Previously, you could have been accused of a criminal offence. Included in this process, you could have been arrested, detained, fingerprinted, had DNA samples taken and been booked into a police station. After the police carried out each of their enquiries in to the allegation they could have decided to drop the case and you would have been told the authorities were taking "no longer action ".In these circumstances, you could fairly assume that the situation was closed and it would have no more bearing in your future. Generally, this really is true however, the very fact of your arrest and the reasons behind it can have been recorded on law enforcement national computer. Therefore you'll have no formal "criminal record" but the details of the allegation will undoubtedly be recorded against your name. Some minor allegations may be filtered off the machine after 6 years however if the allegation is serious then it's unlikely to be deleted so soon. The main reason law enforcement retain non-conviction information is for potential disclosure when applying for future employment or positions of responsibility.
The logic behind that is that perhaps an allegation has been made, may be of a very serious nature, but there's insufficient evidence to proceed with the case. The authorities believe that in discharging their duty to protect the public, notably the vulnerable and children, using circumstances this non-conviction information could be disclosed to future prospective employers or other official bodies. In making a disclosure the authorities must assess whether the data to be disclosed is reliable and relevant and whether in light of the general public interest and the likely impact on the applicant, whether it is proportionate to disclose the information. Factors to be considered in assessing proportionality range from the gravity of the information; its reliability and relevance; the applicant's possibility to rebut the data; the time scale that has elapsed since the relevant events; and the adverse effectation of the disclosure. This policy by itself is logical and its aims are difficult to challenge, however obviously, as with any broad system, there is a potential for serious injustice to be caused by its implementation. Those that have been the victims of an authentic false allegation may not just suffer the trauma of the first investigation but may need to feel the false allegation repeated each time they hope to utilize for almost any position that involves any kind of responsibility or trust.
Similarly, those which have been convicted or cautioned for an offence, but have reformed, will find the disclosure rules ensure it is used difficult to go on. The Disclosure and Barring Service (DBS) and police, however, are alive to the potential for an unfair disclosure of information and law enforcement and DBS have a procedure in destination for a dispute information which is disclosed. It is possible for you really to affect appeal the disclosure of information yourself or you could seek the assistance of a specialist criminal defence solicitor who are able to guide you on steps to make the very best application possible. If after going right on through the appeals process law enforcement and DBS refuse to eliminate the info on the disclosure certificate it's possible to check out judicial review to challenge the basis upon which the info is disclosed. Again you are able to apply for judicial review yourself but, as with many complex court proceedings, it usually advisable to employ the services of an experienced criminal defence solicitor. If you're shocked to note that the police have recorded information regarding you which will be totally untrue, it could be the case that they have incorrectly registered details against your name. If this has happened you should use the DBS appeals process to set the record straight.
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