CRB information and wrongful arrest / information held

nat21luv

OP, I was arrested and cautioned as a youth for theft (friends had stolen alcohol from a shop, I met up with them after the incident completely unaware but still arrested) I, like you, suffered for years following the arrest and still am. With regards to applications, you do not have to disclose convictions/cautions to an employer once 5 years have passed from the date of your conviction. With applications that require a CRB, it will not show but may do on an enhanced. Even though I was wrongfully arrested, I still have to wait 10 years from the date of conviction before I can submit an application to join the Police. This is due to the nature of the 'conviction'. Hope you get the closure you need.

scottishperson2

You're screwed. Since Huntly the police can hold whatever they like about you and you have no recourse - if the chief constable wants it held, its held. I could go into a polce station tonight and claim you'd been harassing me, that claim would be taken for granted, and a non-crime record would appear on your enhanced CRB. Absolutely NOTHING you can do about it, deny it as much as you want, moan about your right to privacy, data protection etc etc etc. This is becoming a way exs get back at someone, in an attempt to blacken there name, police know it, politicians know it, but because of Huntly it stays an your record.
If the chief constable wants it held, its held. Welcome to the police state.

creditcardhelp11

It is called a subject access request and information is rarely nor easily removed. DNA and fingerprints are stepped down/removed as per guidelines following the S & Marper ECtHR case. General information held on the PNC is stepped down following step down procedure, information (not DNA/Fingerprints) may be retained indefinitely in the interest of security/for the prevention of crime.

creditcardhelp11

nat21luv wrote: »

OP, I was arrested and cautioned as a youth for theft (friends had stolen alcohol from a shop, I met up with them after the incident completely unaware but still arrested) I, like you, suffered for years following the arrest and still am. With regards to applications, you do not have to disclose convictions/cautions to an employer once 5 years have passed from the date of your conviction. With applications that require a CRB, it will not show but may do on an enhanced. Even though I was wrongfully arrested, I still have to wait 10 years from the date of conviction before I can submit an application to join the Police. This is due to the nature of the 'conviction'. Hope you get the closure you need.

Incorrect. If the job is exempt under the Rehabilitation of Offenders Act then all convictions, cautions and reprimands must be disclosed end of story. They will come up in a standard or enhanced CRB so if you lie you will be easily caught out. Some convictions are never spent so you will always have to disclose to any employer who asks. Whoever told you 5 years doesn't have a clue. You should ensure you understand the law if you wish to become a police officer. Moreover, waiting ten years before you submit an application, who told you that? You committed a crime of dishonesty, you will be lucky if you are ever allowed to be a police officer. Though, if you can show exceptional behaviour in the years before the application they may let you in.

nat21luv

creditcardhelp11 wrote: »

Incorrect. If the job is exempt under the Rehabilitation of Offenders Act then all convictions, cautions and reprimands must be disclosed end of story. They will come up in a standard or enhanced CRB so if you lie you will be easily caught out. Some convictions are never spent so you will always have to disclose to any employer who asks. Whoever told you 5 years doesn't have a clue. You should ensure you understand the law if you wish to become a police officer. Moreover, waiting ten years before you submit an application, who told you that? You committed a crime of dishonesty, you will be lucky if you are ever allowed to be a police officer. Though, if you can show exceptional behaviour in the years before the application they may let you in.

Home office guidelines and the reason why my application was rejected 4 years ago. I was arrested and cautioned as a juvenile, never convicted nor did I commit an act of crime. I know a guy that was caught dealing who then went on to join. Thank you for your opinion regarding my application, but unless your the Recruiting Officer or above for my constabulary, then it is worthless.

creditcardhelp11

Well you are not going to go for as a police officer. A caution is given when you admit to a crime it is the same as a conviction just does not involve the court unless you mean a reprimand, which is the same as a police caution but just for children. If you did not commit a crime you should not have accepted a caution. By accepting a police caution you admitted to the crime of theft - dishonesty. Home Office guidelines please show me where it states that you'll be accepted to join the police 10 years after admitting to a dishonesty offence?

scottishperson2

creditcardhelp11 wrote: »

If you did not commit a crime you should not have accepted a caution. By accepting a police caution you admitted to the crime of theft - dishonesty.

We both know, however, that police officers can go along the lines of "accept a caution, it won't mean anything" and those that just want to go home accept it thinking it means nothing - when infact it means you admit the crime and it appears on your record till you hit 100.

creditcardhelp11

That is very very true and everyone should have a solicitor if going to be interviewed. However, nat21luv is wanting to go in the police and says he did not crime etc.... yet he has a caution which is saying he did commit a crime. He needs to wise up to the law especially if he wants to be a police officer. Yes you are right step down procedure for cautions is now step down after 5 deleted after 100.

prowla

Injustice_Done wrote: »

A totally law abiding innocent citizen who has had their life turned upside down by injustice and incompetance

I do hope it works out for you, but I did have to snigger at the mis-spelling of "incompetence".
(Sorry - :rotfl:!)

scottishperson2

creditcardhelp11 wrote: »

Yes you are right step down procedure for cautions is now step down after 5 deleted after 100.

Everyone should have a solicitor that doesn't have the word "Duty" before there title!

I thought, although I will stand corrected, it was removed when you reached 100 years of age, not 100 years after the date.