Successful applications to delete Police National Computer (PNC) Records 

If you are arrested and/or interviewed by the police, then a record of this may be kept on the PNC Arrest record removal (PNC). The police can retain these records until an individual reaches 100 years of age and there are certain organisations that have limited access to the PNC, a few examples being the Disclosure and Barring Service, the Financial Conduct Authority, the DVLA, NHS, and the UK Border Agency.

Information on your PNC records can affect you in terms of employment; the details can be disclosed on an enhanced DBS certificate. Information can also be disclosed on a visa, ESTA or ETIAS or should you wish to travel or work abroad.

We can apply to have any records resulting in No Further Action deleted from the PNC.

Here are some recent success stories from Olliers’ DBS Team:

Client A – historic caution for incest

Nearly 30 years ago, whilst on holiday abroad, Client A and their sibling (then aged 13 and 15) discussed with their mother they had been sexually active with each other on three separate occasions. Their mother reported the siblings to police in the hope that they would be spoken to by a figure of authority, however, Client A was instead ‘offered’ a caution which was accepted by their mother. No repercussions were handed to Client A’s sibling.

Client A forgot all about the caution until it was raised in family proceedings over 25 years later when a risk assessment was carried out in relation to custody of their children.

We put forward successful representations to the police to have this caution removed from the PNC. We were able to provide a statement from their mother who was steadfast in her recollection of being bullied by police into accepting the caution on behalf of Client A, and their sibling provided us with a statement of support confirming that no sexual activity had taken place and, whatever had happened at the time had been consensual childish exploration as a result of their mother providing them with a book about their changing bodies.

Client B – application to delete record of arrest – rape and burglary

In 2008, Client B was accused of committing serious sexual offences against their sister-in-law over a period of three years, during which time they, themselves, were a minor. Client B was between 12-15 year of age at the time of the allegations and was living in the family home with 8 other people: their immediate family of 6, plus two spouses. Client B’s older brother was married (by arrangement) to the alleged victim, Mrs X, who had a history of making false allegations against her own husband and other members within the household. Client B and their older brother previously had a close relationship which sadly became fractured due to tensions between them and Mrs X.

Mrs X made a number of serious allegations of domestic violence against her husband which resulted in her removal from the family home. The matters were thoroughly investigated by police, and they found nothing untoward. Mrs X continued to make serious allegations against her husband and the rest of Client B’s family. Eventually, an allegation was made against Client B; that they had previously sexually assaulted Mrs X and that the Sexual Offences had lasted for 3 years.

Client B was interviewed by police officers in which they denied everything but were released subject to police bail. During this time a number of threatening/prank calls were made by a female and a number of males to the house mentioning Mrs X and intimidating the whole family. Of note, a male was cautioned in relation to these incidents.

Further, owing to the considerable number of allegations raised by Mrs X and a number of other factors, Mrs X’s five children had been removed from her care and placed in foster care/adoption.

We put forward an argument that as Client B was the youngest, they were also the most vulnerable of the family and the likelihood of a 12-year-old sexually assaulting an adult female in a four bedroomed house of 9 people over a period of three years was highly unlikely. Dates were provided for the alleged assaults and on each occasion Client B had come home from school at a similar time to the rest of their family and had never been alone in the house with Mrs X. Of note, the allegations were coincidentally made upon the expiration of Mrs X’s interim visa, three years after the first incident was alleged to have occurred.

Client C – application to delete record of arrest – common assault, assault by beating and criminal damage

In 2023, whilst on a night out with friends, Client C was the subject of malicious comments made in relation to their ASD (Autistic Spectrum Disorder). After being collected by their mother relatively early on in the evening, Client C was extremely upset and went straight to their room. Their mother checked on them a short while later and found them in possession of a razor blade, having made cuts to their wrists. It became apparent that Client C was in the midst of a mental health breakdown, requiring significant assistance and in a state of distress. A mirror was broken and damage was caused to a wall (hence the criminal damage). Client C’s mother called the police who attended at the scene and misjudged the situation, thinking that Client C had assaulted their mother, and was arrested.

Unfortunately, Client C was left alone in a cell whilst in crisis, their wrists still bleeding. They suffered several panic attacks that night, yet no nurse was called to assist either with the writs or the panic attacks. After spending the night alone in a cell, Client C was informed that they were going to be interviewed for assault; they could either have legal representation and wait a few hours back in the cell or could be interviewed immediately without representation. Client C, desperate to get out of the police station, opted to be interviewed without a solicitor present and answered all questions in full.

No further action was taken; however, the details were retained on the PNC.

We were able to successfully argue that this matter should not have resulted in an arrest. Client C had a long history of self-harming and a recent diagnosis of ASD, together with ongoing mental health issues, resulting in Client C experiencing severe emotional sensitivity. Following the incident, Client C undertook a number of courses offering support and therapy and is now able to successfully manage their ASD and has a support system in place should matters ever escalate again.

Contact our specialist DBS lawyers

Contact our specialist DBS lawyers team to arrange a confidential discussion in relation to your case by telephone on 0161 8341515, by email to dbs@olliers.com or by completing the form below.