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How long will my information stay on Police Record?
The Police National Computer (PNC) retains all records of arrests and summons, regardless of the outcome. This information remains on the system until the individual reaches 100 years old.
In addition to police records, DNA profiles and fingerprints may be collected and retained under the Police and Criminal Evidence Act 1984. The length of time this biometric data is kept depends on the outcome of the case or any resulting conviction.
Individuals may be able to apply for the deletion of records stored in the following databases:
- National DNA Database
- National Fingerprint Database
- Police National Computer
Understanding how long a police record lasts and your options for removal can help you navigate these processes effectively.
How long can police hold information on you?
The police can hold information on the Police National Computer indefinitely. Arrests, charges, and summons remain on the PNC until you reach 100 years of age, regardless of whether you were convicted.
However, the retention of biometric data (such as DNA and fingerprints) depends on the specific circumstances of your case:
- If no conviction is secured, biometric data may be deleted after a certain period.
- For serious offences or qualifying crimes, data can be retained for up to three years, with extensions approved by the Biometrics Commissioner or a District Judge.
If you want to check your criminal record, you can apply for a police criminal record check to understand what information is held about you.
Is it difficult to get a job with a police record?
Having a police record can impact your employment prospects, particularly in roles requiring a criminal record check.
It is important to note:
- The Criminal Records Office is separate from the Disclosure and Barring Service (DBS).
- A DBS check may reveal certain police information depending on the level of check (basic, standard, or enhanced).
- Police have a responsibility to disclose information on an enhanced DBS certificate, but this process is independent of record deletion procedures.
While a police record may not always prevent you from securing employment, certain industries (e.g., healthcare, education, or law enforcement) have stricter requirements.
We can help you understand how to manage and respond to your criminal record.
How long do police keep evidence in the UK?
The retention of evidence by police in the UK depends on the nature of the case and the investigation’s progress.
- For open investigations, evidence is kept until the case is resolved.
- In cases involving a conviction, evidence may be stored for the duration of the sentence or longer for serious crimes.
- In unsolved cases, particularly those involving serious offences like murder, evidence may be retained indefinitely.
The police’s ability to retain evidence aligns with their role in maintaining public safety and prosecuting criminal cases.
Are criminal records permanent?
A criminal record is not always permanent, but the details of any arrest, conviction, or caution remain on the Police National Computer. Key factors include:
- Convictions: Serious offences may remain on your record indefinitely and will appear on any criminal record check.
- Cautions and Warnings: These may remain on record but might not always be disclosed during standard checks.
- Record deletion: In certain circumstances, individuals can apply for the removal of specific entries, such as cautions or penalty notices.
It’s essential to understand how long your criminal record lasts and whether you can apply for its removal.
Can I apply to have my police record deleted?
Yes, there is a process to apply for the deletion of police records, including information stored on the Police National Computer and biometric databases. Eligibility criteria include:
- You were issued with a Penalty Notice for Disorder (PND).
- You were issued with a Final Warning as a juvenile.
- You were arrested but not charged or convicted of a minor offence.
- You were given, as an adult, a Caution or Conditional Caution.
- You were issued with a Youth Caution or a Reprimand as a juvenile.
- You were arrested and charged with a qualifying offence, but you were not convicted.
- You were arrested but not charged for a minor offence and given a Discontinuance.
There are over 400 qualifying offences, including:
- Murder
- Rape
- Assault
- Burglary
- Robbery
- Other sexual offences
Applications for deletion must meet strict eligibility guidelines, and not all requests will be granted.
What will they not delete off my police record?
Certain types of information are not eligible for deletion from your police record. This includes:
- Convictions secured in court.
- Conditional or absolute discharges.
- Records owned by Police Scotland or the Police Service Northern Ireland.
- Information held for police intelligence purposes.
- Cases still under investigation.
- Cases where you were charged with but not convicted of a qualifying offence, and biometrics have been approved for three-year retention by the Biometrics Commissioner.
- Cases where you were charged with but not convicted of a qualifying offence, and biometrics have been approved for two-year extension by a District Judge.
If you were charged with but not convicted of a qualifying offence, biometric data might still be retained for up to three years or extended further under legal approval.
How our criminal solicitors at Johnson Astills can help
At Johnson Astills, our specialist Criminal Defence Team is highly experienced in dealing with all allegations and police record concerns at both the Magistrates’ Court and Crown Court.
If you need support with a criminal record, applying for police record deletion, or dealing with a police criminal record check, we are here to help.
Contact us today for advice or to find out more about our services by giving us a call at your local branch in Leicester or Loughborough, or by filling in our online enquiry form.