Question 1

Can I ask for my arrest record to be deleted after an NFA?

jim · Accepted Answer

Arrest records can be deleted but it is very rare as it requires a strong proof of innocence. Applications can be made to delete the arrest record by contacting ACRO. Such applications are most often successful in cases of mistaken identity. .

Question 2

Can I ask for my finger prints to be deleted following an NFA?

jim · Accepted Answer

There is no procedure to request that fingerprints are deleted following an NFA. This is done automatically when the computer is updated to NFA. The Police make an application to the Biometrics Commissioner within 28 days for this not to happen. However, this is rare.

Question 3

How do I get all the information about my investigation from the Police after a NFA?

jim · Accepted Answer

Although GDPR (General Data Protection Regulations) does not fully apply to police investigations you can make a Subject Access Request to the Police force that was investigating the accusation. Each force has its own web page where you will find the details to make this request. However, expect any response you do receive to be heavily redacted. The redactions will mainly be to remove details about other people.

Question 4

How Often Are NFA's And Not Guilty Verdicts Disclosed On An Enhanced DBS?

jim · Accepted Answer

There are three main types of check. Basic, Standard and Enhanced. Only registered employers who fall into certain criteria are authorised to carry out checks on their employees either in their own right (as they carry out lots of checks) or through an umbrella checking company.

If an employer is not registered or eligible to be registered to carry out checks then they only really have one route to doing a check on you and that is with your co-operation and it is only the basic check. They may request that you apply for the basic check and supply them with the results. In most cases they are prepared to pay for this check and part of the online application you will carry out gives the option to pay later. By doing this you are supplied with a link to forward to the employer and they make the payment. When the check is complete it is sent to you alone for you to give to the employer.

So what do the checks show?

Basic checks – This will show only convictions and conditional cautions considered to be “unspent” under the rehabilitation of offenders act 1974.

Standard Checks – This will show both spent and unspent convictions along with cautions (non-violent and non-sexual convictions are weeded out from standard and enhanced DBS after 12 years if they did not result in prison or the sentence was suspended).

Enhanced Checks – This is the one that worries our members the most as not only does it show all of the same information from a standard check but it MAY include other intelligence/information held by local police forces that could be considered relevant for inclusion for the role that is been applied for.

So where you have been investigated for a crime and either the outcome is NFA (no further action) or the case makes it to court and you are acquitted this naturally is information that the police will hold about you in their intelligence systems. There is quite a lot that can be held in local intelligence systems such as fixed penalty notices, allegations and even information about people who you live with. This is information that is separate from what is held in the police national computer such as convictions etc.

The decision to supply information for an enhanced DBS is that of the police chief for the local police force area(s). They are guided not only by their own local guidelines but principally by the statutory disclosure guidance (1) and the quality assurance framework (2).

Before panicking about this it is always important to look at the numbers. The latest numbers I have been able to obtain refer to the year 2022 and were obtained by accused.me.uk via a freedom of information request. They show that in that in 2022 4,446,635 enhanced DBS checks were carried out. Of these 1,466,420 of the applications were flagged for local police forces holding “intelligence”. However, only 4,751 applications included any of that further information held by local police forces. This means only 0.32% of the checks where there was further information did it make it on to the check for disclosure.

So, what can you do to help the situation. If you’re a member of our group then you likely already know that they will hold “intelligence” about you that will likely be considered for inclusion. So you can pretty much skip trying to find out what they hold. You already know to a sufficient enough degree what it is. If your not a member of our group and you are not sure but you are considering applying for a job that requires an enhanced DBS check then your best approach would be to make a subject access request to your local police force (and any police force areas you are previously linked to). The results of this subject access request will indicate if there is anything further that you need to do.

Police forces SHOULD contact you if they are considering including information in the enhanced check as other relevant information. They do not have to contact you but they should.

The first option, which we think is the better option is to do nothing and see what happens.

The second option, whilst feeling as though you are been pro-active and trying to get ahead really is a double edged sword!

