If you lot accept been arrested for a recordable offence, then the constabulary will accept the right to take a DNA sample and fingerprints.

The police can retain your DNA and fingerprints in certain circumstances, but there a number of situations where the police force must delete your DNA and fingerprints.

What is Actually Kept?

The police force requires all DNA samples to be destroyed within 6 months of existence taken (unless the sample is needed for court proceedings). This allows time for a Dna profile to be produced to be added to the National DNA Database (NDNAD).

Deoxyribonucleic acid 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 near future) and two messages (XX for women, XY for men) to betoken gender.

Fingerprints are usually scanned electronically from the individual 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, every bit an adult, you were convicted (including cautions) for any recordable offence.

The police tin besides retain your DNA and fingerprints indefinitely if you were bedevilled (including youth cautions/reprimands/terminal warnings) for a "Qualifying Offence".

A Qualifying Offence is a more serious offence such as murder, manslaughter, rape, wounding, assault occasioning grievous bodily harm, assault occasioning bodily bodily harm, robbery and burglary. Also included are numerous sex, indecency and firearms offences. There are currently are over 400 qualifying offences.

Also if you are a youth and have been convicted of a "Minor Offence" then on your start conviction your Deoxyribonucleic acid and fingerprints can be retained for v years plus the length of whatsoever prison sentence, or indefinitely if the prison sentence is more than than 5 years. On a second confidence retentiveness is indefinite. A Small-scale Offence is any recordable offence that is not a qualifying offence.

What if I was never Charged or Convicted?

Charged but not convicted

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

  • That is non a qualifying offence.
  • That was committed when the person was under xviii years old.
  • For which the person was not given a custodial sentence of more than 5 years
  • That is the simply recordable offence of which the person has been convicted.

Arrested only not charged

If you were arrested for, but not charged with a qualifying offence, at any historic period, and so your Dna and fingerprints can be retained for 3 years merely if the Biometrics Commissioner permits information technology, and and then a further two years if an extension is granted past a District Approximate, or indefinitely if you lot have previously been convicted of a recordable offence which is not "excluded".

Arrested for or charged with a Minor Offence

If you have been arrested or charged, but not bedevilled, of a minor offence the police may not retain your DNA unless you have had previous conviction for a recordable offence which is not excluded.

Prior to deletion of Dna and fingerprints the police volition conduct a speculative search against an individual's Dna and fingerprint records to see if they are linked to any active investigation.

Penalty Notices for Disorder

If you have been given a Penalization Notice for Disorder (PND) then your DNA and fingerprint records volition exist held for two years.

Early Deletion of Deoxyribonucleic acid and Fingerprints

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

  • You have no previous convictions and your biometric information is held due to a Penalty Notice for Disorder (PND); or,
  • You lot take no previous convictions and your biometric information is held every bit a consequence of you existence arrested and charged with a Qualifying Offence but you were not subsequently convicted.

Early Deletion of PNC Records and or Dna/Fingerprints

If would like your fingerprints and Deoxyribonucleic acid records deleted from police systems, or if you lot have PNC or local PND records that you lot would similar to be expunged, 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 likewise be able to appeal to the Criminal Cases Review Commission (CCRC).

For applications for deletion of police records, we are normally able to charge fixed fees. Please become in bear on to suit an initial stock-still fee consultation.