If you have been arrested for a recordable offence, and so the police will accept the right to accept a Deoxyribonucleic acid sample and fingerprints.

The constabulary can retain your Deoxyribonucleic acid and fingerprints in certain circumstances, only there a number of situations where the police must delete your Deoxyribonucleic acid and fingerprints.

What is Actually Kept?

The police requires all Dna samples to exist destroyed inside 6 months of being taken (unless the sample is needed for court proceedings). This allows fourth dimension for a DNA profile to exist produced to exist added to the National DNA Database (NDNAD).

DNA profiles are stored on the NDNAD and consist of a string of 10 pairs of numbers (though this will be increasing to 17 in the most future) and 2 messages (Xx for women, XY for men) to signal gender.

Fingerprints are usually scanned electronically from the private in custody and the images stored on IDENT1, the national fingerprint database.

When tin can the Constabulary Retain my DNA and Fingerprints?

The law can indefinitely retain your DNA and fingerprints if, as an adult, you were convicted (including cautions) for any recordable offence.

The police can also retain your Dna and fingerprints indefinitely if yous were bedevilled (including youth cautions/reprimands/final warnings) for a "Qualifying Offence".

A Qualifying Offence is a more serious offence such equally murder, manslaughter, rape, wounding, attack occasioning grievous bodily harm, assail occasioning actual actual impairment, robbery and burglary. Also included are numerous sexual practice, indecency and firearms offences. There are currently are over 400 qualifying offences.

Also if y'all are a youth and take been bedevilled of a "Minor Offence" so on your showtime conviction your DNA and fingerprints can be retained for 5 years plus the length of whatever prison sentence, or indefinitely if the prison house sentence is more than five years. On a 2nd conviction retentiveness is indefinite. A Minor Offence is whatsoever recordable offence that is not a qualifying offence.

What if I was never Charged or Convicted?

Charged but not bedevilled

If you were charged simply not convicted of an offence, at any age, then your DNA and fingerprints tin can exist retained for 3 years, plus a two year extension if granted by a District Judge, or indefinitely if yous have previously been convicted of a recordable offence which is non "excluded". An excluded offence is any recordable offence:

  • That is not a qualifying offence.
  • That was committed when the person was under xviii years former.
  • For which the person was not given a custodial sentence of more than v years
  • That is the only recordable offence of which the person has been convicted.

Arrested but non charged

If you were arrested for, but not charged with a qualifying offence, at whatever age, then your DNA and fingerprints tin be retained for 3 years merely if the Biometrics Commissioner permits information technology, and and so a further 2 years if an extension is granted past a District Judge, or indefinitely if y'all take previously been bedevilled of a recordable offence which is non "excluded".

Arrested for or charged with a Pocket-size Offence

If you take been arrested or charged, only non convicted, of a small offence the constabulary may non retain your Deoxyribonucleic acid unless you have had previous conviction for a recordable offence which is not excluded.

Prior to deletion of DNA and fingerprints the constabulary will deport a speculative search confronting an individual'southward Deoxyribonucleic acid and fingerprint records to see if they are linked to any active investigation.

Penalty Notices for Disorder

If yous have been given a Penalty Notice for Disorder (PND) then your Deoxyribonucleic acid and fingerprint records will exist held for two years.

Early Deletion of Deoxyribonucleic acid and Fingerprints

It is possible to use for the "Early on Deletion" of your DNA and fingerprints before the end of your retention period. Early on deletion is possible if you can provide testify for grounds for deletion and:

  • Y'all have no previous convictions and your biometric information is held due to a Punishment Notice for Disorder (PND); or,
  • You accept no previous convictions and your biometric information is held as a result of you being arrested and charged with a Qualifying Offence but y'all were not subsequently convicted.

Early on Deletion of PNC Records and or DNA/Fingerprints

If would like your fingerprints and DNA records deleted from police systems, or if you accept PNC or local PND records that yous would like to be expunged, and then we are able to help.

Please note we are not able to apply to have convictions deleted from the PNC. Court convictions demand to be challenged via appeal to the Crown Court or Court of Appeal, you may also be able to appeal to the Criminal Cases Review Committee (CCRC).

For applications for deletion of police records, we are usually able to accuse fixed fees. Please get in touch to arrange an initial stock-still fee consultation.