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criminal record after charges dropped?

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Kristal53 | 16:15 Fri 02nd Sep 2011 | Criminal
9 Answers
Last year I voluntarily went to a police station for 'questioning' and when arrived was arrested on suspected minor criminal damage. DNA was taken and photos. Months later, despite the Police having no evidence other than a 'motive' ( I am a member of an anti-hunt organisation and the damage was related to that), I was charged with criminal damage. On the day of the magistates hearing I was stood before the court and following what my solicitor said to the court the charges were dropped , there and then, and i was told I was free to go. My two questions : 1 - do I now have a criminal record and therefore not pass a check? -I have never been in trouble with the police before even for parking offence and 2: Will the Police keep me on the database even though charges were dropped? PS someone admitted the offence and later got a conditional discharge and fine. Thanks
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The police retain records of arrests as 'Nominal' records on the Police National Computer, currently until the subject reaches 100 years of age. This policy is the subject of ongoing debate.

Whether the arrest will show up if you choose to make a Subject Access Request is not clear. Various Data Protection exemptions apply to the police, and arrests are...
10:56 Sat 03rd Sep 2011
You weren't convicted of anything so you don't have a criminal record.
If you were not convicted of anything you do not have a criminal record. The police may keep a record on their database.
Question Author
oh wow I hope this is true - so records of arrests don't go on file then? How can I find out if I'm on the Police database?
There will be records of what happened but you do not have a criminal record, which is what you asked.
criminal record - a list of crimes for which an accused person has been previously convicted
You can get a copy of your 'police record' (which will show anything that the police may have kept on record about you) by paying a £10 fee to your local police force. Google 'xxxxxx police subject access' to find details of the procedure (replacing 'xxxxxx' with the name of the relevant force. such as 'Suffolk' or 'Metropolitan'.

As others have said, you don't have a criminal record. A CRB check at standard level will come up clear. However if an enhanced CRB check is carried out it can also show any information deemed relevant by a senior police officer (including, for example, unproven allegations made against you).

Chris
Question Author
ok they will be a record of arrest- so if I apply for a job where they need a criminal record check will it come up in the records that i was arrested, charged but charges were subsequently dropped. This is important as I work in a sector where Criminal record checks are done.
Question Author
thanks buenochico - I will do that - good info
The police retain records of arrests as 'Nominal' records on the Police National Computer, currently until the subject reaches 100 years of age. This policy is the subject of ongoing debate.

Whether the arrest will show up if you choose to make a Subject Access Request is not clear. Various Data Protection exemptions apply to the police, and arrests are not specifically included in the list of information returned under a Subject Access Request:

https://www.askthe.police.uk/content/Q87.htm

But equally nothing you describe should lead to a disclosure under a 'Standard' CRB check (you don't have a 'Criminal' record if the charges were dropped):

http://www.businessli...416048&type=RESOURCES

... and if an employer performs a CRB check on you, you will be sent a copy of the report.

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