On one edge with the knowledge the check is in the process and the knowledge they hold intelligence about you then you could contact the relevant police force(s) and ask them to allow you to make representations if they are considering including information about you. Again, they do not have to allow you to make the representations (most police forces do) but by you making this request may make them worried about a legal challenge if they do not.

The other edge of that same sword is that by contacting them and asking them to allow you to make representations could cause them to pay more attention to your file. When you consider in the latest figures we have police forces were dealing with 1,466,420 cases that were flagged (some of these needed to go to multiple police forces) then these are very busy departments. Given that only 0.32% resulted in been included it could be a risk to draw attention to yourself.

If it is decided (with or without your representations) to include other information on your DBS check then this certificate will be sent to you to give to your employer. There are lines of complaint to try and rectify the situation. There is an independent monitor and you can get further information about this process from the .gov website (3).

Our Conclusion – We would not recommend contacting the police to try and ensure that they allow you to make representations. We say this with the knowledge of the low inclusion rate and the fact that the majority of police forces, the majority of the time, contact you to allow you to make representations if they are considering the inclusion in your check. Contacting them and asking them to ensure that they do will only heighten their attention to your check and this is always a bad thing.

The chances are if you are one of the 0.32% that they are considering inclusion for then your representations at that level will likely fall on deaf ears. It is far better to sit it out and see what happens. The important safeguards of the dispute procedure will still be there for you if you are unlucky enough to be one of the few.

It’s always worrying and we have members who regularly need checks doing. They may have had multiple clear checks since their False Allegation but it still does not stop them worrying every time that they need one. We would recommend if you are category of worker that regularly needs to be checked to consider signing up to the DBS update service (4). For £13 a year you can keep a closer eye on your DBS checks.

Question 5

NFA - Understanding Police Records: Local, National & Biometric Records.

jim · Accepted Answer

If you've been involved in an investigation, it's important to know what happens with your police records, especially if the outcome is a "No Further Action" (NFA) decision. Let's break down the key points in easy-to-understand terms:

NFA on the Police National Computer: When an NFA decision is made, significant details are not usually recorded on the Police National Computer. However, a marker might indicate that a local police force holds information about you. If you were on bail during the investigation, that fact might have been noted. Usually, information about bail is removed from the Police National Computer, but the file marker remains. If you're concerned, you can ask your local police force or ACRO (the Criminal Records Office) to ensure the bail-related information has been deleted.
Biometrics (Fingerprints, DNA, and Photos): In the event of an NFA decision, fingerprints and DNA collected during custody are automatically deleted from the system after 28 days. Some people receive incorrect information about this, but the process is governed by law and handled automatically by the systems. If the police want to keep the biometric data, they must apply to the biometrics commissioner within 28 days of the NFA decision. You don't need to take any action for the deletion to occur, as it's legally mandated since 2012.
Custody Records and Custody Images: If an NFA decision is made, you can request the deletion of the custody images (mugshots) from your custody file, and they might comply (often they do as they have access to other images of you anyway ...DVLA for example). However, the custody record itself is rarely deleted, except in cases of mistaken identity. If you were falsely accused but still the intended person of the arrest, the custody record will be retained since it documents your time spent in custody.
Local Records: During an investigation, various documents are generated and compiled in a file. This file typically includes statements from all parties involved, interviews (written or recorded), digital evidence, officers' notes, custody records without mugshots (however, if they obtained other photos of you as part of the investigation these will have been retained), and any other relevant information. It's like a case folder with all details related to your case, including any communication with the Crown Prosecution Service (CPS). The file will end with a copy of the NFA decision.
Reopening an Investigation: The NFA letter you receive (or should receive) may mention the possibility of reopening the investigation if new evidence emerges. In that case, they will reopen the existing file rather than starting from scratch.
Your Access to the File: Although the police retain the file as their work product, you have the right to request access to it through a subject access request. However, keep in mind that some information may be redacted to protect the privacy of others or maintain ongoing investigations.

By understanding how police records are handled after an NFA decision, you can be better informed about your rights and the process involved.

Question 6

Understanding DBS (criminal record) checks when your case was NFA (no further action) or you were found Not Guilty.

jim · Accepted Answer