Police records and data
You have a right to see the personal information the police hold about you, and in some cases to have it corrected or deleted. We prepare the requests, keep track of the deadlines, and follow up when an answer is late or incomplete.
Asking the police what they hold about you
A subject access request asks an organisation for a copy of the personal information it holds about you. Police forces hold information for different purposes, and the law that applies depends on the purpose:
- for most purposes, the right of access comes from Article 15 of the UK GDPR
- for information processed for law enforcement purposes, such as crime reports, custody records and investigation files, it comes from Part 3 of the Data Protection Act 2018, mainly section 45
Either way, the force usually has one month to respond. That can be extended by up to two further months where requests are complex or numerous, and the force should tell you within the first month if it is extending. You do not have to give a reason for the request, and there is normally no charge.
A force can hold information back in some situations, for example where disclosure would prejudice the prevention or detection of crime, an investigation or a prosecution, or where it would reveal information about other people. Where it restricts what you receive under Part 3, it should usually tell you, unless telling you would itself undermine the reason for the restriction. If you are not satisfied with the response, you can complain to the force and then to the ICO, the data protection regulator.
If personal information the police hold about you is inaccurate, you can also ask for it to be corrected.
If you were held in custody, you can ask for a copy of your custody record. Under PACE Code C, that entitlement lasts for 12 months after your release.
The Police National Computer and ACRO
Records of arrests, charges, cautions and convictions are held nationally on the Police National Computer. ACRO Criminal Records Office deals with subject access requests for those records in England and Wales. A request to ACRO is separate from a request to the local force, and the two can return different information.
ACRO also issues police certificates, which some countries ask for in visa and residence applications. A police certificate is a different product from a subject access request. We do not advise on criminal records for immigration or visa purposes.
Deleting police records
Under the Record Deletion Process, you can ask for records to be deleted from the Police National Computer, the National DNA Database and the national fingerprint database. Applications go to ACRO, and the decision is made by the chief officer of the force that owns the record. The national guidance lists grounds an application can rely on, including that:
- the arrest was unlawful, or was a case of mistaken identity
- it was established that no crime was committed
- the allegation was malicious or false
- there was a proven alibi
- another person has been convicted of the offence
- deletion is in the public interest
A court conviction cannot be deleted through this process. Cautions, warnings and reprimands can be considered, although not a conditional caution whose conditions are still running. There is no formal appeal against a refusal, but you can make written representations, supported by evidence, within three months of the decision.
The process covers the national systems only. Records held locally by a force are managed under separate national guidance, and a request about a custody photograph on its own goes to the force directly.
DBS certificates
Standard and enhanced DBS certificates show convictions and cautions from police records, subject to filtering rules. Under the current rules, a standard or enhanced certificate always shows:
- unspent convictions and cautions
- convictions, and adult cautions, for offences on the specified list
- convictions that led to a custodial sentence
For other offences, an adult caution is shown for 6 years, an adult conviction for 11 years, and a conviction received under 18 for 5 and a half years. Cautions, warnings and reprimands received under 18 are not shown automatically. An enhanced certificate can also include other information held by local police, if a chief officer reasonably believes it is relevant and ought to be included.
A basic certificate shows only unspent convictions and conditional cautions.
If a standard or enhanced certificate contains a mistake, such as information about the wrong person or a conviction that should have been filtered, you can dispute it with the DBS. You should do this within 3 months of the date on the certificate. If the information may not relate to you, the DBS may ask for your fingerprints to resolve the dispute. If the police do not agree that information on an enhanced certificate should be removed because it is not relevant or should not be included, the dispute can go to the Independent Monitor. Basic certificates have a separate dispute process.
What we do
- Prepare subject access requests to a police force and to ACRO, and send them on your written authority
- Track the response deadline and chase late or incomplete responses
- Ask for inaccurate information to be corrected
- Prepare Record Deletion Process applications and any later representations
- Prepare DBS certificate disputes about factual errors and information that should have been filtered
- Draft a complaint to the ICO if a request is not dealt with properly
What we do not do
- Advise on criminal records for immigration or visa purposes, including ACRO police certificates. Giving immigration advice is a criminal offence unless the adviser is registered with the Immigration Advice Authority or otherwise qualified, so we refer these.
- Seek to remove a court conviction. A conviction can be challenged only through an appeal to the courts.
- Bring a court claim for compensation under data protection law
- Deal with records held in Scotland or Northern Ireland
For immigration matters, speak to an adviser registered with the Immigration Advice Authority, or a solicitor.
Ask in good time
If you need information for a complaint, a review or another matter with a deadline, make the request early. One month passes quickly, and the force can extend it. A subject access request is not a way to find out about a current investigation into you, and information may be withheld while one is under way. If you are under investigation, speak to a criminal defence solicitor.
Common questions
Can I get body-worn camera footage of me?
It can be included in a subject access request if the force still holds it. Images of other people may be blurred or withheld to protect their information. Footage that is not needed as evidence may be deleted after a time, so ask promptly.
I was arrested but not charged. Are my records deleted automatically?
Partly. In many cases where no charge follows, DNA profiles and fingerprints must be destroyed under rules added by the Protection of Freedoms Act 2012, although there are exceptions. Police National Computer records are generally kept unless a Record Deletion Process application succeeds.
My DBS certificate shows something I did not expect. What can I do?
First check whether the filtering rules apply to it. If the information is wrong, about someone else, or should have been filtered, it can be disputed, usually within 3 months of the date on the certificate. Send us a copy and we will tell you whether a dispute is open to you.
Our status
Appeal Specialists is an independent consultancy, not a law firm. We are not solicitors or barristers and we are not regulated by the Solicitors Regulation Authority or any other legal regulator, so you cannot complain about us to the Legal Ombudsman.
We provide non-reserved legal services only. We do not conduct litigation, file or serve court documents, or accept service of court documents for you. Where the law allows, we can speak for you at a small-claims hearing or a tribunal, but only with your agreement and, at small-claims hearings, only if you attend.
What you tell us is not protected by legal professional privilege. We never hold your money. We work on matters in England and Wales only. We do not guarantee any outcome.
All correspondence by email
We deal with everything in writing, so every point and every deadline is on the record. If you are replying to a letter from us, please quote our reference.