Removal of Fingerprint/DNA and Police National Computer (PNC) Arrest Records
When a person is arrested for an offence the police will routinely take samples of DNA and fingerprints (collectively known as biometric information). They will be kept on the National DNA Database (NDNAD) and the National Fingerprint Database (IDENT1). A record of your arrest and what happens thereafter will also be kept on the Police National Computer (PNC).
The Protection of Freedom Act 2012 allows the police to retain your biometric information if you are convicted of an offence, including an out of court disposal, for example, a caution or Penalty Notice for Disorder (PND). The legislation also identifies occasions where biometric information will be automatically deleted from police systems without the requirement for any application to be made.
I was arrested but not charged by the police. Will the police keep my DNA and a record of my arrest?
If you are arrested but not charged with a minor offence and do not have any previous convictions then your fingerprints/DNA will be automatically deleted at the conclusion of the investigation, without any action required by you. However a record of your arrest will still remain on PNC and an application for removal of this will need to be made under the Record Deletion Process.
If you are arrested but not charged for a qualifying offence (a more serious offence) then again your DNA/fingerprints should automatically be deleted unless you have any previous convictions. Again, a record of your arrest will still remain on PNC and an application for removal of this will need to be made under the Record Deletion Process.
However if you do have any previous convictions the information will be retained for a period of 3 years. The police can also make an application to the Biometrics Commissioner to retain your information for a period of three years and you will then not be able to use the Record Deletion Process.
I was found not guilty at court. Can I apply to have my DNA/Fingerprints removed?
Yes. If you are arrested and charged by the police but subsequently not convicted then you may apply for the deletion of your biometric data and PNC records if you have no previous convictions (for some minor offences the data will be automatically deleted). You will need to be able to satisfy the necessary grounds for such application. If your application is successful records of fingerprints will be deleted from IDENT1 and your DNA profile will be deleted from NDNAD together with the associated PNC record.
I was given a Penalty Notice for Disorder (PND). Can I apply to have my DNA removed?
If you were given a Penalty Notice for Disorder (PND) then this is classed as a conviction and so your biometric information would ordinarily be retained for a period of two years. However, it is possible to make an application for your fingerprints/DNA to be removed if you fit the necessary grounds for making such an application.
I want my fingerprint/DNA/record of arrest removed from the police database – what should I do?
Contact Olliers Solicitors and we are able to assess whether you meet the criteria for an application of deletion of your PNC record and/or biometric information and make such application for you for a fixed fee. If you do fit the criteria for an application then specialist advice should be sought as you would need to be able to demonstrate that you meet the necessary grounds and evidence the same. We have successfully applied for the deletion of biometric data and record of arrest on behalf of numerous clients who understandably do not wish for the same to be retained when they have never been convicted of a crime.
Relevant articles
Recent Success
Olliers have successfully applied for deletion of PNC Records relating to arrest:
- 2024 – Client SJP – successful removal of data from PNC re allegations of serious fraud
- 2024 – Client AA – successful removal of data from the PNC in relation to GBH
- 2024 – Client GC – successful removal of PNC data in relation to an allegation of ABH
- 2024 – Client SB – successful removal of PNC record re allegations of domestic violence
- 2024 – Client SWM – successful removal of PNC record re allegations of domestic violence
- 2024 – Client AJ – successful removal of data from the PNC in relation to allegations of ABH and controlling and coercive behaviour
- 2024 – Client JC-B – successful removal of data from the PNC in relation to allegations of common assault and sexual assault by touching
- 2024 – Client MA – successful removal of data from the PNC in relation to allegations of harassment and assault
- 2024 – Client FM – successful removal of data from the PNC in relation to allegations of sexual offences against a minor
- 2024 – Client SM – positive decision to remove data from PNC in relation to allegations of domestic violence
- 2024 – Client SJB – positive decision to remove data from PNC in relation to allegation of domestic violence – assault against partner
- 2023 – Client G – Successfully applied to have two juvenile arrests for criminal damage removed from PNC records
- 2023 – Client P – Successfully applied to have an arrest for Actual Bodily Harm removed from PNC records
- 2023 – Client W – Successfully applied to have an arrest summons for Fare Evasion removed from PNC records
- 2023 – Client J – Successfully applied to have an arrest for Indecent images, videos and photographs or pseudo photographs of children removed from local police records
- 2023 – Client S – Successfully applied to have arrests for Possession of a Controlled Drug and Criminal Damage removed from PNC records
- 2023 – Client C – Successfully applied to have an arrest for Assault Occasioning Actual Bodily Harm removed from PNC records
- 2023 – Client T – Successfully applied to have an arrest for misconduct in the public office removed from PNC records
- 2023 – Client RN – Successfully applied to have an arrest for alleged possession of indecent images of children removed from PNC records
- 2023 – Client ZA – Successfully applied to have arrests for alleged sexual assault, attempt to take a child without lawful authority, being drunk and disorderly as well as using threatening behaviour to cause alarm or distress removed from PNC records
- 2023 – Client DC – Successfully applied to have an arrest for alleged assault occasioning actual bodily harm removed from PNC records
- 2022 – Client S – Successfully applied to have an arrest for being drunk and public urination removed from PNC records
- 2022 – Client B – Successfully applied to have an arrest for malicious communication removed from PNC records
- 2022 – Client W – Successfully applied to have arrest for indecent images removed from PNC records
- 2022 – Client S – Successfully applied to have arrests for Common Assault and Criminal Damage removed from PNC records
- 2022 – Client ZT – Successfully applied to have an arrest for threats to kill removed from PNC records
- 2022 – Client ES – Successfully appealed to have an arrest for common assault removed from PNC records
Need a Fingerprint/DNA Removal/PNC Arrest Record Specialist Lawyer
Contact Nathalie Potter to discuss how Olliers can help you successfully make an application for record deletion.
