biometrics commissioner to retain my biometric information. Can I apply for the deletion of my records under this process?

     

    No.

     

    A successful application to the Biometrics Commissioner means that your biometric information can be retained for a period of 3 years. In this regard, because you will have been involved in the application process you will already have had an opportunity to make a representation to the Biometrics Commissioner and consequently, you cannot use this process to challenge his decision.

     

    Consequently, any application to retain biometric information that is approved by the Biometric Commissioner will result in the retention of your PNC record.

     

     

    Biometric information held following a successful application to a district judge.

     

    A district judge agreed that my biometric information should be retained for a further 2 years following a successful application by the police. Can I apply for the deletion of my records under this process?

     

    No.

     

    A successful application to a district judge means that your biometric information can be retained for a period of 2 years from the date it would otherwise been deleted under the legislation. Because you will have been involved in the application process you will already have had an opportunity to make a representation to the district judge as regards the retention of your biometric information.

     

    Consequently, any application to retain biometric information that is approved by the district judge will result in the retention of your PNC record.

     

    You cannot use the 'Record Deletion Process' to circumvent the decision by the district judge albeit you can appeal to the crown court.

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