Accessing my Police records?

[Steerpike100]

Hi,

 

A few years ago after a stag weekend, I was arrested for being drunk and disorderly in a town centre. Not something I am at all proud of but something I had good grounds to feel aggrieved at (they all say that I know!). In the end I had to swallow it and get on with life. It was a freak occurrence and something that caused me a lot of distress at the time. I have tried to put it to the back of my mind but find myself thinking about it from time to time. They did take a swab and fingerprints so I must be on 'the' Database. I was never charged and simply spent a night sobering up in the cells.

 

I want to find out if I can remove any records they might have. I doubt whether this could ever come back to haunt me but I'd like to put it to bed once and for all.

 

I think I might be able to make a CRB Data request. Does anyone ahev any advice on a) whether I should be worrying about how this record (if it exists) might damage me in future (bearing in mind no charges were brought so no criminal record) and b) how I can find out what records if any are held and how I can get them removed (if I can!)

 

Any help greatly appreciated.

[barracad]

You're entitled to see what information is held on you by sending a SAR. Whilst you can send your own SAR, the most efficient way to getting hold of the data is by completing their own application form, as this will ask specifically what information you require e.g. specific information relating to the incident you're referring to, or all details held on the Police National Computer (PNC). The form can be picked up from any main police station.

[barracad]

Also, the Police also insist on ID for a SAR. If you take your ID to the police station with the £10 fee and complete the form, your ID will be returned immediately rather than sending it through the post.

[pa49]

One of the biggest problems that you are likely to have is if you need to travel to the USA.

You will have to go through their Visa application process which is long winded, time consuming, costly and requires an interview with a US Embassy consular official at their premises in London.

You cannot take advantage of the new online ESTA visa waiver program as this asks if you have ever been arrested.

If you make a false statement then you run the risk of being stopped by US immigration at the point of entry into the US and put on the next plane back to Blighty!

Just thought you may like to know as I am having to go down this route and it's a bind and all because of a small 'incident' 37 yearsago!!!!!!!!!!!!!

[Gogivit]

Steerpike100,

 

I have personally paid £10.00 for a subject access request on me, from my local police station. My caution dissapeared years ago but even so it does not exist,I still, due to the nature of my job have to declare that I once had one!

 

The forms are easy to complete and the police helpful.

 

It interests me that the Americans can deny entry to the USA on whether you have had a caution (ive been several times after my caution) but wonder how they get access to our files?

 

In addition could I personally do a citizens arrest on Gordon Brown and would he then be denied from entering the USA?

[Gilbert_O'Sullivan]

I think the police are entitled to withhold any info they wish in a Subject Access Request and there wouldn't be too much you could do about it.

 

Also, you yourself couldn't just submit a CRB check as it has to be via a registered agency. An enhanced CRB check will record everything, even an arrest without leading to a charge. Although you could submit to disclosurescotland which will show a basic check.

 

So a Subject Access Request may not show the arrest but I'm sure an enhanced disclosure would should you ever need to complete one.

[skonk]

I started a thread about this too. I got 2 cautions for shoplifting of sweets when I was 13! I'm 36 this year and have no problems about paying for sweets these days! I actually think it's a bit unfair to have to pay a hell of a lot of money to travel down to London, pay for them to interview you (I think it's about £120) and even then you are not 100% certain of getting a visa.

 

Don't get me wrong, you could have someone who commited a crime at 17, then that caution, etc. is cleared and a week later they are 18, but I think they should have the common sense to maybe give you a phone interview, to ask you about your record, then decide if it warrants a journey to London. Imagine me travelling down there, telling them I stole sweets when I was 13, the police told me off, and they say, oh, is that it. Visa granted.

 

It's not even as if there is an embassy or the equivalent in the midlands that is more accesible to people up north. This has actually put my visit to L.A. on hold for at least a year now, as I'm waiting to see if any changes will happen to the visa waiver scheme. I did consider risking it, as I have been to the USA before, 8 years ago, but knowing my luck, they'll drag me in, ask why I lied then I'll never bet let in, so I'm not risking it.

[patdavies]

An enhanced CRB check will record everything, even an arrest without leading to a charge.

 

No, it doesn't.

 

If the arrest was for an offence relevant to safeguarding, an arrest may be recorded by virtue of 'the intelligence from local police force'.

 

This page from the CRB explains what is revealed in standard and enhanced disclosures

[skonk]

My mother actually works for the CRB, so I shall find out from her. I know she said that cautions do show up, but the person (as in my mother) who is doing the crb check doesn't actually see the offence. She says it just comes up with disclosed. She said the police actually deal with the enhanced CRB, so whatever info they have on you, may come up.